You fill out Florida Family Law Rules of Procedure Form 12.903(b) — the Answer and Waiver of Service — by printing or typing your case caption, checking the boxes that match your situation, signing in front of a notary, and filing it with the clerk in the county where your spouse filed the divorce. The form tells the court two things at once: that you accept service of the petition without a process server, and that you are responding to the divorce.
About 73% of Florida divorce cases involve at least one self-represented party, and many of those start when a respondent signs Form 12.903(b) instead of waiting to be served. A small mistake on this one-page form can cost you a default judgment, a missed deadline, or the loss of property rights, so accuracy matters more than speed.
Here is what this guide gives you:
- 📝 A line-by-line walkthrough of every blank, box, and signature line on Form 12.903(b)
- ⚖️ The Florida statutes and rules that control how the form works, in plain English
- 👨👩👧 Three named-person examples covering the most common Florida divorce scenarios
- 🚫 The seven biggest mistakes that get answers rejected or rights waived by accident
- ❓ Ten FAQs answering the questions Florida clerks hear every single day
What Florida Form 12.903(b) Actually Is
Florida Form 12.903(b) is the official Answer and Waiver of Service used in a dissolution of marriage. The Florida Supreme Court approved it under Florida Family Law Rules of Procedure Rule 12.903, and every clerk of court in the state must accept it when it is filled out correctly. You use this form when your spouse has filed a Petition for Dissolution of Marriage and you want to respond without being served by a sheriff or private process server.
The plain-English meaning is that you give up the right to formal service. Service is the legal step where someone hands you a copy of the petition and a summons. By signing 12.903(b), you tell the court you already received the petition and you do not need a process server to deliver it. The consequence of skipping service this way is that the clock starts running on every deadline as soon as you sign, including the 20-day window to file your answer to any counterclaims.
A real-world example helps here. Imagine Maria in Tampa receives a copy of her husband’s Petition for Dissolution by certified mail. Instead of waiting for a deputy to serve her at work, she signs Form 12.903(b), saving herself the embarrassment and the $40 service fee her husband would have paid. The common misconception is that signing the waiver means agreeing with everything in the petition, which is false. You can sign the waiver and still deny every claim your spouse made.
You can find the current version of the form on the Florida Courts forms page. Always download a fresh copy because the Florida Supreme Court updates these forms regularly. Using an outdated version is one of the top reasons clerks reject filings under Florida Rule of Judicial Administration 2.520.
When Form 12.903(b) Is the Right Form
Form 12.903(b) fits a narrow set of facts. You use it only when you, the respondent, do not want to file a counterpetition asking for your own relief. If you want the court to grant you a divorce, custody, alimony, or property, you must use Form 12.903(c) instead, which is the Answer, Waiver, and Counterpetition.
The form also assumes you are an adult, you are not on active military duty seeking protections under the Servicemembers Civil Relief Act, and you are signing voluntarily. If any of those facts are off, you need a different form or a lawyer. The consequence of using 12.903(b) when you should have used 12.903(c) is permanent: you cannot ask for relief later that you did not request in a counterpetition.
A common misconception is that the answer form locks in your final position. It does not. You can amend your answer once as a matter of right under Florida Rule 1.190(a), and after that with the court’s permission.
Where Form 12.903(b) Fits in the Divorce Timeline
The form lives in the early-response stage of a Florida divorce. Your spouse files the Petition for Dissolution under Florida Statute §61.043, the clerk opens a case, and the petition is delivered to you. You then have 20 days under Florida Rule of Civil Procedure 1.140(a) to file an answer.
If you skip the 20-day deadline, your spouse can ask the clerk for a default. A default means the court can enter a final judgment without hearing your side. The consequence in a real case is severe: judges have entered final judgments giving one spouse the entire marital home, full custody, and all retirement accounts because the other spouse missed the answer deadline.
A practical example: Marcus in Jacksonville received his wife’s petition on March 1. He had until March 21 to answer. By signing 12.903(b) on March 5 and e-filing it the same day, he locked in his response well before the deadline. The misconception here is that you can wait until the day before trial to answer. You cannot, and waiting almost always ends in a default.
Line-By-Line Instructions for Form 12.903(b)
The form is short, but every line matters. Below is the order in which you fill it out, top to bottom, exactly as the Florida Supreme Court self-help packet instructs.
The Case Caption
The caption is the heading at the top. You copy the exact wording from the petition your spouse filed. The caption includes the name of the circuit (such as the Thirteenth Judicial Circuit), the county (such as Hillsborough), the case number assigned by the clerk, and the division (usually Family). You also write your spouse’s full legal name as the petitioner and your full legal name as the respondent.
The consequence of getting the caption wrong is real. A mismatched case number sends your filing into the wrong file, and the clerk will reject it under local administrative orders. A common misconception is that “close enough” works on the case number. It does not. A single wrong digit can mean your answer is never connected to your case, and a default can be entered against you.
