How to Fill Out Florida Form 12.903(c)(1) (w/Examples) + FAQs

You fill out Florida Family Law Form 12.903(c)(1) by responding paragraph-by-paragraph to your spouse’s Petition for Dissolution of Marriage with No Dependent or Minor Children and No Property, admitting or denying each allegation, raising any affirmative defenses, and then optionally filing your own counterpetition for divorce on the same form. The form is the official Answer and Counterpetition approved by the Florida Supreme Court, and you must serve it on your spouse and file it with the clerk within 20 days of being served the petition under Florida Rule of Civil Procedure 1.140 and Florida Family Law Rule 12.140.

Roughly 65,000 divorces are finalized in Florida each year according to data published by the Florida Department of Health, and a missed answer deadline is one of the most common reasons self-represented spouses lose ground in their case. This guide breaks down every line, choice, and consequence so you can file with confidence.

• 📝 How to complete every section of the Florida Supreme Court Approved Form 12.903(c)(1) line by line
• ⚖️ When to admit, deny, or claim you lack knowledge under Fla. Fam. L. R. P. 12.110
• ⏰ The 20-day answer deadline and the default judgment consequence of missing it
• 🛡️ The affirmative defenses you can raise and the counterpetition grounds available under Fla. Stat. § 61.052
• 🚫 The 7+ filing mistakes that delay or derail uncontested-style divorces

What Form 12.903(c)(1) Is and When You Use It

Florida Family Law Form 12.903(c)(1) is the Answer and Counterpetition for Dissolution of Marriage with No Dependent or Minor Children and No Property. The Florida Supreme Court approves and publishes this form through the Florida Courts Family Law Forms library, and clerks in all 67 counties accept it. You use it only when three conditions are all true at the same time. The marriage produced no minor or dependent children together. The couple owns no real or personal property to divide. Your spouse has already filed Petition Form 12.901(b)(3) against you.

The form blends two filings into one document. The first half is your Answer, where you respond to each numbered allegation in the petition. The second half is your Counterpetition, where you ask the court to grant you a divorce and any related relief. You may file just the Answer, or both the Answer and the Counterpetition, depending on what you need from the judge. The choice has real consequences, which the Florida Courts Help Center explains in plain language.

If you and your spouse have children together, own a house, or share a retirement account, this is the wrong form. You instead need Form 12.903(d) for cases with property, dependents, or both. Filing the wrong answer form leads the clerk to reject it, costs you days off your 20-day clock, and can push you into a default. A common misconception is that a paid-off car or a checking account counts as “no property”; in fact, any asset acquired during the marriage is marital property under Fla. Stat. § 61.075, and using 12.903(c)(1) when assets exist invites a later motion to set aside the judgment.

Who Qualifies to File This Specific Form

You qualify only if you are the Respondent — the spouse who was served, not the one who filed first. Florida is a no-fault divorce state under Fla. Stat. § 61.052, which means the only ground you usually need is that the marriage is irretrievably broken. One spouse must have lived in Florida for at least six months before the petition was filed, a residency rule the Second District Court of Appeal has repeatedly enforced. Without proof of residency, the court has no jurisdiction to grant the divorce.

Your filing also must avoid the disqualifiers listed on the face of the form. There are no minor children of the marriage. There is no pending pregnancy. The parties own no marital home, vehicles, retirement plans, or shared debts. If any of these change before final judgment, you must amend or refile under a different form, or the court can dismiss the case on its own motion.

When the 20-Day Clock Starts

The clock begins on the date the process server hands you the petition or the date you sign a waiver. Florida Family Law Rule 12.140 incorporates Fla. R. Civ. P. 1.140, giving you 20 calendar days to answer. The consequence of blowing the deadline is steep: your spouse can ask the clerk for a default under Fla. R. Civ. P. 1.500, and the judge can enter the divorce on your spouse’s terms without you in the room. A real-world example involves Maria, a Tampa respondent who waited 25 days because she was waiting for a friend’s advice; the clerk entered a default, and Maria spent six weeks and $400 in motion fees trying to vacate it.

