How to Fill Out Florida Form 12.902(f)(3) (w/Examples) + FAQs

Florida Family Law Rules of Procedure Form 12.902(f)(3) is the Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), and you fill it out by working through every numbered paragraph together with your spouse, attaching a Parenting Plan, a Child Support Guidelines Worksheet, and your Financial Affidavits. You sign it in front of a notary, file it with the clerk in the county where either of you lives, and the judge incorporates it into the Final Judgment of Dissolution of Marriage.

This form turns a private agreement into an enforceable court order under Florida Statute § 61.052. According to the Florida Department of Health Vital Statistics, Florida records roughly 70,000 dissolutions per year, and the Florida Courts Self-Help Center reports that more than 60% of divorce filers begin without a lawyer.

Here is what you will learn:

• 📝 How to complete every paragraph of Form 12.902(f)(3) line by line
• 👨‍👩‍👧 How to align the agreement with your Parenting Plan and timesharing schedule
• 💰 How to calculate child support and equitable distribution accurately
• ⚖️ How Florida judges review, accept, or reject settlement agreements
• 🚫 How to avoid the seven most expensive mistakes self-represented filers make

What Form 12.902(f)(3) Actually Is

Form 12.902(f)(3) is the official template the Florida Supreme Court approved for divorcing parents who reach a complete out-of-court agreement. It lives in the Family Law Forms library and is updated periodically, so always download the current version before signing.

The form covers four big buckets of decisions. It splits property and debts under § 61.075, it sets alimony under § 61.08, it confirms parental responsibility under § 61.13, and it locks in child support using the guidelines in § 61.30.

A plain-English explanation helps here. The form is a contract between spouses that becomes a court order once the judge signs the Final Judgment.

The consequence of skipping any required section is real. The judge can refuse to enter the Final Judgment, send you back to redraft, or set the case for a contested hearing.

A real-world example shows the stakes. Maria and David in Jacksonville left the alimony paragraph blank because they “agreed verbally,” and the judge rejected the agreement and forced them to refile with the paragraph completed.

A common misconception is that the form is just a worksheet. It is a binding legal contract, and Florida courts enforce it like any other contract under Casto v. Casto, 508 So. 2d 330 (Fla. 1987).

Why It Differs From 12.902(f)(1) and 12.902(f)(2)

The Florida Family Law forms include three settlement agreement templates, and choosing the wrong one delays your case. Form 12.902(f)(1) covers couples without minor or dependent children. Form 12.902(f)(2) is the simplified dissolution version for couples with no kids and no contested issues.

Form 12.902(f)(3) is the only one that builds in custody, timesharing, and child support paragraphs. If you have any child under 18 or a dependent adult child as defined in § 743.07, you must use the (f)(3) version.

The consequence of using the wrong form is automatic rejection at the clerk’s window or by the judge’s judicial assistant. You then refile, repay nothing in filing fees but lose weeks of waiting time, and your divorce timeline resets.

Before You Start: Documents You Need

Gather every document before you open the form. Trying to fill it out from memory creates errors that the judge will catch during the final hearing.

You need both spouses’ completed Family Law Financial Affidavit (Form 12.902(b) for income under $50,000 or 12.902(c) for income at or above $50,000). You need a signed Parenting Plan (Form 12.995(a)) or one of the safety-focused versions (12.995(b) or 12.995(c)). You need a completed Child Support Guidelines Worksheet (Form 12.902(e)).

You also need recent tax returns, three months of pay stubs, mortgage and deed documents, vehicle titles, retirement statements, credit card statements, and a list of personal property worth more than $100 per item. The Florida Bar consumer pamphlet on divorce recommends bringing two copies of every document to the courthouse on hearing day.

A common misconception is that you can “estimate” income. Florida judges compare your affidavit numbers to actual pay stubs and tax returns, and discrepancies trigger a § 61.30(2)(b) imputation hearing.

Step-by-Step: Filling Out Each Paragraph

The form has roughly 18 numbered paragraphs plus signature blocks. Work through them in order, and never skip a paragraph because every one must be either completed or marked “not applicable.”

Caption and Case Information

The top of the form lists the circuit court, county, division, and case number. Use the same caption as your Petition for Dissolution of Marriage (Form 12.901(b)(1)) so the clerk can match the documents.

