Florida Family Law Form 12.903(c)(2) is the Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren), and you fill it out by writing the case caption, admitting or denying the marriage facts, signing the waiver of service and notice in front of a notary, and filing it with the clerk of court in the county where your spouse filed the petition. You can find the official fillable PDF on the Florida Courts Help form library, and the form itself is approved by the Florida Supreme Court under Florida Family Law Rule 12.900.
This form is short, but it is powerful. By signing it, you give up your right to be formally served, you tell the judge you agree the marriage is over, and you ask the court to mail you the final judgment when the divorce is granted under Florida Statute § 61.052.
According to the Florida Department of Health vital statistics report, Florida processes more than 75,000 dissolutions of marriage each year, and a large share of uncontested cases use Form 12.903(c)(2) to speed the process and skip the cost of a process server.
Here is what you will learn in this guide:
- 📝 How to complete every box, line, and signature block on Form 12.903(c)(2) without missing a step
- ⚖️ The legal rights you waive when you sign, including service of process and the financial affidavit exchange under Rule 12.285
- 🏠 How property, debts, and spousal support are handled when there are no minor children involved
- 🚫 The seven most common mistakes filers make and the exact consequence of each error
- 💬 Real named-person examples, scenario tables, and answers to the top FAQs about filing this form
What Form 12.903(c)(2) Is and Why It Exists
Florida Form 12.903(c)(2) is the Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren). The form lives in Part III of the Florida Family Law Rules of Procedure forms set, and it is one of several “answer” forms that respondents may use depending on the type of divorce filed by the petitioner. The Florida Supreme Court approved this form so that respondents in simple, uncontested divorces with property but no children can respond quickly and cheaply.
The form does three things at once. First, it serves as your formal Answer to the petition for dissolution of marriage filed under Florida Statute § 61.043. Second, it is a Waiver in which you give up your constitutional right to be served by a process server or sheriff. Third, it is a written Request asking the clerk to mail you a copy of the final judgment after the judge signs it.
The plain-English meaning is that you are telling the judge: I got the petition, I read it, I agree the marriage is broken, I do not need to be formally served, and please send me the order when you are done. The consequence of signing without reading is that you may waive defenses, support claims, or property rights you did not know you had under Florida Statute § 61.075. Imagine Maria, a respondent who signed the form without reading paragraph 4 and later learned she had waived her right to challenge how the marital home was divided. A common misconception is that this form is only a “receipt” for the petition, but it is actually a binding pleading that limits your legal options.
When You Should Use This Form
You should use Form 12.903(c)(2) only when every condition is true: you are the respondent, your spouse already filed a regular petition for dissolution of marriage, you have property or debts to divide, and you have no dependent or minor children together. If you have minor children, you must use Form 12.903(d) instead, because that version covers parenting plans and child support.
The consequence of using the wrong sibling form is that the clerk may reject your filing, or worse, the judge may enter a judgment that does not address your children’s rights. David, a respondent in Orlando, used 12.903(c)(2) when his wife actually filed a simplified dissolution petition; the clerk bounced his paperwork and he had to refile using Form 12.903(a), losing two weeks. A common misconception is that any “answer and waiver” form will do, but the Florida Supreme Court designed five different versions for five different fact patterns.
When You Should Not Use This Form
Do not use this form if you disagree with the petition, want to ask for alimony, want to contest the property division, or believe the marriage is salvageable. The plain-English explanation is that this form is a concession document, not a contest document, and signing it tells the court you are not fighting back. The consequence of signing when you actually disagree is that the judge will likely enter the petitioner’s proposed judgment without hearing your side under Florida Family Law Rule 12.140.
If you want to fight, use Form 12.903(b), the Answer and Counterpetition, which lets you raise your own claims. Linda, a respondent in Tampa, signed 12.903(c)(2) thinking it would buy time, then learned she had waived her right to seek alimony under Florida Statute § 61.08. A common misconception is that you can “take back” the waiver later, but Florida courts rarely allow withdrawal absent fraud or duress.
How Form 12.903(c)(2) Fits Into Florida Divorce Procedure
Florida divorce begins when one spouse files a Petition for Dissolution of Marriage under Florida Statute Chapter 61. The petitioner must serve the respondent under Florida Rule of Civil Procedure 1.070 unless the respondent waives service. Form 12.903(c)(2) is the tool that allows that waiver.
Federal law plays a small role here, mostly through the Servicemembers Civil Relief Act, 50 U.S.C. § 3901, which protects active-duty military spouses from default judgments. The plain-English explanation is that if you are on active duty, signing this waiver may not bind you the same way it binds a civilian. The consequence of ignoring the SCRA is that a court can later void the judgment if the servicemember objects within 90 days of leaving active service.