Step-by-Step Walkthrough of Every Section

The form is divided into a caption block, an Answer section, an optional Counterpetition section, and signature/certificate blocks. The official PDF is hosted at the Florida Courts forms portal, and a fillable version is available through the Florida Courts Help app. Read each line aloud before you check a box. Every choice changes the relief the judge can grant.

The Caption Block

The caption sits at the very top and identifies your case to the clerk. You enter the circuit number (for example, the 13th Judicial Circuit covers Hillsborough County), the county where the petition was filed, the case number the clerk assigned, and the division letter. You then list yourself as Respondent and your spouse as Petitioner, exactly matching the spelling on the petition. A misspelled name or wrong case number sends the filing into the clerk’s “deficient” pile, which the Hillsborough County Clerk reports adds 3–7 business days to the docket.

The consequence of a sloppy caption is more than a delay; it can trigger a notice of deficiency under local administrative orders, and you must cure it before the 20 days run. A common misconception is that the clerk fixes typos for you. The clerk does not — they reject filings as a ministerial duty under Fla. Stat. § 28.215.

The Answer Section — Paragraphs 1 Through 4

Paragraph 1 addresses jurisdiction and residency. You either admit that one spouse has lived in Florida for at least six months or you deny it. Denying when it is true wastes the court’s time and is sanctionable under Fla. R. Civ. P. 1.150. Admitting when it is false strips the court of subject matter jurisdiction, and the entire judgment can later be voided.

Paragraph 2 addresses the marriage facts — the date and place of the wedding. Most respondents admit this paragraph because the marriage certificate is a public record. Denying a marriage that the Florida Bureau of Vital Statistics has on file forces your spouse to subpoena the certificate and bill you the cost.

Paragraph 3 addresses the breakdown of the marriage. You usually admit the marriage is irretrievably broken because, under Fla. Stat. § 61.052, the testimony of one spouse is enough. Denying it triggers a possible 3-month cooling-off period the judge can order, plus mandatory marriage counseling under the same statute.

Paragraph 4 addresses no children, no pregnancy, and no property. You admit each sub-allegation only if it is true. Denying any sub-part forces the court to convert the case to a contested track and likely require Form 12.902(b) financial affidavits.

The Counterpetition Section

If you want the court to grant you the divorce — not just respond to your spouse — you check the box marked “Counterpetition” and complete paragraphs 5 through 8. The counterpetition asks the court for a final judgment dissolving the marriage, restoration of a former last name (if applicable), and any other relief the form lists. Filing a counterpetition costs an additional fee, currently around $295 in most Florida counties according to the Florida Court Clerks & Comptrollers fee schedules.

The strategic value of the counterpetition is significant. If your spouse later voluntarily dismisses the petition, your counterpetition keeps the case alive, and you do not have to refile or pay another full filing fee. James, a Jacksonville respondent, learned this the hard way when his wife dismissed her petition the day before mediation; because James had not filed a counterpetition, he had to start over and pay the $409 filing fee a second time.

A common misconception is that a counterpetition restarts the 20-day clock for the petitioner. It does — your spouse now has 20 days to file an answer to your counterpetition under Fla. Fam. L. R. P. 12.140, and if they miss it, you can move for a default against them.

Signature, Notarization, and Certificate of Service

You sign the form in the presence of a notary or deputy clerk under penalty of perjury per Fla. Stat. § 92.525. False statements expose you to a third-degree felony charge. The Certificate of Service block confirms you mailed or e-served a copy on your spouse or their attorney through the Florida Courts E-Filing Portal. Skipping the certificate is the single most common deficiency the clerks flag.

How to Admit, Deny, or Claim Lack of Knowledge

Florida Family Law Rule 12.110 lets you respond to each allegation in one of three ways. You can admit, which means the fact is true and binds you. You can deny, which puts your spouse to the proof at trial. Or you can state that you are without knowledge, which Florida treats as a denial under Rule 1.110(c).

The choice carries consequences. An admission is conclusive and you cannot withdraw it without leave of court under Fla. R. Civ. P. 1.190. A denial means you may need to testify or produce documents at the final hearing. A “without knowledge” answer for facts that are obviously within your knowledge — like your own wedding date — can be stricken as a sham pleading.