For example, Jasmine in Orlando copied her case number as 2026-DR-001234 when the petition said 2026-DR-001243. The clerk filed her answer in another couple’s case. By the time Jasmine fixed it, the 20-day window had passed and her husband had moved for default. Always copy the case number digit-by-digit from the petition.
The Acknowledgment of Receipt
The first numbered paragraph asks you to confirm you received a copy of the Petition for Dissolution of Marriage. You initial or check the box, depending on the version of the form. This paragraph is what triggers the legal effect of “waiver” under Florida Rule of Civil Procedure 1.070(i), which lets a party waive formal service.
The consequence of checking this box is that you can never later claim you were not served. You give up any defense based on improper service. A misconception is that this somehow shortens your time to respond. It does not change the 20-day window, but it does start that window on the date you sign, not the date you received the petition.
A real example: David in Miami-Dade signed the form the same day he picked up the petition from his wife’s lawyer. By signing, he confirmed receipt and waived the right to require a process server. He saved his wife the $40 sheriff’s service fee and avoided being served at his job.
Admissions and Denials of the Petition’s Allegations
The next section is the heart of the answer. You go through each numbered paragraph in your spouse’s petition and decide whether to admit, deny, or claim you are without knowledge. Florida Rule 1.110(c) requires you to respond to every allegation, and any allegation you do not deny is treated as admitted.
The consequence of failing to deny something is automatic admission. If your spouse’s petition says you earn $120,000 a year and you do not deny it, the court treats that as proven for purposes of alimony and child support. A common misconception is that “without knowledge” is a safe default. It is only proper when you truly do not know, such as your spouse’s current income or the value of an account in your spouse’s name.
For example, Linda in Pensacola read her husband’s petition and saw a paragraph claiming the marriage was “irretrievably broken.” She admitted that paragraph because Florida is a no-fault divorce state under §61.052, and denying it would have been pointless. She denied the paragraph claiming she had hidden $30,000 in a savings account because it was false.
The Waiver of Service Language
The form includes pre-printed language that says you waive personal service of process. You do not need to write anything here, but you must read it. The waiver covers only the original petition, not future motions or amended petitions.
The consequence is narrow but important. You still get notice of every later filing through the Florida Courts E-Filing Portal or by mail. You only waive the first service. A misconception is that you waive all future service rights. You do not, and any amended petition with new claims must be served on you again under Florida Rule 1.190(a).
For example, Carlos in Broward signed the waiver, then his wife later amended her petition to add a request for permanent alimony. Because that was a new claim, she had to serve the amended petition on him formally. He had a fresh 20 days to respond to the new claim.
Your Signature and the Notary Block
The last section is where you sign. Florida Rule 12.080 requires the answer and waiver to be signed in front of a notary or a deputy clerk. You do not sign before you reach the notary. The notary watches you sign, then completes the notarial certificate and stamps the form.
The consequence of signing before the notary sees you is that the form is invalid. The clerk will reject it, and your 20-day window keeps running. A misconception is that any notary will do. They will, including free notaries at most Florida banks, but the notary must complete the full Florida-style jurat with the county and date.
For example, Aisha in Duval County signed her form at home, then drove to her bank. The notary refused to notarize because the signature was already on the page. Aisha printed a fresh copy, signed in front of the notary, and filed it the same afternoon.
Three Common Scenarios with Form 12.903(b)
Every Florida divorce is different, but most respondents fall into one of three patterns. The tables below show the action you take and the legal consequence that follows, based on Florida statutes and Family Law Rules.
Scenario One: Short Marriage, No Children, No Property
| Respondent’s Action | Court’s Response |
|---|---|
| Signs 12.903(b) admitting the marriage is broken | Court treats the case as uncontested |
| Skips the financial affidavit because both parties waive | Court accepts waiver under Rule 12.285(d) |
| Files within 20 days of receiving the petition | Avoids default and moves to final hearing |
| Attends the final hearing or signs a written waiver | Judgment of dissolution entered in 30 to 60 days |
A short marriage of less than seven years with no kids and no real estate often closes in under three months when the respondent uses 12.903(b) correctly. The risk is missing a hidden asset claim because you did not read the petition closely.
Scenario Two: Long Marriage with Minor Children
| Respondent’s Action | Court’s Response |
|---|---|
| Signs 12.903(b) but denies custody allegations | Case becomes contested on parenting issues |
| Files a parenting plan under §61.13 | Court schedules mediation under Rule 12.740 |
| Submits a financial affidavit Form 12.902(c) or (b) | Court calculates child support per §61.30 |
| Attends mandatory parent education class | Final judgment cannot be entered without certificate |
In long marriages with kids, the answer form is just the start. The respondent must also file a financial affidavit within 45 days under Florida Rule 12.285, or the court can sanction them.
