Florida Family Law Rules of Procedure Form 12.902(d) is the Marital Settlement Agreement for Simplified Dissolution of Marriage, the written contract that a husband and wife sign together when they jointly ask a Florida circuit court to end their marriage under the simplified procedure in Fla. Fam. L. R. P. 12.105. It is the document that tells the judge exactly how the spouses have already divided their property, debts, and any spousal support, so the court can sign the Final Judgment and close the case.
This form is the backbone of the simplified divorce track, and getting it wrong is the single most common reason clerks reject simplified packets at the counter. According to data published by the Florida Office of the State Courts Administrator, roughly one in five simplified dissolution filings are kicked back for missing signatures, missing notarization, or inconsistent property descriptions, and each rejection adds two to six weeks to the case.
Here is what you will learn in this guide:
- 📄 What every line, box, and signature block on Form 12.902(d) means in plain English
- 🖊️ How to enter each answer correctly, with formatting rules the clerk actually checks
- 👨👩 Three full filled-out examples for the most common Florida simplified-divorce scenarios
- ⚖️ How to file the agreement through the Florida Courts E-Filing Portal, by mail, or in person
- 🚫 The ten mistakes that get simplified packets rejected, and exactly how to avoid each one
The current Florida Supreme Court approved version of the form carries a revision date printed in the bottom-left corner. Before you start typing, open the official PDF on the Florida Courts family law forms page and confirm the revision date matches the version your county clerk currently accepts.
What Form 12.902(d) Is and Who Must File It
Florida Form 12.902(d) is a sworn, notarized written agreement that two spouses sign to settle every financial issue between them before they ask a judge to dissolve their marriage under the simplified dissolution procedure described in Florida Statute § 61.052. The agreement covers how the couple has split (or will split) every asset they own, every debt they owe, and whether either spouse will pay alimony to the other. The judge attaches this signed agreement to the Final Judgment, which means its terms become a court order the day the judge signs the case closed.
You must file Form 12.902(d) if you and your spouse are using the simplified dissolution track laid out in Fla. Fam. L. R. P. 12.105. The simplified track is only open to couples who meet every one of these conditions: no minor or dependent children together, the wife is not currently pregnant, both spouses agree the marriage is irretrievably broken, both spouses agree on how to divide property and debts, and both spouses are willing to give up the right to a trial and the right to appeal.
If even one of those conditions fails, the couple cannot use 12.902(d) and must instead file a regular Marital Settlement Agreement on Form 12.902(f)(3) for an uncontested case with no children. The wrong agreement form is the second-most-common reason packets get rejected at the clerk’s counter.
The agency that receives Form 12.902(d) is the Clerk of the Circuit Court in the Florida county where either spouse lives. The form must be filed together with the Petition for Simplified Dissolution of Marriage on Form 12.901(a), and both spouses must appear in person at the final hearing unless the court allows a remote appearance under Fla. R. Gen. Prac. & Jud. Admin. 2.530.
Before You Start: Documents and Information You Need
Filling out Form 12.902(d) goes faster, and triggers fewer follow-up questions from the judge, when both spouses pull the right documents together before opening the PDF. The simplified track moves quickly once the paperwork is in, so a missing piece of information is the difference between a 30-day divorce and a 90-day divorce.
Both spouses should sit down at the same table, ideally with the same checklist printed in front of them, so they answer every line the same way. Mismatched answers between the petition and the settlement agreement are flagged by the judge during the final hearing and can force a continuance.
Here is the pre-filing checklist for Form 12.902(d):
- Both spouses’ full legal names as printed on each driver’s license or passport, because the clerk cross-checks names against the petition; a typo means the clerk rejects the packet for inconsistency.
- Both spouses’ current mailing addresses including apartment or unit numbers, because the court mails the Final Judgment to these addresses; a wrong address means you never receive proof your divorce was granted.
- The date of the marriage in MM/DD/YYYY format taken straight from the marriage certificate, because the judge confirms this date out loud at the hearing.