After you file the answer and waiver, the case moves toward either an uncontested final hearing or a settlement. James, a respondent in Jacksonville, filed 12.903(c)(2), then signed a marital settlement agreement two weeks later, and the judge granted the divorce 30 days after that. A common misconception is that filing this form ends the case, but the case is not over until the judge signs the Final Judgment of Dissolution of Marriage.
Step-by-Step: How to Fill Out Form 12.903(c)(2)
The form has eight numbered parts plus signature and notary blocks. Read each line twice before you write anything. Use black ink if filing on paper, or type into the fillable PDF available from Florida Courts Help.
Step 1: The Case Caption
The top of the form requires the judicial circuit, county, case number, and division. Copy these exactly from the petition you received from your spouse. The plain-English explanation is that the caption tells the clerk which file to put your answer into.
The consequence of getting the case number wrong is that the clerk may file your answer in the wrong case or reject it altogether. Robert, a respondent in Miami-Dade, transposed two digits in the case number and his answer sat unfiled for three weeks. A common misconception is that the clerk will fix typos for you, but Florida clerks under Florida Statute § 28.215 are forbidden from giving legal advice or correcting filings.
Step 2: Names of the Parties
Under the caption, write the petitioner’s full legal name on the line marked “Petitioner” and your full legal name on the line marked “Respondent.” Use the same name format your spouse used in the petition. The consequence of using a nickname or maiden name when the petition uses a legal name is that the clerk may reject the answer for inconsistency.
Susan, a respondent in Broward County, signed as “Sue” instead of “Susan” and the clerk required her to refile. A common misconception is that minor name differences do not matter, but Florida courts treat pleadings as formal legal documents.
Step 3: Paragraph 1 — Receipt of Petition
Paragraph 1 states that you received a copy of the Petition for Dissolution of Marriage. By signing, you confirm that you have the petition in hand. The plain-English explanation is that you are telling the court “yes, I got it.”
The consequence of signing without actually having the petition is that you may admit to claims you have not read. Anna, a respondent in Pensacola, signed before reading and later learned her husband had asked the court to award him the only car they owned. A common misconception is that you can sign first and read later, but Florida treats this paragraph as a binding admission.
Step 4: Paragraph 2 — Admission of Jurisdictional Facts
Paragraph 2 admits that the allegations in the petition about residency and the irretrievable breakdown of the marriage are true. Florida requires one spouse to live in Florida for at least six months before filing under Florida Statute § 61.021. The plain-English meaning is that you agree the court has the power to grant the divorce.
The consequence of admitting these facts when they are false is that you may give the court jurisdiction it does not actually have, and a later challenge becomes very difficult. Carlos, a respondent who lived in Georgia, admitted Florida residency on the form and later could not contest a Florida judgment that divided his Georgia property. A common misconception is that residency is automatic if you were married in Florida, but the statute requires actual physical presence for 183 days.
Step 5: Paragraph 3 — Waiver of Service of Process
Paragraph 3 is the waiver of service. You give up the right to be served by a sheriff or process server under Florida Rule of Civil Procedure 1.070. The plain-English explanation is that you save your spouse the cost and embarrassment of formal service.
The consequence is that the 20-day clock to file responsive pleadings is treated as already started. Marcus, a respondent in Tallahassee, did not realize his answer deadline ran from the date he signed the waiver, not from later service, and he missed his window to amend. A common misconception is that waiving service also waives the answer deadline, but the deadline still runs.
Step 6: Paragraph 4 — Property, Debts, and Support
Paragraph 4 typically contains language about property division, debts, and spousal support. Read this paragraph word by word, because the standard form may state that you and your spouse have already divided the property or that you are not seeking spousal support. Florida applies equitable distribution under Florida Statute § 61.075, which presumes a 50/50 split of marital assets.
The consequence of signing this paragraph as printed is that you may waive your right to a court-ordered division and your right to seek alimony under Florida Statute § 61.08. Patricia, a respondent in Fort Lauderdale, signed without realizing she had waived alimony after a 22-year marriage. A common misconception is that the judge will protect you even if you sign away rights, but Florida judges enforce the language you signed.
Step 7: Paragraph 5 — Request for Copy of Final Judgment
Paragraph 5 is the Request for Copy of Final Judgment. You write your mailing address on the line provided so the clerk can mail you the signed final judgment. The plain-English explanation is that without this request, the clerk has no duty to send you a copy.
