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Form 12.901(b)(2), Petition for Dissolution of Marriage, page 1
Moderate · 57/100Form Complexity Index

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What this form asks for

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Form 12.901(b)(2), officially known as the Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), is a legal document used in Florida to initiate the process of dissolving a marriage when the couple has shared assets or debts but no children under 18 or dependent children. It is important because it formally requests the court to end the marriage and address the division of property and spousal support, ensuring legal clarity and fairness in the separation.
Fillable fields60
Pages8
Sections29
Questions that depend on earlier answers16
Form Complexity IndexModerate, 57/100

The AI checks your answers before you download

15 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Verifies that the form is used for dissolution of marriage in Florida, ensuring the couple has no dependent or minor children and neither spouse is pregnant.

Ensures that the form is specifically for dissolution of marriage cases within Florida. Confirms that the couple does not have any dependent or minor children, and that neither spouse is currently pregnant, as these conditions may require different legal forms or procedures. Validates that the petition is appropriate for the couple's situation, preventing unnecessary delays or rejections. This check is crucial for maintaining the integrity and specificity of the legal process.

Confirms that at least one spouse has lived in Florida for at least 6 months before filing the petition.

Verifies that the residency requirement for filing a dissolution of marriage in Florida is met, ensuring at least one spouse has been a resident of the state for the preceding six months. This check is essential for establishing the court's jurisdiction over the case. It prevents the filing of petitions by individuals or couples who do not meet the state's residency requirements, thereby upholding legal standards. The validation ensures that the dissolution process is conducted in the appropriate legal venue.

Ensures the form is typed or printed in black ink and signed before a notary public or deputy clerk.

Confirms that the form adheres to the required formatting standards, being either typed or printed in black ink for clarity and legibility. Validates that the petitioner's signature is properly notarized or witnessed by a deputy clerk, ensuring the authenticity of the document. This step is critical for the form's acceptance by the court, as it verifies the identity of the petitioner and the voluntariness of the petition. It safeguards against fraudulent submissions and ensures the document's legal validity.

Validates that the form is filed with the clerk of the circuit court in the county where the petitioner lives.

Ensures that the petition is filed in the correct jurisdiction, specifically with the clerk of the circuit court in the petitioner's county of residence. This check is vital for the proper handling and processing of the dissolution case, as it directs the petition to the appropriate legal authority. It facilitates efficient case management and ensures that local court procedures and requirements are followed. Filing in the correct venue is a fundamental step in the legal process.

Checks for the proper notification of the spouse, using personal service if their location is known, or constructive service if unknown.

Verifies that the spouse has been properly notified of the dissolution petition, either through personal service when their location is known or constructive service if their whereabouts are unknown. This validation ensures that the legal rights of both parties are respected, including the right to be informed of legal actions affecting the marriage. It upholds the principles of due process and fairness in the dissolution proceedings. Proper notification is a critical step in ensuring that the dissolution process is conducted transparently and justly.

Verifies the inclusion of additional required documents such as an Affidavit of Corroborating Witness, Notice of Social Security Number, Family Law Financial Affidavit, and Certificate of Compliance with Mandatory Disclosure.

Ensures that all necessary supplementary documents are attached to the petition, including the Affidavit of Corroborating Witness to validate the marriage dissolution. Confirms the presence of the Notice of Social Security Number for identification purposes. Verifies the submission of the Family Law Financial Affidavit to disclose financial information. Checks for the Certificate of Compliance with Mandatory Disclosure to ensure all required financial documents have been shared between parties.