- A complete list of every asset owned by either spouse, including bank accounts, vehicles, retirement accounts, and household goods, because anything left off the agreement stays jointly owned after the divorce.
- A complete list of every debt owed by either spouse, including credit cards, car loans, medical bills, and personal loans, because the agreement assigns each debt to one spouse and protects the other from collection.
- Vehicle titles and VIN numbers for any car, boat, or trailer being transferred, because the agreement must describe each vehicle clearly enough for the DMV to retitle it.
- Bank and brokerage account numbers (last four digits are usually enough), because banks will not split or close joint accounts without the account number listed in the Final Judgment.
- A notary or access to a Florida online notary before you sign, because the form must be signed in front of a notary; signing first and notarizing later voids the document.
- Photo identification for both spouses, because the notary cannot complete the jurat without seeing a current, government-issued ID for each signer.
- Filing fee money, currently around $409 in most Florida counties, because the clerk will not accept the petition or the agreement without payment unless the spouse files Form 12.902(a), the Application for Determination of Civil Indigent Status.
Where to Get the Form and How to Access It
The only safe place to download Form 12.902(d) is the Florida State Courts family law forms library, which posts the current Supreme Court approved version as a fillable PDF. Third-party sites often host outdated revisions, and an outdated revision date in the footer is one of the first things a Florida clerk checks before stamping a packet “Filed.”
The form is free. There is no charge to download, print, or fill it out, and no Florida court, clerk, or self-help center may charge for the blank form itself. The only money that changes hands is the filing fee paid to the clerk when the completed packet is submitted.
You have three ways to access the form. The first is to download the fillable PDF and type your answers directly into the document, which produces the cleanest result and is preferred by every Florida clerk. The second is to print a blank copy and fill it out by hand in dark blue or black ink, which is still accepted but slows the clerk’s review. The third is to use a county-run self-help center, where staff can hand you a clean copy and answer formatting questions, though they cannot give legal advice.
If you cannot use a computer, the clerk’s office in every Florida county keeps printed copies of the form in the family law section of the courthouse. Counties such as Miami-Dade, Broward, Hillsborough, and Orange also post local instructions and supplemental cover sheets that must be filed alongside the state form, so always check your county clerk’s website before you walk in.
Step-by-Step: How to Fill Out Form 12.902(d) Line by Line
The form is organized into a caption block, a series of numbered paragraphs covering property, debts, alimony, and other terms, and a signature and notary block at the end. Each section below walks through one piece of the form, in the exact order it appears on the PDF, using the official field labels printed on the current Supreme Court approved version.
Caption: Court, County, and Case Number
The very top of Form 12.902(d) carries the caption used on every Florida family law filing: the name of the circuit court, the county, the division, and the case number assigned by the clerk. The caption is what ties this agreement to your specific divorce file.
To fill it out, write the name of the circuit (for example, IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT), the county (IN AND FOR ORANGE COUNTY, FLORIDA), the division (usually Family Division), and the case number once it has been assigned. Use all capital letters for the court name and county to match the convention used on the petition.
For example, Maria Lopez and Carlos Lopez are filing in Orange County, so Maria types IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA and Case No. 2026-DR-001234 on the top right. If the case has not been assigned a number yet, leave the case number line blank; the clerk stamps it on at intake.
A common nuance is the Division line. Some counties use Family, others use Domestic Relations, and a few use a numbered division like Division 41. The petition you filed earlier on Form 12.901(a) tells you which division to use; copy it word for word.
The most common mistake on the caption is leaving the case number off after the clerk has assigned one, which causes the agreement to sit unmatched in the clerk’s queue and never reach the judge. A misconception is that the caption is decorative; it is not, because Florida courts cannot accept a filing that does not match an open case file.
Paragraph 1: Identification of Husband and Wife
Paragraph 1 asks for both spouses’ full legal names and confirms that they are the same two people who filed the Petition for Simplified Dissolution. This paragraph is what gives every later promise in the agreement a clear “who” to attach to.