The consequence of leaving the address blank is that you may not learn the divorce is final until weeks or months later, which can delay remarriage, name changes, or insurance updates. Kevin, a respondent in Sarasota, left the address blank and did not learn his divorce was final for four months, missing a health-insurance enrollment window. A common misconception is that the clerk automatically mails judgments, but Florida law requires a written request under Florida Rule of Judicial Administration 2.516.
Step 8: Signature, Date, and Notary Block
Sign the form only in front of a notary public or deputy clerk. Print your name, address, telephone number, and email on the lines provided. Florida requires notarization under Florida Statute § 117.05.
The consequence of signing before you reach the notary is that the notarization is invalid and the clerk will reject the form. Elena, a respondent in Naples, signed at home and the notary refused to acknowledge her signature, forcing her to print a new copy. A common misconception is that any witness will do, but Florida requires a commissioned notary or deputy clerk.
Filing the Completed Form
After notarization, file the original with the clerk of the circuit court in the county where the petition was filed. You may file in person, by mail, or through the Florida Courts E-Filing Portal. Keep a stamped copy for your records, and mail or email a copy to the petitioner under Florida Rule of Judicial Administration 2.516.
There is generally no filing fee for an answer in Florida divorce cases, but verify with your local clerk through the Florida Court Clerks & Comptrollers directory. The consequence of failing to mail a copy to the petitioner is that the clerk may strike your answer for non-service. Tom, a respondent in Gainesville, filed his answer but never emailed a copy to his wife, and the judge later ordered him to refile with proof of service.
A common misconception is that filing on the e-portal automatically serves the other side, but you must still designate email service. The Florida Bar publishes a self-help guide on e-filing that walks pro se filers through the process.
Three Common Scenarios
The following tables show three of the most common fact patterns and what happens when each respondent files Form 12.903(c)(2).
Scenario A: Short Marriage, Few Assets
| Respondent’s Choice | Court’s Response |
|---|---|
| Files 12.903(c)(2), agrees property already divided | Judge enters final judgment in 30-45 days |
| Leaves address line blank in paragraph 5 | Clerk does not mail the final judgment |
| Signs without notary | Clerk rejects filing under Florida Statute § 117.05 |
| Mails copy to petitioner via certified mail | Service requirement under Rule 2.516 satisfied |
Scenario B: Long Marriage, Marital Home, No Children
| Respondent’s Choice | Court’s Response |
|---|---|
| Signs paragraph 4 waiving spousal support | Court loses authority to award alimony |
| Strikes through paragraph 4 instead | Court treats issue as contested, schedules hearing |
| Files Form 12.903(b) counterpetition instead | Court accepts contested case for trial |
| Requests financial affidavit under Rule 12.285 | Petitioner must produce within 45 days |
Scenario C: Mixed Property and Separate Businesses
| Respondent’s Choice | Court’s Response |
|---|---|
| Admits jurisdictional facts in paragraph 2 | Court confirms 6-month residency met |
| Signs without reading petition exhibits | Court treats unaddressed claims as admitted |
| Files counterpetition listing business as nonmarital | Court applies § 61.075 nonmarital analysis |
| Requests final judgment copy with current address | Clerk mails judgment within 10 days of signing |
Real-World Examples With Named People
Example 1 — Maria in Hillsborough County. Maria received a petition from her husband after a four-year marriage with no children. She wanted a quick, cheap divorce and the couple had already split a car and a savings account. Maria filled out Form 12.903(c)(2), signed before a UPS Store notary, and mailed a copy to her husband. The judge granted the dissolution 38 days later, and Maria received her final judgment by mail because she filled in paragraph 5 correctly.
Example 2 — David in Orange County. David received a petition asking the court to award all furniture and the marital condo to his wife. He felt rushed and signed Form 12.903(c)(2) without reading paragraph 4, which adopted his wife’s proposed division. The judge entered the judgment as written, and David later learned that under Florida Statute § 61.075 he could have demanded an equitable share. His motion to vacate under Florida Rule of Civil Procedure 1.540 was denied because there was no fraud or duress.
Example 3 — Linda in Duval County. Linda was married for 21 years and her husband filed for divorce. Her lawyer advised her not to sign 12.903(c)(2) because she had a strong claim for durational alimony under Florida Statute § 61.08. Instead, Linda filed Form 12.903(b), the Answer and Counterpetition, and ultimately received four years of alimony plus 50% of the marital retirement accounts. Her case shows that the right form depends on the size and length of the marriage.
Mistakes to Avoid
The following mistakes appear most often in pro se Florida divorce files, and each carries a specific consequence under Florida law.