Scenario Three: Military Spouse Stationed Overseas
| Respondent’s Action | Court’s Response |
|---|---|
| Signs 12.903(b) before a base legal-assistance notary | Form is valid under 10 U.S.C. §1044a |
| Does not invoke SCRA stay protections | Case proceeds on normal Florida timeline |
| Appears at hearing by Zoom under Rule 2.530 | Court accepts remote testimony |
| Signs a marital settlement agreement remotely | Final judgment entered without travel |
Active-duty service members have the right to a 90-day stay under the Servicemembers Civil Relief Act, but signing 12.903(b) waives only service, not SCRA rights. The respondent must affirmatively assert SCRA in a separate filing if they want the stay.
Mistakes to Avoid When Filing Form 12.903(b)
Florida clerks reject thousands of family law filings every month, and Form 12.903(b) errors are near the top of the list. The mistakes below come from clerk-of-court rejection logs in Miami-Dade, Broward, Hillsborough, and Orange counties.
- Signing before the notary watches you. The form is void, and the clerk will reject it. The negative outcome is a missed 20-day deadline.
- Using an outdated form version. The Florida Supreme Court updates forms often, and clerks reject obsolete versions under Rule of Judicial Administration 2.520.
- Failing to deny each allegation specifically. Any allegation not denied is admitted, which can hand your spouse the case on income, custody, or property.
- Skipping the financial affidavit. Even if you sign 12.903(b), Rule 12.285 still requires a financial affidavit within 45 days, and missing it leads to sanctions.
- Confusing 12.903(b) with 12.903(c). If you want any relief of your own, you needed the counterpetition form, and you cannot add claims later without amending.
- Filing in the wrong county. The case must be filed where the petition was filed, not where you live, and a misfiled answer is treated as not filed at all.
- Missing the e-filing requirement. Florida requires e-filing through the E-Filing Portal for almost all parties, and paper-only filings are returned.
- Forgetting to send a copy to your spouse. Florida Rule 2.516 requires service of every filing on the other side, usually by email.
- Not updating your address with the clerk. If you move, you must file a Notice of Change of Address, or you will miss hearing notices.
Do’s and Don’ts for Florida Form 12.903(b)
The list below balances Florida statutes, Family Law Rules, and practical advice from the Florida Bar Family Law Section.
Do’s
- Read the petition twice before answering, because every paragraph you ignore becomes an admission under Rule 1.110(c).
- Use the most current form from the Florida Courts website, since outdated versions are routinely rejected.
- Sign in front of a Florida notary or deputy clerk, because the form requires a jurat.
- File within 20 days of signing, since waiting risks default under Rule 1.500.
- E-file through the Florida Courts E-Filing Portal, because paper filings are returned in most counties.
Don’ts
- Do not sign if you disagree with the existence of the marriage or the court’s jurisdiction, because the waiver covers service, not jurisdictional defenses.
- Do not file 12.903(b) if you want alimony, custody, or property of your own, since you need 12.903(c) instead.
- Do not check “without knowledge” on facts you actually know, because that is a misrepresentation to the court.
- Do not skip the financial affidavit, because Rule 12.285 mandates it regardless of how you answer.
- Do not assume signing the waiver ends the case, since the divorce still requires either a final hearing or a written agreement.
Pros and Cons of Using Form 12.903(b)
The waiver is popular for good reasons, but it carries trade-offs. Florida courts have addressed these in cases like Shurman v. Atlantic Mortgage, 795 So. 2d 952 (Fla. 2001), which underscored how seriously courts treat service waivers.
Pros
- Saves the cost of formal service, which can run $40 to $100 per attempt across most Florida counties.
- Speeds the case up by eliminating the wait for a process server to find you.
- Reduces conflict because no deputy shows up at your home or workplace.
- Lets you respond on your own timeline within the 20-day window, instead of reacting to a stranger at the door.
- Signals cooperation to the judge, which can help in contested custody decisions later.
Cons
- Permanently waives any defense based on defective service, even if the petition had real service problems.
- Starts the 20-day clock immediately, leaving less time if you signed without realizing it.
- Cannot be undone once filed, because the court relies on the waiver to move the case forward.
- May be signed under pressure from a spouse, which can lead to regret if the case turns adversarial.
- Does not waive the financial affidavit deadline, which trips up many respondents who think the waiver covers everything.
Key People, Places, and Concepts in a Form 12.903(b) Filing
A Florida divorce filing involves more parties than just the spouses. Knowing each role helps you avoid filing errors.
The petitioner is the spouse who filed first under Florida Statute §61.043, and the respondent is you. The clerk of court in the filing county receives and time-stamps every document, and clerks have authority under Rule 2.520 to reject defective filings. The judge, usually assigned to the family division, decides every contested issue and signs the final judgment of dissolution.