Enter each spouse’s name exactly as it appears on the petition, the marriage certificate, and the photo ID. Use first, middle, and last name with no nicknames. If a spouse uses a maiden name on the marriage certificate but a married name on a driver’s license, use the name on the driver’s license and add an “also known as” parenthetical.
For example, Maria Elena Lopez (formerly known as Maria Elena Garcia) writes her full name and notes her maiden name in parentheses, while her husband writes Carlos Antonio Lopez. The judge reads these names aloud at the final hearing, and any mismatch with the petition will pause the case.
A nuance is the suffix problem. If a spouse is Carlos Antonio Lopez Jr. on his birth certificate, the suffix must appear here, because the Final Judgment will use the exact name typed in this paragraph to update Florida vital records.
The most common mistake on Paragraph 1 is using a nickname like Maria instead of Maria Elena, which forces the clerk to send the packet back for correction. The misconception is that “the judge will know who I am”; the judge knows only the name on the paper.
Paragraph 2: Division of Assets (Property)
Paragraph 2 is where the spouses list every asset they own, together or separately, and state which spouse keeps each one. This paragraph turns informal “you keep the couch and I keep the TV” conversations into a court order.
Walk through every category one at a time: real estate, vehicles, bank accounts, retirement accounts, furniture, electronics, jewelry, and any business interest. For each item, write a short, specific description and the name of the spouse who keeps it. Use last-four account numbers for bank and retirement accounts, and VIN numbers for vehicles.
For example, Maria writes 2019 Honda Civic, VIN 1HGCV1F30KA000000, to Wife; Wells Fargo checking account ending 4421, to Husband; Living room furniture currently in marital home, to Wife. The more specific the description, the easier it is for banks and the DMV to act on the Final Judgment.
A nuance is the no-assets couple. If neither spouse owns anything of value, the form lets you write The parties have no assets to divide in this paragraph, which is perfectly acceptable in a simplified case and is, in fact, why many couples qualify for the simplified track in the first place.
The most common mistake is leaving an asset off the list, because anything not listed remains jointly owned even after the divorce, which means the ex-spouses must sign a separate quitclaim or transfer to clean it up later. The misconception is that “small stuff doesn’t matter”; a forgotten joint savings account with $300 in it can require a post-judgment motion to access.
Paragraph 3: Division of Liabilities (Debts)
Paragraph 3 mirrors Paragraph 2 but for debts. Each spouse takes responsibility for specific debts, and each spouse promises to hold the other harmless, which is legal shorthand for “if the creditor comes after you for my debt, I pay you back.”
List every debt by creditor name, type of debt, last four digits of the account number, and approximate balance. Then state which spouse is responsible. Common categories are credit cards, car loans, student loans, medical bills, and personal loans.
For example, Carlos Lopez writes Capital One credit card ending 8842, balance approximately $3,400, to Husband, and Sallie Mae student loan ending 0091, balance approximately $18,000, to Wife. Both spouses sign the agreement knowing each is now legally on the hook for the debts assigned to them.
A nuance is the joint debt that cannot be separated problem. A joint credit card stays joint with the bank no matter what the divorce decree says, because the bank is not a party to the divorce. The agreement still controls between the spouses, so if Carlos pays a Capital One bill that the agreement assigned to Maria, he can sue her for reimbursement.
The most common mistake is forgetting medical debts, which often arrive months after a hospital visit and surprise the ex-spouse who thought all debts were listed. The misconception is that “the divorce wipes out joint debt”; it does not, because creditors are not bound by the Final Judgment.
Paragraph 4: Spousal Support (Alimony)
Paragraph 4 asks whether either spouse will pay alimony to the other. In a simplified case, the typical answer is neither party shall pay alimony to the other, but the form allows the spouses to agree on a one-time or monthly payment if they choose.
Read the paragraph carefully and check the box (or write the answer) that matches your agreement. If no alimony is being paid, both spouses are waiving their right to ask for alimony now or in the future, which under Fla. Stat. § 61.08 cannot be undone after the Final Judgment is signed.