Real Scenarios

Below are three fact patterns showing how the form’s choices ripple into outcomes. The tables compare the choice you make against the consequence the judge applies. Each scenario assumes a respondent in Orange County under the 9th Judicial Circuit.

Respondent’s Choice	Court’s Reaction
Admits all paragraphs and files no counterpetition	Judge can enter final judgment on petitioner’s terms within 20 days of the hearing
Admits residency and marriage but denies the marriage is broken	Court may order counseling and a 3-month delay under § 61.052
Files a counterpetition seeking name restoration	Final judgment includes order restoring the maiden name without separate filing

Filing Behavior	Effect on Timeline
Answer filed on day 19 with no counterpetition	Case proceeds to uncontested final hearing in 30–60 days
Answer filed on day 21 (late)	Petitioner moves for clerk’s default; judgment possible in 10 days
Counterpetition added on day 15	Petitioner gets new 20-day clock; total case length grows by 3–6 weeks

Service Method	Consequence
E-served through the Florida Courts E-Filing Portal	Service deemed complete the day of upload, no postage delay
Mailed via U.S. Postal Service first class	Adds 5 days to every deadline under Rule 1.090(e)
Hand-delivered to spouse’s attorney	Service complete same day, requires signed receipt

Affirmative Defenses You Can Raise

Even in a no-fault state, you may raise affirmative defenses listed in Fla. R. Civ. P. 1.110(d) by attaching them to your Answer. Common defenses in a no-children/no-property case include lack of jurisdiction, improper venue, a prior pending action between the same spouses, and fraud in the inducement of a settlement. You must plead each defense with specificity or the judge can strike it on motion.

The consequence of failing to plead a defense is waiver. If you do not raise improper service in your Answer, you cannot raise it later under Fla. Fam. L. R. P. 12.140(b). A real-world example is Renee, a Miami respondent served at her old address; she did not raise improper service in her Answer, lost the right to challenge it, and was bound by a default judgment.

A common misconception is that you can raise a defense by “mentioning” it informally. You cannot. The defense must appear as a separately numbered paragraph in the Answer, captioned “Affirmative Defenses,” to satisfy the pleading rule recognized in Tropical Exterminators, Inc. v. Murray and similar Florida appellate decisions.

Mental Incapacity Ground

A second statutory ground for divorce in Florida is mental incapacity of one spouse for at least three years, also under Fla. Stat. § 61.052. This ground is rare and requires an adjudication of incapacity under Fla. Stat. ch. 744. If your spouse pleaded this ground, your Answer should state whether you admit the incapacity adjudication exists.

The consequence of admitting it without verifying the underlying guardianship order is enormous: you may concede a fact that triggers different statutory protections. A common misconception is that filing under this ground is faster; in practice, it is slower because of mandatory notice to the incapacitated spouse’s guardian.

Filing Fees, E-Filing, and Service

The filing fee for the Answer alone is usually $0 because the petitioner already paid the case-opening fee. Adding a counterpetition costs about $295 depending on the county. If you cannot pay, you file an Application for Civil Indigent Status under Fla. Stat. § 57.082. The clerk reviews your monthly income and household size; if you earn less than 200% of the federal poverty line, fees are deferred or waived.

You file the Answer through the Florida Courts E-Filing Portal, the statewide system mandated by Florida Rule of Judicial Administration 2.525. Self-represented filers can register for free, upload a PDF, and pay any fees by credit card. The Portal stamps the document with an official receipt, which serves as your proof of timely filing.

Service on the petitioner is governed by Rule 2.516. If your spouse has an attorney, you must e-serve the attorney at the email address on file. If your spouse is pro se and does not have an email designated, you mail a paper copy to their address of record. The certificate of service block on Form 12.903(c)(1) tracks both options.

Mistakes to Avoid

Self-filers stumble on the same issues year after year. The Florida Courts Self-Help Center publishes deficiency reports each year, and the patterns are predictable. Each mistake below carries a specific negative outcome.

