Form 12.901(B)(2) "Petition for Dissolution of Marriage With Property but No Dependent or Minor Child(Ren)" - Florida

What Is Form 12.901(B)(2)?

This is a legal form that was released by the Florida Circuit Court - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on February 1, 2018;
  • The latest edition provided by the Florida Circuit Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 12.901(B)(2) by clicking the link below or browse more documents and templates provided by the Florida Circuit Court.

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.901(b)(2)
PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO
DEPENDENT OR MINOR CHILD(REN)
(02/18)
When should this form be used?
This form may be used when you are filing for a dissolution of marriage, and you and your spouse have
marital assets and/or marital liabilities, but you do not have any minor or dependent children and neither
of you is pregnant. You or your spouse must have lived in Florida for at least 6 months before filing for a
dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you
may want to file a Petition for Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure
Form 12.901(a); however, you cannot file a Petition for a Simplified Dissolution of Marriage if any of the
following are true:
You disagree about property, debts, or other matters and wish to have a judge settle them for
you.
Either you or your spouse is seeking spousal support (alimony).
You would like to ask questions and get documents concerning your spouse’s income, expenses,
assets, debts, or other matters before having a trial or settlement.
You would like to reserve your rights to have any matters reconsidered or appeal the judge’s
decision.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in
the county where you live and keep a copy for your records. Because you are filing the petition in this
proceeding, you may also be referred to as the petitioner and your spouse as the respondent.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
What should I do next?
For your case to proceed, you must properly notify your spouse of the petition. If you know where he or
she lives, you should use personal service. If you absolutely do not know where he or she lives, you may
use constructive service. You may also be able to use constructive service if your spouse resides in another
state or country; however, if constructive service is used, other than granting a divorce, the court may
only grant limited relief which cannot include spousal support (alimony). For more information on
constructive service, see Notice of Action for Dissolution of Marriage (No Child or Financial Support),
Florida Supreme Court Approved Family Law Form 12.913(a)(1), and Affidavit of Diligent Search and
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (02/18)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.901(b)(2)
PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO
DEPENDENT OR MINOR CHILD(REN)
(02/18)
When should this form be used?
This form may be used when you are filing for a dissolution of marriage, and you and your spouse have
marital assets and/or marital liabilities, but you do not have any minor or dependent children and neither
of you is pregnant. You or your spouse must have lived in Florida for at least 6 months before filing for a
dissolution in Florida. If you and your spouse agree on all issues and both can attend the hearing, you
may want to file a Petition for Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure
Form 12.901(a); however, you cannot file a Petition for a Simplified Dissolution of Marriage if any of the
following are true:
You disagree about property, debts, or other matters and wish to have a judge settle them for
you.
Either you or your spouse is seeking spousal support (alimony).
You would like to ask questions and get documents concerning your spouse’s income, expenses,
assets, debts, or other matters before having a trial or settlement.
You would like to reserve your rights to have any matters reconsidered or appeal the judge’s
decision.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in
the county where you live and keep a copy for your records. Because you are filing the petition in this
proceeding, you may also be referred to as the petitioner and your spouse as the respondent.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
What should I do next?
For your case to proceed, you must properly notify your spouse of the petition. If you know where he or
she lives, you should use personal service. If you absolutely do not know where he or she lives, you may
use constructive service. You may also be able to use constructive service if your spouse resides in another
state or country; however, if constructive service is used, other than granting a divorce, the court may
only grant limited relief which cannot include spousal support (alimony). For more information on
constructive service, see Notice of Action for Dissolution of Marriage (No Child or Financial Support),
Florida Supreme Court Approved Family Law Form 12.913(a)(1), and Affidavit of Diligent Search and
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (02/18)
Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). If your spouse is in the military service of
the United States, additional steps for service may be required. See, for example, Memorandum for
Certificate of Military Service, Florida Supreme Court Approved Family Law Form 12.912(a) and Affidavit
of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b). In sum, the law
regarding constructive service and service on an individual in the military service is very complex and you
may wish to consult an attorney regarding these issues.
If personal service is used, your spouse has 20 days to answer after being served with your petition. Your
case will then generally proceed in one of the following three ways:
DEFAULT. If after 20 days, your spouse has not filed an answer, you may file a Motion for Default, Florida
Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all
of the required papers, you may contact the clerk, family law intake staff, or judicial assistant to set a
final hearing. You must notify your spouse of the hearing by using a Notice of Hearing (General), Florida
Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
UNCONTESTED. If your spouse files an answer that agrees with everything in your petition or an answer
and waiver, and you have complied with mandatory disclosure and filed all of the required papers, you
may contact the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify
your spouse of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved
Family Law Form 12.923, or other appropriate notice of hearing form.
CONTESTED. If your spouse files an answer or an answer and counterpetition, which disagrees with or
denies anything in your petition, and you are unable to settle the disputed issues, you should file a Notice
for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with
mandatory disclosure and filed all of the required papers. Some circuits may require the completion of
mediation before a final hearing may be set. You should contact the clerk, family law intake staff, or