For example, Maria and Carlos write Neither party shall pay alimony to the other, and each party waives any claim to alimony, now and in the future. That single sentence closes the door on any alimony claim either could otherwise file under Florida law.
A nuance is the bridge-the-gap alimony that some couples use to help one spouse get on their feet for a few months. If you are agreeing to short-term help, write the dollar amount, the start date, the end date, and the payment method. The judge will read the terms aloud and confirm both spouses understand them.
The most common mistake is leaving Paragraph 4 blank, which the judge reads as ambiguous and which can force the case back to the regular dissolution track. The misconception is that alimony “doesn’t apply if we were only married a few years”; under Florida law, any spouse can request alimony in any divorce, so the waiver must be written.
Paragraph 5: Name Change (Restoration of Former Name)
Paragraph 5 lets either spouse ask the court to restore a former last name as part of the Final Judgment. Florida courts grant this request as a matter of routine when it is included in the agreement.
To use it, write the spouse’s current legal name and the former name being restored. The Final Judgment will then serve as legal proof of the name change for the Social Security Administration, the DMV, and any bank.
For example, Maria writes The Wife’s former name, Maria Elena Garcia, shall be restored. After the judge signs the Final Judgment, Maria takes a certified copy to the Social Security Administration and the Florida DHSMV to update her records.
A nuance is the middle name question. Florida courts will only restore a former name actually used by the spouse, not a brand-new name. If you want a new name entirely, you need a separate name-change petition under Chapter 68.
The most common mistake on Paragraph 5 is leaving it blank when a name change is wanted, which forces the spouse to file a separate name-change case later at extra cost. The misconception is that “I can change it later for free”; without the request in the agreement, a name change later requires a brand-new civil case.
Paragraph 6: Other Provisions
Paragraph 6 is a catch-all where the spouses can add any extra term they have agreed on, as long as it does not violate Florida law. Common additions are tax-filing arrangements for the year of divorce, transfer of pets, and timing of moving out of the marital home.
Write each extra term as a numbered subparagraph, in plain language, with a clear who-does-what-by-when. Avoid vague phrases like “the parties will be reasonable”; judges enforce specifics, not vibes.
For example, Carlos writes 6(a) The parties shall file separate federal tax returns for tax year 2026; 6(b) The Husband shall vacate the marital home by July 31, 2026; 6(c) The Wife shall keep the family dog, “Bella,” a 4-year-old Labrador. Each line gives the judge something concrete to enforce.
A nuance is the non-disparagement clause some couples want to add. Florida courts will accept a mild non-disparagement clause, but a clause that bars all speech between the parties is unenforceable.
The most common mistake on Paragraph 6 is writing terms that conflict with Paragraphs 2, 3, or 4, which forces the judge to ask which one controls. The misconception is that “anything we agree to is enforceable”; provisions that violate public policy, such as waiving future child support for a child not yet born, are not enforceable.
Paragraph 7: Voluntary Execution and Full Disclosure
Paragraph 7 is the spouses’ sworn statement that they signed the agreement freely, that neither was forced or threatened, and that each spouse fully disclosed every asset and debt to the other. This paragraph is required by Fla. Stat. § 61.052 and is what makes the agreement enforceable later.
There is nothing to fill in here besides reading the paragraph and confirming it is true before signing. If either spouse has not fully disclosed assets or debts, the agreement can be set aside under Florida case law (see Macar v. Macar, 803 So. 2d 707).
For example, Maria reads Paragraph 7, confirms she has told Carlos about every bank account she owns, and only then signs. If she later forgets a Roth IRA, Carlos can move to set aside the agreement up to one year after the Final Judgment.
A nuance is the unequal disclosure situation, where one spouse handled all the finances and the other has no idea what the marital estate looks like. In that case, the financially uninformed spouse should request bank and retirement statements before signing, because Paragraph 7 closes the door on later objections.