- Signing before reaching the notary, which voids the acknowledgment under Florida Statute § 117.05 and forces a refile.
- Leaving the mailing address in paragraph 5 blank, which means the clerk has no duty to mail the final judgment and you may miss key deadlines.
- Signing paragraph 4 when you actually want alimony, which permanently waives your claim under Florida Statute § 61.08.
- Using 12.903(c)(2) when you have minor children, which creates a defective judgment and forces refiling under Form 12.903(d).
- Failing to email or mail a copy to the petitioner, which violates Rule 2.516 and may cause the clerk to strike your answer.
- Admitting Florida residency when neither spouse meets the 6-month rule under Florida Statute § 61.021, which can void the entire judgment.
- Ignoring the Servicemembers Civil Relief Act when you or your spouse is on active duty, which exposes the judgment to a 90-day reopen window.
- Signing while under emotional duress without legal advice, which rarely supports a later motion to vacate under Rule 1.540.
Do’s and Don’ts
These rules apply to every respondent considering Form 12.903(c)(2) in Florida.
- Do read the entire petition and every exhibit before signing, because each paragraph becomes a binding admission.
- Do confirm you have no minor children with the petitioner, because the wrong form leads to a defective judgment.
- Do sign in front of a Florida-commissioned notary, because Florida Statute § 117.05 requires acknowledgment.
- Do keep a stamped copy of the filed form, because you may need to prove timely filing later.
- Do consult The Florida Bar Lawyer Referral Service for at least a 30-minute consultation if assets exceed $50,000.
- Don’t sign if you intend to seek alimony, because paragraph 4 may waive that right.
- Don’t use this form if you disagree with any allegation, because it functions as an admission.
- Don’t mail the original to the petitioner, because the clerk needs the original wet-ink signature.
- Don’t rely on verbal promises from your spouse, because only the written judgment is enforceable.
- Don’t ignore the answer deadline, because Florida applies a 20-day rule under Rule 12.140.
Pros and Cons of Filing Form 12.903(c)(2)
This decision changes the speed, cost, and finality of your divorce, so weigh both sides.
- Pro: Saves the cost of a process server, typically $40-$100 per attempt under county sheriff fee schedules listed by the Florida Sheriffs Association.
- Pro: Speeds the case to final hearing, often shaving 30-60 days off the timeline.
- Pro: Reduces emotional friction by avoiding formal service at a workplace or home.
- Pro: Allows the clerk to mail you the final judgment automatically once paragraph 5 is filled in.
- Pro: Signals cooperation, which judges often consider favorably in scheduling and rulings.
- Con: Waives valuable procedural rights, including the 20-day re-service window.
- Con: May waive substantive rights such as alimony and equitable distribution claims.
- Con: Hard to undo absent fraud, duress, or mistake under Rule 1.540.
- Con: Pushes the burden onto the respondent to read and understand every petition allegation.
- Con: Not appropriate for cases with significant assets, businesses, or pension benefits.
Comparing Form 12.903(c)(2) to Its Sibling Forms
Florida offers five answer-and-waiver variations. Picking the right one prevents rejection by the clerk.
| Form Number | Use When |
|---|---|
| 12.903(a) | Simplified dissolution, both spouses sign together, no minor children |
| 12.903(b) | You want to contest or counterpetition for property, alimony, or other relief |
| 12.903(c)(1) | No property to divide and no minor children |
| 12.903(c)(2) | Property to divide but no dependent or minor children |
| 12.903(d) | Property and dependent or minor children involved |
The plain-English meaning is that the Florida Supreme Court built a menu of answer forms keyed to two questions: do you have property, and do you have minor children? The consequence of choosing wrong is that the clerk under Florida Statute § 28.215 cannot help you fix it. A common misconception is that any answer form is interchangeable, but the Florida Family Law Rules of Procedure treat each version as form-specific.
Equitable Distribution and Why Paragraph 4 Matters
Florida is an equitable distribution state under Florida Statute § 61.075. The plain-English meaning is that marital assets and debts are presumed to be split 50/50 unless a judge finds a reason to deviate. Marital property includes assets acquired during the marriage, while nonmarital property includes pre-marriage assets, gifts, and inheritances.
The consequence of signing paragraph 4 without listing your nonmarital property is that the court may treat everything as marital and divide it. Patricia, a respondent in Lee County, inherited a beach house during the marriage but failed to flag it on the form, and the court divided it as marital property. A common misconception is that a separate title automatically protects nonmarital assets, but commingling can convert them under the Smith v. Smith line of Florida cases.