The plain-English version is simple. Copy the petition heading word for word into the agreement.

The consequence of a mismatched caption is a clerk rejection or a docketing error that delays the final hearing. A real example involves Carlos and Ana in Hillsborough County, who used “Circuit Civil” instead of “Family Division” and waited four extra weeks for the case to be reassigned.

A common misconception is that the case number is optional on the agreement. The clerk requires it on every filing under Florida Rule of General Practice and Judicial Administration 2.520.

Paragraph 1: Marital Assets and Liabilities

Paragraph 1 forces you to list and divide every asset and debt. You must identify the home, vehicles, bank accounts, retirement accounts, business interests, and debts, and you must say which spouse keeps each one.

The plain-English version is that you decide who gets what, and the judge confirms the split is “equitable” under § 61.075. Florida law presumes a 50/50 split, but you can agree to anything reasonable.

The consequence of leaving an asset off is severe. Under Macar v. Macar, 803 So. 2d 707 (Fla. 2001), an undisclosed asset can be reopened years later, and the hiding spouse can lose the entire asset.

A real-world example: Jennifer in Orlando forgot to list a $14,000 401(k) loan. The judge added it back into the marital pot at the final hearing, and she had to redraft the agreement.

A common misconception is that “separate” property automatically stays separate. Commingling funds, refinancing in joint names, or using marital income to pay a mortgage can convert separate property into marital property under Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010).

Paragraph 2: Spousal Support (Alimony)

Paragraph 2 is where you check the box for the type of alimony, if any. After the 2023 alimony reform (SB 1416), Florida recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony, but no longer permanent alimony for new cases.

The plain-English version: pick a type, set the amount, and set the duration. If neither spouse pays alimony, check the “neither party shall pay” box.

The consequence of a vague alimony clause is later litigation. If you write “reasonable support” without a dollar amount, the court cannot enforce it, and you must file a Supplemental Petition under § 61.14.

A real example involves Robert and Lisa in Tampa. They wrote “$1,500/month for as long as needed,” and the judge required them to redraft to specify “$1,500 per month for 36 months as durational alimony.”

A common misconception is that alimony is always tax-deductible. Under the Tax Cuts and Jobs Act of 2017, alimony in divorces finalized after January 1, 2019, is neither deductible to the payor nor taxable to the payee.

Paragraph 3: Parental Responsibility

Paragraph 3 declares whether parents share decision-making. Florida starts with shared parental responsibility under § 61.13(2)(c)2, unless shared responsibility would harm the child.

The plain-English version: shared means both parents weigh in on big decisions like school, religion, and non-emergency healthcare. Sole means one parent decides alone.

The consequence of choosing sole responsibility without evidence of harm is a judge rejection. The court must find a danger such as documented domestic violence under § 741.30 before approving sole responsibility.

A real example: Sandra in Miami requested sole responsibility because the father lived in another state. The judge denied it because distance alone is not a statutory ground.

A common misconception is that “primary custody” still exists in Florida. The state replaced “primary residential parent” with “majority timesharing” in 2008.

Paragraph 4: Time-Sharing Schedule

Paragraph 4 incorporates the Parenting Plan by reference. The Parenting Plan itself, Form 12.995(a), holds the daily, weekend, holiday, and summer schedule.

The plain-English version: write down which parent has the children on which day, including school nights, weekends, holidays, birthdays, spring break, and summer.

The consequence of a vague schedule is constant police calls and contempt motions. Sheriffs in Broward and Orange counties report that ambiguous timesharing is a top reason for civil standby calls.

A 2023 amendment to § 61.13(2)(c)1 created a rebuttable presumption of equal timesharing. A real example: Tom and Rachel in St. Petersburg agreed to a 2-2-3 schedule, listed every holiday rotation, and the judge approved the plan in 12 minutes.

A common misconception is that you can “split holidays evenly” without writing it out. The judge requires a year-by-year table that shows who has Thanksgiving, Christmas Eve, Christmas Day, and New Year’s in odd and even years.

Paragraph 5: Child Support

Paragraph 5 attaches the Child Support Guidelines Worksheet and states the monthly amount. The number must follow the § 61.30 guidelines, and any deviation greater than 5% requires written findings.