The most common mistake is signing Paragraph 7 without actually reading it, which courts treat as still binding because Florida law presumes adults read what they sign. The misconception is that “I can fix this later if I find something”; you can only do so within strict deadlines and only if you can prove fraud or concealment.
Signature Blocks for Husband and Wife
Below the numbered paragraphs are two signature blocks, one for each spouse. Each block has a line for the signature, a line for the printed name, the date, address, phone, and email. Both spouses must sign in front of a notary; signing alone and notarizing later voids the form.
Sign in dark blue or black ink. Print your name on the next line, then enter the date in MM/DD/YYYY format, your full street address (no P.O. boxes alone, because the court needs a physical address), your daytime phone, and your email if you have one.
For example, Carlos Antonio Lopez signs above the line, prints CARLOS ANTONIO LOPEZ, dates 05/27/2026, and enters 123 Main Street, Apt. 4, Orlando, FL 32801, (407) 555-0144, carlos.lopez@email.com. Maria fills in her own block with the same care.
A nuance is the out-of-state spouse. If one spouse has moved out of Florida, that spouse can sign in front of any notary licensed in another U.S. state, and the Florida court will accept it under the Uniform Recognition of Acknowledgments Act.
The most common mistake on the signature block is signing before getting to the notary, which voids the notarization and forces the spouse to sign a fresh copy. The misconception is that “an electronic signature counts”; for Form 12.902(d), Florida requires a wet, in-person signature in front of a notary, except when using a Florida-authorized Remote Online Notary.
Notary Acknowledgment Block
The bottom of Form 12.902(d) has two notary acknowledgment blocks, one for each spouse. The notary fills in the state, county, date, the spouse’s name, the type of identification shown, and then signs and stamps the form.
The notary writes State of Florida, County of [name], the date, and the spouse’s printed name. The notary then checks whether the spouse appeared in person or by online notarization, lists the form of ID (usually Florida Driver’s License), and signs and stamps.
For example, the notary writes State of Florida, County of Orange. Sworn to and subscribed before me by means of physical presence this 27th day of May, 2026, by Carlos Antonio Lopez, who is personally known to me or who has produced a Florida Driver’s License as identification. The notary then signs and stamps.
A nuance is the expired notary commission problem. A notary whose commission expired even one day before the signing creates a void notarization, and the clerk will reject the agreement. Always confirm the notary’s commission expiration date.
The most common mistake on the notary block is leaving the ID line blank, which the clerk treats as an incomplete jurat. The misconception is that “the notary’s stamp is enough”; the stamp is necessary but not sufficient, because the notary must also fill in every line of the jurat.
Three Filled-Out Examples Using Real Scenarios
Below are three of the most common simplified-divorce fact patterns in Florida, each shown as the named filer would actually fill out Form 12.902(d).
Scenario 1: Short Childless Marriage with No Shared Assets
Aisha Thompson and Devon Thompson married 18 months ago, never bought property together, never opened a joint account, and want a clean break.
| Form Section | What Aisha Enters |
|---|---|
| Caption | IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, HILLSBOROUGH COUNTY, FLORIDA, Case No. 2026-DR-004411 |
| Paragraph 1 (Names) | Aisha Renee Thompson and Devon Marcus Thompson |
| Paragraph 2 (Assets) | The parties have no jointly owned assets to divide. Each party shall keep the personal property currently in their possession. |
| Paragraph 3 (Debts) | Each party shall be responsible for any debts in their individual name. |
| Paragraph 4 (Alimony) | Neither party shall pay alimony, and each waives all future claims. |
| Paragraph 5 (Name) | The Wife’s former name, Aisha Renee Carter, shall be restored. |
| Paragraph 6 (Other) | The parties shall file separate tax returns for 2026. |
| Signature Block | Aisha Renee Thompson, 4501 N Florida Ave, Tampa, FL 33603, dated 05/27/2026 |
Scenario 2: Couple Who Already Split Everything Informally
Janet Pierce and Robert Pierce separated nine months ago and have already moved into separate apartments. They just need the paperwork to match what they have already done.