• Missing the 20-day deadline. Default judgment entered on petitioner’s terms.
• Filing the wrong form when property exists. Clerk rejects the filing and the case sits idle until you cure it.
• Forgetting to notarize the signature. Clerk treats the Answer as unfiled, and the 20-day clock keeps running.
• Skipping the certificate of service. Judge cannot consider your Answer at the hearing because the petitioner technically was not served.
• Listing the wrong case number. Clerk dockets the Answer in the wrong file or rejects it entirely.
• Denying obvious facts like the wedding date. Judge can strike the denial as a sham under Rule 1.150 and award fees.
• Failing to plead affirmative defenses with specificity. Defenses are waived for the rest of the case.
• Adding allegations about property when checking “no property.” Internal contradiction lets the petitioner seek dismissal.
• Mailing instead of e-serving an attorney. Service is invalid under Rule 2.516 and your filing date does not stick.

Do’s and Don’ts

The Do’s and Don’ts that follow are drawn from published guidance by the Florida Bar Family Law Section and from local administrative orders of the major circuits.

Do’s

• Do read the petition twice before answering, because each numbered paragraph requires a matching numbered response, and mismatches confuse the judge.
• Do file through the E-Filing Portal when possible, because it generates an automatic timestamp that protects your deadline.
• Do attach a counterpetition if you want a name restoration, because raising it later requires a separate motion and fee.
• Do save a stamped copy of every filing, because the Florida Courts records retention schedule keeps electronic records but you may need them at the hearing.
• Do calendar the 20-day deadline the day you are served, because the consequence of a missed day is a default that takes weeks to undo.

Don’ts

• Don’t admit allegations you do not understand, because admissions are binding under Rule 1.190 and hard to withdraw.
• Don’t deny everything as a defensive reflex, because the judge can sanction you for a sham pleading.
• Don’t include children’s names if there are none, because it triggers the wrong procedural track.
• Don’t skip the affidavit of corroborating witness when residency is contested, because the judge cannot grant the divorce without proof of the six-month residency.
• Don’t represent your spouse as having property when the form says none, because internal contradictions invite dismissal.

Pros and Cons of Filing a Counterpetition

A counterpetition is optional, and the choice deserves a separate weighing.

Pros

• Keeps the case alive if your spouse dismisses, because your counterpetition is an independent claim under Rule 1.420(a)(2).
• Lets you ask for name restoration in the same case, because the court has continuing jurisdiction over the marriage.
• Forces your spouse to answer within 20 days, because counterpetitions trigger the same response clock.
• Locks in venue in your preferred county, because once joined, your spouse cannot easily move the case.
• Preserves your right to a final judgment even if the petition is defective, because two pleadings give the court two paths to dissolution.

Cons

• Costs an additional filing fee of about $295, because the clerk treats the counterpetition as a new claim.
• Lengthens the case by 3–6 weeks on average, because the petitioner gets a new answer window.
• Requires its own service, because the counterpetition must be served like an original pleading.
• Can be answered with affirmative defenses against you, because you become a claimant under Rule 1.110.
• Adds a notarization step, because both pleadings on the same form must be sworn.

Named Examples That Bring the Form to Life

Concrete examples make the form’s choices tangible. Aisha, a Gainesville respondent married for 14 months with no property and no children, files her Answer on day 12, admits every paragraph, and skips the counterpetition; she receives her final judgment 38 days later. Diego, a Hialeah respondent whose spouse filed in the wrong county, raises improper venue as an affirmative defense and the case is transferred under Fla. Stat. § 47.122 without losing the case number. Priya, a Sarasota respondent whose husband moves to dismiss after she files a counterpetition, still gets her divorce because her counterpetition keeps the case alive under Rule 1.420.

Each example shows how a single line on Form 12.903(c)(1) shapes the outcome. The lesson is consistent: the form is short, but every checkbox is a small contract with the court.

Florida-Specific Court Rulings to Know

A few appellate decisions guide how the form is applied. The Florida Supreme Court in Canakaris v. Canakaris established the broad equitable discretion judges have in dissolutions, even simple ones. The Second District in Crouch v. Crouch held that residency must be proved by independent evidence beyond a spouse’s testimony. The Third District in Lewis v. Lewis confirmed that a counterpetition survives a voluntary dismissal of the original petition.