The plain-English version: plug both incomes, daycare, and health insurance into the worksheet, and the formula spits out a monthly number.

The consequence of underreporting income is an automatic guideline recalculation and a possible perjury referral. Under § 61.30(2)(b), the court can impute income based on earning capacity.

A real example: Marcus in Fort Lauderdale agreed to $0 child support because he was “unemployed.” The judge imputed minimum-wage income, recalculated support at $432 per month, and rejected the original agreement.

A common misconception is that 50/50 timesharing eliminates child support. Florida still applies the gross-income disparity formula, so the higher-earning parent usually pays something even with equal timesharing.

Paragraph 6: Health and Dental Insurance

Paragraph 6 names the parent who must carry health, dental, and vision insurance for the children. It also splits uncovered medical costs by percentage, usually proportional to income.

The plain-English version: one parent pays the premium, both parents split co-pays and deductibles based on their income share.

The consequence of leaving this blank is that neither parent has a clear duty, and unpaid medical bills go to collections. Under § 61.13(1)(b), the judge will not finalize without a health insurance order.

Paragraph 7: Tax Dependency Exemptions

Paragraph 7 says which parent claims the children on federal taxes. The IRS default under IRC § 152 is the parent with majority overnights, but parents can swap or alternate years using IRS Form 8332.

The plain-English version: write the year and the parent. For example, “Father claims Child A every year; Mother claims Child B every year.”

The consequence of both parents claiming the same child is an IRS audit and the loss of the Child Tax Credit of up to $2,000 per child for 2026.

Paragraph 8: Life Insurance

Paragraph 8 secures support obligations with life insurance. The paying parent typically maintains a term policy with the child as beneficiary equal to the unpaid future support.

The plain-English version: if the payor dies, the policy pays the remaining child support directly to the children or to the surviving parent as trustee.

A common misconception is that life insurance is optional. Most circuit judges require it under § 61.13(1)(c) when the obligation extends past one year.

Paragraph 9 through 18: The Remaining Provisions

The remaining paragraphs cover the marital home, vehicles, bank accounts, retirement accounts (often requiring a Qualified Domestic Relations Order), debts, name change, attorneys’ fees, mediation clauses for future disputes, and the relocation rules under § 61.13001.

The plain-English version: the rest of the form converts every other shared item into a clear, written transfer plan with deadlines.

The consequence of skipping the relocation paragraph is that either parent can move 50 miles or more without notice. Florida requires written consent or a court order before any such move, and a violation can shift timesharing.

Three Common Filing Scenarios

These three scenario tables show how the form plays out in real Florida cases. Each scenario follows the same fact pattern most clerks see across the 20 judicial circuits.

Scenario A: Equal Timesharing With Modest Income

Filing Decision	Court Outcome
Parents earn $55,000 and $52,000, agree to 50/50 timesharing, agree to $0 alimony, attach guidelines worksheet showing $148/month from higher earner	Judge approves agreement at uncontested final hearing in 15 minutes
Parents leave child support blank, claim 50/50 cancels it out	Judge rejects, orders new worksheet, hearing reset for 6 weeks later
Parents agree to majority timesharing with mother and supervised visits with father, no domestic violence injunction	Judge sets evidentiary hearing on best interests under § 61.13(3)

Scenario B: One Spouse Stays Home

Filing Decision	Court Outcome
Working spouse earns $120,000, stay-home parent earns $0, parties agree to $2,200/month durational alimony for 5 years and $1,650/month child support for two children	Judge approves; alimony fits 50% rule of SB 1416 for marriage of 12 years
Parties write “alimony as needed” with no number	Judge rejects clause as unenforceable, refers parties to Florida Court Help
Parties skip life insurance paragraph	Judge requires $250,000 term policy on payor before signing Final Judgment

Scenario C: Out-of-State Relocation

Filing Decision	Court Outcome
Mother in Tallahassee plans to move to Atlanta with children, father consents in writing inside the agreement, agreement attaches new long-distance timesharing schedule	Judge approves under § 61.13001(2)(d)
Mother moves first, then asks father to sign agreement after the fact	Father can file emergency pickup order; mother faces contempt and possible loss of timesharing
Parents include relocation clause but no specific new address or schedule	Judge requires amended agreement listing the city and the revised schedule before signing

Three Named-Person Examples

These mini-scenarios show how real Florida filers complete the form correctly. Each one ties to a specific paragraph of 12.902(f)(3).