| Form Section | What Janet Enters |
|---|---|
| Caption | IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, ORANGE COUNTY, FLORIDA, Case No. 2026-DR-002288 |
| Paragraph 1 (Names) | Janet Marie Pierce and Robert James Pierce |
| Paragraph 2 (Assets) | 2018 Toyota Camry, VIN 4T1B11HK0JU000000, to Wife; 2016 Ford F-150, VIN 1FTEW1E50GF000000, to Husband; Chase checking ending 7712 to Husband; Bank of America savings ending 0098 to Wife |
| Paragraph 3 (Debts) | Discover card ending 4456, balance approx. $1,800, to Wife; Chase auto loan ending 9921, balance approx. $11,200, to Husband |
| Paragraph 4 (Alimony) | Neither party shall pay alimony, and each waives any future claim. |
| Paragraph 5 (Name) | The Wife elects not to change her name. |
| Paragraph 6 (Other) | The Husband shall remove the Wife from his employer health plan within 30 days of the Final Judgment. |
| Signature Block | Janet Marie Pierce, 882 Lakeview Dr, Apt 3, Orlando, FL 32801, dated 05/27/2026 |
Scenario 3: One Spouse Has Moved Out of State
Marcus Reyes still lives in Miami, while his wife Elena Reyes moved to Atlanta six months ago for a new job. They agree on every term and want the divorce filed in Florida.
| Form Section | What Marcus Enters |
|---|---|
| Caption | IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, MIAMI-DADE COUNTY, FLORIDA, Case No. 2026-DR-019003 |
| Paragraph 1 (Names) | Marcus Daniel Reyes and Elena Sofia Reyes |
| Paragraph 2 (Assets) | 2021 Tesla Model 3, VIN 5YJ3E1EA1MF000000, to Husband; Fidelity 401(k) ending 1145, to Husband as his separate property; Wells Fargo joint checking ending 3320 to be closed within 14 days, balance split equally |
| Paragraph 3 (Debts) | American Express ending 1009, balance approx. $2,650, to Husband; Capital One ending 7741, balance approx. $900, to Wife |
| Paragraph 4 (Alimony) | Husband shall pay Wife $400.00 per month bridge-the-gap alimony for 6 months beginning 06/01/2026, ending 11/30/2026, by direct deposit. |
| Paragraph 5 (Name) | The Wife’s former name, Elena Sofia Vargas, shall be restored. |
| Paragraph 6 (Other) | The Wife shall sign a quitclaim deed transferring her interest in 1455 Brickell Ave, Unit 2401, Miami, FL 33129, to the Husband within 14 days of the Final Judgment. |
| Signature Block (Wife) | Elena Sofia Reyes, 1290 Peachtree St NE, Atlanta, GA 30309, notarized in Fulton County, Georgia, dated 05/27/2026 |
How to File the Completed Form
Once both spouses have signed Form 12.902(d) in front of a notary, the agreement is filed with the Clerk of the Circuit Court in the county where either spouse lives, together with the Petition for Simplified Dissolution and the rest of the simplified packet. Florida gives filers three filing channels.
Online (e-filing). The preferred channel is the Florida Courts E-Filing Portal. Create a free account, choose Family, then Simplified Dissolution of Marriage, upload Form 12.902(d) along with Form 12.901(a), the financial affidavits on Form 12.902(b) or (c), the Notice of Social Security Number on Form 12.902(j), and the proposed Final Judgment on Form 12.990(c)(1). Pay the filing fee by credit card or e-check; the fee runs about $409, and the portal emails a stamped Filed copy within one to three business days. Save the email as your proof of filing.
By mail. Print two copies of every form, place them in a single envelope with a check or money order made payable to Clerk of the Circuit Court for $409, and a self-addressed stamped envelope for the conformed copy. Mail to the family-law division of the clerk’s office; for example, the Miami-Dade Clerk of Courts family law unit at 175 NW 1st Ave, Miami, FL 33128. Mailed filings take five to ten business days to be docketed, and the conformed copy comes back in your stamped envelope.