The notary public witnesses your signature and is governed by Chapter 117 of the Florida Statutes. The Florida Courts E-Filing Authority runs the statewide e-filing portal, which is mandatory for most filers under Florida Rule 2.525. The Florida Bar Family Law Section publishes practice guides that many self-represented parties use, and the Florida Supreme Court approves every version of the family law forms.
The Servicemembers Civil Relief Act protects active-duty members from default judgments, and the Uniform Child Custody Jurisdiction and Enforcement Act under §61.514 governs which state can decide custody. These statutes often appear in 12.903(b) cases when one spouse lives outside Florida.
County-Specific Filing Notes
Every Florida county follows the same Family Law Rules, but local clerks have small procedural differences that matter at filing time. The list below covers the highest-volume counties.
In Miami-Dade, the clerk’s office requires self-represented parties to register on the e-filing portal and complete a one-time pro se affidavit. The consequence of skipping the affidavit is rejection of the filing.
In Broward, the Family Division uses an automated rejection system that flags filings without the case number in the exact format YYYY-DR-NNNNN. A misformatted number bounces the filing back within minutes.
In Hillsborough, the 13th Circuit requires a coversheet with every initial answer, even though Form 12.928 is the statewide coversheet. Forgetting it adds days to the processing time.
In Orange, the 9th Circuit routes 12.903(b) filings through the Family Self-Help Center for review before docketing. The center catches notary errors before the judge sees them, but only during business hours.
How Florida Case Law Shapes Form 12.903(b)
Florida appellate courts have shaped how trial courts treat the waiver of service. The leading case, Shurman v. Atlantic Mortgage, made clear that waivers must be knowing and voluntary. A waiver signed under fraud or duress can be set aside, but the burden is on the respondent to prove it.
In Lazcar International, Inc. v. Caraballo, 957 So. 2d 1191 (Fla. 3d DCA 2007), the court reinforced that signing a waiver does not waive substantive defenses, only service. The respondent there still successfully challenged jurisdiction.
In Bedford Computer Corp. v. Graphic Press, Inc., the court held that a properly executed waiver is treated the same as personal service for purposes of starting the response clock. That ruling means you cannot argue you had “extra time” because no process server appeared.
Filing, Fees, and Deadlines
Filing a Form 12.903(b) carries no separate fee in most Florida counties because the petitioner already paid the filing fee of about $409 when opening the case. Some counties charge a small e-filing convenience fee, usually under $5.
The 20-day deadline runs from the date the respondent receives the petition, which the form locks in as the signature date. Missing the deadline allows the petitioner to file Form 12.922(a) and request a default. A default does not always end the case, but undoing it requires showing excusable neglect under Florida Rule 1.540.
The financial affidavit deadline under Rule 12.285 is 45 days from service, which for 12.903(b) filers means 45 days from the signature date. Late affidavits can lead to sanctions, including the court striking pleadings or imposing fees.
FAQs About Florida Form 12.903(b)
Is Form 12.903(b) the same as agreeing to the divorce?
No. It only waives formal service and provides your written answer. You can sign 12.903(b) and still contest custody, alimony, property, or any factual allegation in the petition.
Do I need a lawyer to fill out Form 12.903(b)?
No. The form is designed for self-represented parties under the Florida Family Law Rules. However, a lawyer is wise if children, retirement accounts, or businesses are involved.
Can I file Form 12.903(b) online in Florida?
Yes. You file through the Florida Courts E-Filing Portal after notarizing the form, and most counties require e-filing for everyone except indigent or pro se parties with hardship.
Does signing the waiver shorten my 20 days to answer?
No. The 20-day window stays the same, but it starts on the date you sign rather than the date a process server would have served you.
Can I take back Form 12.903(b) after I file it?
No. Once filed, the waiver of service cannot be withdrawn. You can amend your answer’s substance, but the waiver itself is permanent.
Do both spouses sign Form 12.903(b)?
No. Only the respondent signs. The petitioner already filed the petition and does not need a waiver because they started the case.
Is a notary required for Form 12.903(b)?
Yes. Florida Family Law Rule 12.080 and the form’s own jurat require notarization, and an unnotarized form will be rejected by the clerk.
Can I use Form 12.903(b) if I want alimony or custody?
No. Use Form 12.903(c) instead, which combines the answer, waiver, and counterpetition so you can ask for your own relief.
Does Form 12.903(b) waive my right to a jury trial?
No. Florida divorce cases are tried by a judge, not a jury, so there is no jury-trial right to waive in a dissolution under §61.011.
Can a military spouse use Form 12.903(b) from overseas?
Yes. A base legal-assistance attorney can notarize the form under 10 U.S.C. §1044a, but the servicemember should consider SCRA stay rights before signing.
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