Example 1: Daniela Ruiz in Miami-Dade. Daniela earns $48,000 as a teacher and her husband earns $72,000 as a contractor. They have one child, age 7, and they agreed on a 2-2-5-5 timesharing schedule. Daniela completed Paragraph 5 with a $612/month child support figure that matched the Florida Department of Revenue child support calculator, and the judge approved the agreement in 11 minutes.

Example 2: Brandon Whitaker in Duval County. Brandon and his wife own a $340,000 home with $190,000 in equity. They agreed Brandon would refinance into his name within 90 days and pay his wife $95,000 for her share. Paragraph 1 listed the deadline, the dollar amount, and the quitclaim deed requirement, so the judge enforced the timeline as a court order.

Example 3: Aisha Patel in Orange County. Aisha is the higher earner at $135,000 and she agreed to pay her husband $1,800/month durational alimony for 4 years. They had been married for 9 years, so the SB 1416 reform capped duration at 60% of marriage length, or 5.4 years. Aisha’s 4-year term fit comfortably inside the cap, and the judge signed the Final Judgment without questions.

Mistakes to Avoid

Self-represented filers make the same errors over and over. The Ninth Judicial Circuit Self-Help Center reports that nearly half of (f)(3) filings are returned for one of the issues below.

• Forgetting to attach the Parenting Plan, which voids the timesharing paragraph and forces a refile.
• Writing “TBD” or “to be determined” for child support, which violates § 61.13(1)(a) and triggers an automatic rejection.
• Failing to identify retirement accounts, which prevents the QDRO and locks pension funds for years.
• Skipping the notary block, which makes the entire agreement unenforceable as a sworn document.
• Listing personal property as “miscellaneous household goods” without dollar amounts, which invites later disputes about specific items.
• Writing alimony as “permanent,” which conflicts with post-2023 statutory law and forces a redraft.
• Ignoring the § 61.181 requirement that child support flow through the State Disbursement Unit, which delays payment processing.
• Using an outdated form version downloaded from a third-party site, which the clerk rejects on sight.
• Failing to include income deduction order language under § 61.1301, which delays wage garnishment.

Do’s and Don’ts

These rules apply to every Florida (f)(3) filer, no matter the county or circuit.

• Do download the form fresh from flcourts.gov the day you fill it out, because revisions happen often.
• Do sign in front of a Florida-commissioned notary as required by § 117.05, so the document is admissible at the final hearing.
• Do use exact dollar amounts, exact dates, and exact percentages, because vague terms are unenforceable.
• Do attach the Child Support Guidelines Worksheet and both Financial Affidavits, because the clerk rejects packets that arrive incomplete.
• Do keep three certified copies after the judge signs, because banks, employers, and schools each demand a copy.
• Don’t sign under pressure, because Florida courts can vacate agreements signed under duress under Casto v. Casto.
• Don’t hide assets, because the consequence under Macar v. Macar is forfeiture of the hidden asset.
• Don’t waive child support, because the right belongs to the child and the parent cannot give it up.
• Don’t file before completing the mandatory parenting course under § 61.21, because the judge cannot finalize without the certificate.
• Don’t forget the income deduction order, because the Florida State Disbursement Unit needs it before processing payments.

Pros and Cons of Using Form 12.902(f)(3)

A settlement agreement is faster and cheaper than litigation, but it has trade-offs.

• Pro: Cuts divorce time from 9-18 months down to 6-10 weeks in most counties.
• Pro: Reduces total cost from $20,000+ in contested cases to under $1,000 in many uncontested filings.
• Pro: Keeps private financial details out of an open-court trial under Rule 12.407.
• Pro: Allows creative solutions a judge would not order, such as keeping a vacation home jointly for five more years.
• Pro: Preserves co-parenting goodwill because both parents shape the outcome instead of fighting over it.
• Con: A signed agreement is hard to undo, even if you later realize you gave up too much.
• Con: Mistakes in the form bind you for years, especially on retirement and tax issues.
• Con: No automatic discovery, so a hidden asset may stay hidden until much later.
• Con: Self-represented filers miss enforcement language, leaving the agreement difficult to enforce.
• Con: Future modifications still require court approval under § 61.14, so you do not escape the courthouse forever.