judicial assistant for instructions on how to set your case for trial (final hearing). If your spouse files an
answer and counterpetition, you should answer the counterpetition within 20 days using an Answer to
Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see chapter 61, Florida Statutes.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving
pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review
Florida Rule of Judicial Administration 2.516. You may find this rule at
www.flcourts.org
through the link
to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules
of Court in the A-Z Topical Index
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (02/18)
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears. Please
CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court
Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Special notes...
If you do not have the money to pay the filing fee, you may obtain an Application for Determination of
Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to
have filing fees deferred.
If you want to keep your address confidential because you are the victim of sexual battery, aggravated
child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the
address, telephone, and fax information at the bottom of this form. Instead, file a Request for
Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h).
With this form, you must also file the following:
Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(i)
OR photocopy of current Florida driver’s license, Florida identification card, or voter’s
registration card (issue date of copied document must be at least six months before date case is
actually filed with the clerk of the circuit court).
Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor
Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), if you and your
spouse have reached an agreement on any or all of the issues.
Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j).
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
(This must be filed within 45 days of service of the petition on the respondent, if not filed at the
time of the petition.)
Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure
Form 12.932. (This must be filed within 45 days of service of the petition on the respondent, if
not filed at the time of the petition, unless you and your spouse have agreed not to exchange
these documents.)
Alimony. Alimony may be awarded to a spouse if the judge finds that one spouse has an actual need for
it and also finds that the other spouse has the ability to pay. If you want alimony, you must request it in
writing in the original petition. If you do not request alimony in writing before the final hearing, it is
waived (you may not request it later). You may request permanent alimony, bridge-the-gap alimony,
durational alimony, and/or rehabilitative alimony. If alimony is awarded, the judge may order periodic
payments, payments in lump sum, or both.
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (02/18)
Marital/Nonmarital Assets and Liabilities. Florida law requires an equitable distribution of marital assets
and marital liabilities. “Equitable” does not necessarily mean “equal.” Many factors, including alimony
awards, may lead the court to make an unequal (but still equitable) distribution of assets and liabilities.
Nonmarital assets and nonmarital liabilities are those assets and liabilities which the parties agree or the
court determines belong to, or are the responsibility of, only one of the parties. If the parties agree or the
court finds an asset or liability to be nonmarital, the judge will not consider it when distributing marital
assets and liabilities.
Temporary Relief. If you need temporary relief regarding temporary use of assets, temporary
responsibility for liabilities, or temporary alimony, you may file a Motion for Temporary Support with No
Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c). For more
information, see the instructions for that form.
Marital Settlement Agreement. If you and your spouse are able to reach an agreement on any or all of
the issues, you should file a Marital Settlement Agreement for Dissolution of Marriage with Property
But No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2).
Both spouses must sign this agreement before a notary public or deputy clerk. Any issues on which you
are unable to agree will be considered contested and settled by the judge at the final hearing.
Final Judgment Forms. These family law forms contain a Final Judgment of Dissolution of Marriage with
Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form
12.990(c)(2), which the judge may use if your case is contested. If you and your spouse reach an
agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with
Property but No Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family
Law Form 12.990(b)(2). You should check with the clerk, family law intake staff, or judicial assistant to
see if you need to bring a final judgment with you to the hearing. If so, you should type or print the
heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest
blank for the judge to complete at your hearing or trial.
Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps
you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida
Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill
out these forms also must put his or her name, address, and telephone number on the bottom of the
last page of every form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (02/18)
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
In re: The Marriage of:
Division: ________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY
BUT NO DEPENDENT OR MINOR CHILD(REN)
I, {full legal name} ______________________________________________________, the
Petitioner, being sworn, certify that the following statements are true:
1. JURISDICTION/RESIDENCE
_____ Petitioner _____ Respondent _____ Both has (have) lived in Florida for at least 6 months before
the filing of this Petition for Dissolution of Marriage.
2. Petitioner _____ is or _____ is not a member of the military service.
Respondent _____ is or _____ is not a member of the military service.
3. MARRIAGE HISTORY
Date of marriage: {month, day, year} _________________________
Date of separation: {month, day, year} ________________________ {____Indicate if approximate}
Place of marriage: {county, state, country} ____________________________________________
4. THERE ARE NO MINOR (under 18) OR DEPENDENT CHILD(REN) COMMON TO BOTH PARTIES AND
NEITHER SPOUSE IS PREGNANT.
5. A completed Notice of Social Security Number, Florida Supreme Court Approved Family Law Form
12.902(j), is filed with this petition.
6. THIS PETITION FOR DISSOLUTION OF MARRIAGE SHOULD BE GRANTED BECAUSE:
_____ The marriage is irretrievably broken.
OR
_____ One of the parties has been adjudged mentally incapacitated for a period of 3 years before the
filing of this petition. A copy of the Judgment of Incapacity is attached.
Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution of Marriage with Property
but No Dependent or Minor Child(ren) (02/18)