And 9 more checks
  • Ensures that if alimony is sought, it is requested in writing in the original petition.
  • Confirms the equitable distribution of marital assets and liabilities as per Florida law.
  • Validates the filing of a Motion for Temporary Support if temporary relief regarding assets, liabilities, or alimony is needed.
  • Checks for the submission of a Marital Settlement Agreement signed by both spouses before a notary public or deputy clerk if an agreement is reached on any issues.
  • Ensures the use of the appropriate Final Judgment of Dissolution of Marriage form based on whether the case is contested or uncontested.
  • Verifies that if the petitioner is a victim of certain crimes, a Request for Confidential Filing of Address is filed instead of entering the address on the form.
  • Confirms that if a nonlawyer assists in completing the form, the Disclosure from Nonlawyer form is provided and the nonlawyer's contact information is included on the last page of every form they help complete.
  • Ensures compliance with the Florida Rules of Judicial Administration regarding electronic filing, noting exceptions for self-represented litigants.
  • Validates that the petitioner keeps a copy of the filed form for their records.

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How to Fill Out Form 12.901(b)(2) Online for Free in 2026

What the AI walks you through.

  1. Visit instafill.ai site and select Form 12.901(b)(2).
  2. Enter marriage and residence details.
  3. List marital assets and liabilities.
  4. Specify spousal support requests.
  5. Sign and date the form electronically.
  6. Check for accuracy and submit form.

Common Mistakes in Completing Form 12.901(b)(2)

The ones the AI is built to catch.

Incorrect filing county
Filing the petition in the wrong county can lead to delays or dismissal of the case. It's crucial to verify the correct county where the petition should be filed, typically where either spouse resides. Consulting the local court's website or contacting the clerk's office can provide clarity. Ensuring the correct filing county is selected from the outset avoids unnecessary complications.
Missing notary public signature
A missing notary public signature can invalidate the petition, as it's required to verify the identities of the parties involved. All signatures on the petition must be notarized to be considered valid. Scheduling an appointment with a notary before submitting the petition can prevent this oversight. Always double-check the document for the notary's seal and signature before filing.
Failure to notify spouse properly
Proper legal notification of the spouse is a critical step in the dissolution process. Failure to serve the petition correctly can result in delays or the case being thrown out. Utilizing certified mail or a professional process service ensures compliance with legal requirements. Understanding the specific notification rules in your jurisdiction is essential for a smooth process.
Not filing additional required documents
Overlooking additional required documents, such as financial affidavits or parenting plans, can halt the proceedings. Each jurisdiction may have unique requirements beyond the basic petition. Reviewing a checklist of necessary documents provided by the court or a legal professional can help avoid this mistake. Completing and submitting all required paperwork upfront facilitates a more efficient dissolution process.
Incorrect or missing alimony request
An incorrect or missing alimony request can affect the financial outcome of the dissolution. Clearly stating the type and amount of alimony sought is necessary for the court's consideration. Consulting with a legal professional to understand the factors that influence alimony decisions is advisable. Accurate and complete information regarding alimony ensures that all financial aspects are properly addressed.
Improper distribution of marital assets
Improper distribution of marital assets can lead to disputes and legal complications post-dissolution. It's crucial to accurately list and divide all marital assets and debts as per state laws. Consulting with a financial advisor or attorney can ensure a fair and legal distribution. Always double-check the asset list for completeness and accuracy before submission.
Missing temporary relief motion if needed
Failing to file a temporary relief motion when necessary can leave one party at a disadvantage during the dissolution process. This motion can address immediate needs such as child support, spousal support, or use of marital property. Assess your situation carefully to determine if temporary relief is required. Legal advice can help in making this decision and in preparing the motion correctly.
No marital settlement agreement filed
Not filing a marital settlement agreement can delay the dissolution process and result in court intervention. This agreement outlines how assets, debts, and other matters are divided between parties. Ensure the agreement is comprehensive and signed by both parties before submission. It's advisable to have the agreement reviewed by legal counsel to avoid future disputes.
Using incorrect final judgment form
Using an incorrect final judgment form can invalidate the dissolution process or cause unnecessary delays. Each jurisdiction may have specific forms required for filing. Verify the correct form with the court or a legal professional before submission. Attention to detail in this step ensures the dissolution proceeds smoothly.
Not keeping a copy for records
Failing to keep a copy of all filed documents can create challenges in future legal matters or disputes. Always make copies of every document submitted to the court, including the petition, agreements, and judgments. Store these copies in a safe and accessible place. This practice aids in personal record-keeping and provides proof of filings if needed.
Failure to meet residency requirement
A critical error is submitting the petition without meeting the state's residency requirements, which can lead to immediate dismissal. Ensure you or your spouse have lived in the state for the mandated period before filing. Verify the specific duration required by your state's laws to avoid this pitfall. Consulting with a legal professional can provide clarity on residency stipulations.
Not using black ink or typed form
Using colors other than black ink or submitting handwritten forms when typed is required can result in rejection. Courts often mandate black ink for legibility and uniformity in records. Always check the form's instructions for submission requirements. Opting for a typed form enhances readability and professionalism, reducing the risk of dismissal on technical grounds.
Missing confidential address request
Overlooking the option to request a confidential address can expose petitioners to potential safety risks, especially in sensitive cases. This request is crucial for individuals seeking protection from an abusive partner. Ensure to complete the necessary sections to keep your address private. Legal aid services can assist in understanding how to properly file for confidentiality.
Nonlawyer assistance without disclosure
Failing to disclose nonlawyer assistance in preparing the petition can violate court rules and ethics guidelines. If someone other than a licensed attorney helps with the form, their contribution must be acknowledged. Transparency about assistance ensures compliance with legal standards. Always review the form's disclosure requirements to maintain integrity in the filing process.