How Filing and the Final Hearing Work

Once you finish the form, file it with the clerk in the county where either spouse lives. The filing fee is around $409 in most circuits, and you can request a civil indigent status waiver using Form 12.902(k) if you qualify.

The clerk dockets the agreement, the judge schedules a final hearing 20-30 minutes long, and at the hearing the judge confirms identity, voluntariness, and statutory minimums. If the judge approves, the Final Judgment of Dissolution of Marriage (Form 12.990(c)(3)) is signed that day or within a week.

The plain-English version: you walk in married, you walk out divorced, and the agreement becomes a court order on signing.

The consequence of missing the final hearing is dismissal of the case under Florida Rule of Civil Procedure 1.420. A real example: William in Pinellas County missed his hearing because he confused the time zone. The judge dismissed the case, and William paid the $409 filing fee a second time.

A common misconception is that the divorce is final the day you sign the agreement. It is final only when the judge signs the Final Judgment.

Key Court Rulings to Know

Three Florida Supreme Court rulings shape how (f)(3) agreements survive challenges. Knowing them helps you draft language that holds up.

In Casto v. Casto, 508 So. 2d 330 (Fla. 1987), the court held a settlement agreement can be set aside only for fraud, duress, deceit, coercion, or overreaching. Voluntary signing in front of a notary defeats most later challenges.

In Macar v. Macar, 803 So. 2d 707 (Fla. 2001), the court allowed reopening a final judgment when one spouse hides assets. Full disclosure on Paragraph 1 protects the better-informed spouse.

In Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), the court ruled passive appreciation of a non-marital home, when paid down with marital funds, becomes partly marital property. Identify each home’s source of funds clearly in Paragraph 1.

Key Entities and Their Roles

Several institutions and people shape every (f)(3) case. Knowing each one helps you find the right phone number when something goes wrong.

The clerk of court in your county dockets the agreement and issues certified copies. The circuit court judge reviews the agreement and signs the Final Judgment. The Florida Department of Revenue Child Support Program tracks payments and enforces orders. The State Disbursement Unit processes the actual money. The Florida Bar Lawyer Referral Service connects you to a family lawyer for hourly advice if needed.

A common misconception is that judges draft custom language for self-represented parties. Judges may suggest fixes, but they do not write your agreement.

FAQs

Can I use Form 12.902(f)(3) if my spouse is in another state?

Yes. Florida’s § 61.021 only requires one spouse to live in Florida for six months before filing, and the out-of-state spouse can sign and notarize remotely.

Do I need a lawyer to sign Form 12.902(f)(3)?

No. Florida allows self-representation in family court, but the Florida Bar recommends at least a one-time consultation for asset division and retirement issues.

Can we waive child support in the agreement?

No. Child support belongs to the child under § 61.30, and parents cannot waive it, although deviations with written justification are sometimes allowed.

Is the agreement final once we both sign?

No. The agreement only becomes binding after the judge signs the Final Judgment of Dissolution at the uncontested hearing.

Can we change the agreement later?

Yes, but only timesharing, child support, and alimony can be modified, and only on a substantial change in circumstances under § 61.14.

Does the form require notarization?

Yes. Both spouses must sign in front of a Florida notary or other authorized officer under § 117.05.

Will my agreement become public record?

Yes. Florida court files are public, but sensitive financial details can be redacted under Rule 2.420.

Do we still need to take the parenting class?

Yes. All divorcing parents must complete a state-approved parenting course under § 61.21 before the judge signs the Final Judgment.

Can the judge reject our agreement?

Yes. Judges reject agreements that violate child support guidelines, lack clarity, or seem unconscionable under Casto v. Casto.

Do we have to use the State Disbursement Unit for child support?

Yes. Under § 61.181, child support must run through the SDU unless both parties opt out in writing and the judge approves.

Can same-sex couples use Form 12.902(f)(3)?

Yes. After Obergefell v. Hodges, 576 U.S. 644 (2015), Florida applies the same dissolution forms and rules to all married couples.

Is there a simplified version for couples with children?

No. The simplified dissolution under 12.902(f)(2) is only for couples without minor or dependent children, so families with kids must use 12.902(f)(3).