The Florida Supreme Court reaffirmed in Smith v. Smith, 971 So. 2d 191 that respondents bear the burden of proving the nonmarital character of property. The court has also held in Mallard v. Mallard, 771 So. 2d 1138 that signed waivers are enforceable absent fraud. Reviewing these rulings before you sign helps you understand what you give up.
Mandatory Disclosure and the Financial Affidavit
Even when filing 12.903(c)(2), Florida Rule 12.285 requires mandatory disclosure, including a financial affidavit, tax returns, and bank statements. The plain-English meaning is that even a cooperative respondent must share basic financial documents within 45 days of filing the answer.
The consequence of skipping mandatory disclosure is that the judge may strike your pleadings, deny relief, or hold you in contempt. James, a respondent in St. Petersburg, ignored the financial affidavit deadline and the judge struck his answer, allowing the petitioner to obtain a default. A common misconception is that the answer-and-waiver waives mandatory disclosure, but only a written stipulation between the parties under Rule 12.285(d) can do that.
The financial affidavit comes in two versions, Form 12.902(b) for incomes under $50,000 and Form 12.902(c) for incomes of $50,000 or more. The Florida Bar publishes a consumer pamphlet on divorce in Florida that walks readers through these requirements.
Recap of Key Florida Court Rulings
Florida appellate courts have shaped how Form 12.903(c)(2) operates. In Macar v. Macar, 803 So. 2d 707, the Florida Supreme Court held that marital settlement agreements are enforceable contracts subject to ordinary contract defenses. In Casto v. Casto, 508 So. 2d 330, the court held that a spouse seeking to set aside a waiver must prove fraud, duress, or overreaching by clear and convincing evidence.
These rulings mean that signing the form is the legal equivalent of signing a contract. The consequence of trying to undo a signed waiver is that you carry a heavy burden of proof and most challenges fail. A common misconception is that pro se filers receive special leniency, but Florida courts apply the same standards to self-represented and represented parties under Kohn v. City of Miami Beach, 611 So. 2d 538.
Frequently Asked Questions
Do I have to pay a filing fee to submit Form 12.903(c)(2)?
No. Florida circuit court clerks generally do not charge a fee for filing an answer to a pending dissolution case, but verify with your county clerk because some counties charge for certified copies of the final judgment.
Can I file Form 12.903(c)(2) electronically?
Yes. You may file through the Florida Courts E-Filing Portal after notarization, but you must upload a scanned PDF of the notarized original and keep the wet-ink copy for your records.
Do I have to appear in court after signing this form?
No. In most uncontested cases, only the petitioner must appear at the final hearing under Florida Family Law Rule 12.440, although the judge may request your appearance for unusual issues.
Can I withdraw my waiver after I sign and file the form?
No. Florida courts rarely allow withdrawal of a signed waiver absent proof of fraud, duress, or mutual mistake under Rule 1.540, and you carry the burden of clear and convincing evidence.
Do I need a notary or can a witness sign instead?
Yes, you absolutely need a Florida-commissioned notary or deputy clerk under Florida Statute § 117.05, and ordinary witnesses cannot substitute for the acknowledgment block on the form.
Can I add my own language to paragraph 4 about property?
Yes. You may strike, initial, or add language to paragraph 4, but any change becomes a contested issue and may push the case toward a hearing rather than a quick uncontested judgment.
Do I waive alimony by signing Form 12.903(c)(2)?
Yes, in most printed versions paragraph 4 contains language that waives spousal support, so if you want alimony you should not use this form and should file Form 12.903(b) instead.
Can I use this form if my spouse and I own a business together?
Yes, but it is risky because business valuation under Florida Statute § 61.075 is complex, and signing the form may waive your right to a formal valuation hearing.
Do I have to provide a financial affidavit even if I sign the waiver?
Yes. Florida Rule 12.285 requires mandatory disclosure within 45 days of the answer, and only a written stipulation between the spouses can waive the financial affidavit requirement.
Can I file Form 12.903(c)(2) if I live outside Florida?
Yes. Out-of-state respondents may file this form as long as the petitioner meets Florida’s 6-month residency requirement under Florida Statute § 61.021, and notarization may occur in your home state.
Do I have to mail a copy to my spouse after filing?
Yes. Florida Rule 2.516 requires service of every filed pleading on the other party, generally by email to the petitioner’s designated service address, and proof of service must be on the filed copy.
Can I change my name on Form 12.903(c)(2)?
No. Form 12.903(c)(2) does not include a name-restoration request, so you must ask for a name change inside the petition or counterpetition, or file Form 12.961 separately.
Related reading
- How to Fill Out Florida Form 12.901(b)(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