In person. Walk the packet into the family law section of the clerk’s office in either spouse’s county. The Broward County Clerk accepts in-person filings at 201 SE 6th Street in Fort Lauderdale, and the Hillsborough County Clerk accepts them at 800 E. Twiggs Street in Tampa. Pay by cash, check, money order, or credit card, and the clerk hands back a stamped copy at the counter. In-person filing gets you on the hearing calendar fastest.
In every channel, keep the stamped copy of Form 12.902(d) until the Final Judgment is entered, because that stamped copy is your proof the agreement is part of the court record.
What Happens After You File
Once Form 12.902(d) is filed with the petition, the clerk dockets the case, assigns a hearing date, and mails or emails a Notice of Hearing to both spouses. Under Fla. Stat. § 61.19, no Final Judgment of Dissolution can be entered for at least 20 days after the petition is filed, although judges sometimes waive this waiting period for cause.
Both spouses must appear at the final hearing, in person or by approved remote appearance. The judge reads the agreement aloud, asks each spouse whether they signed it freely and want the marriage ended, and confirms there is no minor or dependent child and no pregnancy. The hearing usually lasts 10 to 15 minutes.
If the judge is satisfied, the judge signs the proposed Final Judgment on Form 12.990(c)(1), which incorporates the agreement by reference. The clerk then enters the Final Judgment into the docket, and the marriage legally ends on the date the judgment is entered. Either spouse may order a certified copy from the clerk for $10 per copy plus $2 per certification, which is what you need for the Social Security Administration, the DMV, and your bank.
If the judge spots a problem, the most common outcomes are a continuance to fix paperwork or a referral to the regular dissolution track. Either spouse can also withdraw consent at any point before the judge signs the Final Judgment, which converts the case into a regular contested divorce.
Mistakes to Avoid When Filling Out the Form
Form 12.902(d) is short, but it is a sworn legal document, and small slips create big delays. Below are the ten most common mistakes that get simplified packets rejected or that cause problems after the divorce is final.
- Signing before seeing the notary. The notarization is void, and the form must be re-signed.
- Using nicknames in Paragraph 1. The clerk rejects the packet for inconsistency with the petition.
- Leaving Paragraph 4 (alimony) blank. The judge reads the silence as ambiguous and can refuse the simplified track.
- Forgetting to list a joint debt. The forgotten debt remains joint with the bank, leaving both spouses exposed.
- Forgetting to list a joint asset. The asset stays jointly owned even after divorce, requiring extra paperwork later.
- Naming a vague item like “the furniture.” The clerk or DMV cannot act on a vague description, so the asset cannot be transferred.
- Filing without a financial affidavit. Form 12.902(d) cannot be approved without Form 12.902(b) or (c) on file.
- Mismatched names between the petition and the agreement. The judge will not sign a Final Judgment when names disagree.
- Skipping the Notice of Social Security Number on Form 12.902(j). Florida requires it for every divorce, and missing it stalls the Final Judgment.
- Filing while the wife is pregnant. Simplified dissolution is not available, and the petition must be refiled on the regular track.
Do’s and Don’ts
Following these short rules keeps Form 12.902(d) on the fast track and out of the rejection pile.
- Do print or type in dark blue or black ink, because clerks scan filings and faint ink does not scan.
- Do confirm the revision date in the bottom-left footer, because judges only accept the current Supreme Court approved version.
- Do list every asset and debt, because anything left off is not covered by the Final Judgment.
- Do sign in front of a notary, because the form requires a sworn jurat to be valid.
- Do keep a stamped copy of every page, because the stamped copy is your proof the agreement is part of the court record.
- Do read Paragraph 7 carefully, because signing it forecloses most later challenges.
- Don’t file before pulling marriage and ID documents, because the names must match exactly.
- Don’t use whiteout or strike-throughs, because clerks treat altered forms as invalid.
- Don’t sign two different copies on different dates, because the notary jurat must match the signature date.