These rulings do not change the form’s text, but they affect how a judge reads your Answer. Knowing them helps you decide which paragraphs to admit and where to push back. If your case has any of these wrinkles, consider booking a low-cost consultation with a Florida-licensed family lawyer, which the Florida Bar Lawyer Referral Service offers for $25.

After You File the Answer

Once your Answer is on file, the case moves toward a final hearing. If the case is fully uncontested, the petitioner sets a brief hearing where the judge reviews the pleadings and signs the Final Judgment of Dissolution of Marriage Form 12.990(a). If you filed a counterpetition, the petitioner has 20 days to answer, and the case may go to mediation under Fla. Fam. L. R. P. 12.741.

You do not need to attend mediation if there is truly nothing to mediate, but most circuits require a sworn statement that the parties tried to settle. Skipping that step lets the judge continue your hearing and adds another month. Jamal, a Pensacola respondent, learned this when his hearing was reset twice for missing the mediation certificate.

The final judgment, once entered, is appealable for 30 days under Fla. R. App. P. 9.110. After 30 days, the divorce is final and you can remarry, change your name on official documents through the Florida Department of Highway Safety and Motor Vehicles, and notify the Social Security Administration of any name change.

Special Situations to Watch For

Some respondents face facts that complicate even a “simple” no-children/no-property case. Military spouses stationed abroad have rights under the Servicemembers Civil Relief Act, which can stay the case for 90 days or more. Same-sex spouses married before 2015 in another state may need to address recognition issues, though Obergefell v. Hodges settled most of these. Spouses who married in another country must attach a certified translation of the marriage certificate per Fla. Stat. § 90.606.

Each of these wrinkles is handled in the body of the same Form 12.903(c)(1), but the affirmative defenses or admissions you choose change. Lieutenant Carter, a Navy respondent deployed overseas, used the SCRA to stay his case for the length of his deployment and answered upon return without penalty.

A common misconception is that a Florida court cannot dissolve a foreign marriage. It can, as long as residency is met, because Florida recognizes foreign marriages valid where performed under longstanding common law principles confirmed in Smith v. Anderson.

Frequently Asked Questions

Do I have to file a counterpetition if I want a divorce?

No. If your spouse already filed a petition, the court can grant the divorce based on that pleading alone, but a counterpetition protects you if your spouse later dismisses the case.

Can I file Form 12.903(c)(1) if we have a joint bank account?

No. Any joint asset counts as property; you must use the property version of the form, which is Form 12.903(d).

Is the 20-day deadline counted in business days?

No. Florida uses calendar days under Rule 1.090, with the deadline rolling forward only if it lands on a weekend or court holiday.

Can I admit some paragraphs and deny others?

Yes. Each numbered paragraph in the petition gets its own response, and mixing admissions and denials is normal and expected.

Does denying that the marriage is broken stop the divorce?

No. Florida is no-fault, so one spouse’s testimony that the marriage is irretrievably broken is enough; the judge can order brief counseling but cannot deny the divorce.

Do I need a lawyer to file Form 12.903(c)(1)?

No. Self-represented filers handle this form every day with help from the Florida Courts Help Center, though a one-hour attorney consultation can prevent costly mistakes.

Can I file the Answer by mail?

Yes. Self-represented filers may mail a paper copy to the clerk’s office, but e-filing through the Portal is faster and cheaper.

Will I have to appear in court?

Yes. Florida requires at least one final hearing where the petitioner testifies; respondents do not always need to appear if all paragraphs are admitted.

Can I restore my former name on this form?

Yes. The counterpetition section includes a name-restoration request, and the final judgment will include the new name without an extra filing.

Does filing a counterpetition cost extra?

Yes. Most Florida counties charge approximately $295, and you must pay before the clerk dockets the counterpetition, per the Florida Court Clerks fee schedule.

Can I withdraw my Answer later?

Yes. With leave of court under Rule 1.190, but judges rarely grant it without a strong reason, so draft carefully the first time.

Is mediation required in a no-children/no-property case?

No. Mediation is not always required, but most circuits expect a sworn statement that the parties tried to resolve any disputes before the final hearing under Rule 12.741.