- Don’t assume your county uses the same cover sheet as the next county, because county-specific cover sheets vary.
- Don’t leave blanks, because empty fields read as “not agreed” to a judge.
- Don’t rely on a screenshot of the Final Judgment, because banks and the DMV require a certified copy from the clerk.
Pros and Cons of Filing on Your Own vs. With Help
Florida’s simplified track is designed to be do-it-yourself, but professional help still has a place. Below are the trade-offs.
- Pro of filing on your own: the cost is limited to the filing fee of about $409, which is a fraction of attorney rates.
- Pro of filing on your own: the timeline is fast, often 30 to 60 days from filing to Final Judgment.
- Pro of filing on your own: county self-help centers provide free document review.
- Pro of filing on your own: the form itself is short and uses plain language.
- Pro of filing on your own: both spouses keep control of every term of the settlement.
- Con of filing on your own: mistakes on Paragraph 2 or 3 are easy to make and hard to undo.
- Con of filing on your own: you do not get personalized advice on tax consequences of the property split.
- Con of filing on your own: you may overlook hidden marital assets you did not know existed.
- Con of filing on your own: the waiver of alimony in Paragraph 4 is permanent, and a lawyer would flag the consequences.
- Con of filing on your own: if the judge spots a problem at the hearing, you have no advocate present.
FAQs
Is Form 12.902(d) the same as a regular Marital Settlement Agreement?
No. Form 12.902(d) is the simplified-track agreement under Fla. Fam. L. R. P. 12.105, while regular uncontested cases use the longer Form 12.902(f)(3).
Do both spouses have to sign in front of the same notary?
No. Each spouse can use a different notary, and one spouse may even sign in another state, as long as each signature is properly notarized.
Can I file Form 12.902(d) if my wife is pregnant?
No. Florida bars the simplified track when either spouse is expecting, even if the baby is not the other spouse’s biological child.
Do I need a lawyer to fill out Form 12.902(d)?
No. Florida designed the simplified track for pro se filers, though a lawyer or county self-help center can review the form before signing.
Can I write “all furniture” in Paragraph 2 instead of listing items?
No. Vague descriptions cannot be enforced by banks or the DMV, so list each significant item with a short, specific description.
Do I have to fill in Paragraph 5 if I am not changing my name?
No. Leave it as written or note The Wife (or Husband) elects not to change name; just do not leave the box ambiguous.
Is the filing fee waivable?
Yes. File Form 12.902(a), the Application for Civil Indigent Status, and the clerk decides on the spot whether the fee is waived.
Can we waive the 20-day waiting period?
Yes. Under Fla. Stat. § 61.19, the judge may waive the waiting period for injustice, but waivers are rare and require a written motion.
Do I write my maiden name or married name in Paragraph 1?
Yes, write the name on your current driver’s license, then add the maiden name in parentheses if it appears on the marriage certificate.
Can we list a debt that is in only one spouse’s name?
Yes. Listing it makes the assignment explicit and protects the non-owing spouse if the creditor ever tries to pursue both.
Does Form 12.902(d) cover health insurance after divorce?
No. The form does not address insurance directly, but Paragraph 6 can include a custom term about COBRA election or coverage termination dates.
Can I use an electronic signature on Form 12.902(d)?
Yes, but only through a Florida-authorized Remote Online Notary; typed or scribbled e-signatures without notarization are not accepted.
What happens if my spouse refuses to sign after I sign?
No Final Judgment can be entered, because both signatures are required; the case must be refiled on the regular contested track using Form 12.901(b)(2).
Can I change the agreement after the judge signs the Final Judgment?
No, except by mutual written agreement filed with the court or by motion within strict deadlines under Fla. Fam. L. R. P. 12.540 for fraud or mistake.
Related reading
- How to Fill Out Florida Form 12.902(f)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(c)(1) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.903(d) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(a) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.990(b)(2) (w/Examples) + FAQs
- How to Fill Out Florida Form 12.930(d) (w/Examples) + FAQs