Frequently Asked Questions About Form 12.901(b)(2)

 

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How complex is Form 12.901(b)(2) to fill out?
Form 12.901(b)(2) has a Form Complexity Index of 57 out of 100, in the moderate tier: 60 fillable fields across 8 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
When should Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), be used?
Form 12.901(b)(2) should be used when a married couple seeks to dissolve their marriage in Florida, has property to divide, but does not have any dependent or minor children. This form is specifically designed for cases where the dissolution involves property division without the complications of child custody or support.
What are the residency requirements for filing a Petition for Dissolution of Marriage in Florida?
To file a Petition for Dissolution of Marriage in Florida, at least one of the spouses must have lived in Florida for at least six months before filing the petition. This residency requirement is mandatory for the Florida court to have jurisdiction over the dissolution case.
Can a Petition for Simplified Dissolution of Marriage be filed if there is disagreement about property or debts?
No, a Petition for Simplified Dissolution of Marriage cannot be filed if there is any disagreement about property or debts. The simplified dissolution process is only available when both spouses agree on all terms of the dissolution, including the division of property and debts, and meet other specific criteria.
Is spousal support (alimony) available when filing a Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren)?
Yes, spousal support (alimony) may be available when filing a Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren). The court will consider factors such as the length of the marriage, the standard of living during the marriage, each spouse's financial resources, and their contributions to the marriage when determining alimony.
What are the steps to notify the spouse of the petition for dissolution of marriage?
The spouse must be formally notified of the petition for dissolution of marriage through a process called service of process. This typically involves delivering a copy of the petition and a summons to the spouse, either by a sheriff, a private process server, or through certified mail in some cases. If the spouse cannot be located, the petitioner may need to request permission from the court to serve notice by publication in a newspaper.
What happens if the spouse does not respond to the petition within 20 days?
If the spouse does not respond to the petition within 20 days, the court may proceed with the dissolution of marriage case as a default. This means the court can grant the dissolution based on the petitioning spouse's terms, provided they meet all legal requirements. However, the exact consequences can vary depending on the jurisdiction, so it's advisable to consult with a legal professional.
How does the process differ if the dissolution of marriage is uncontested versus contested?
In an uncontested dissolution of marriage, both spouses agree on all terms, including division of property, alimony, and other relevant issues, making the process quicker and less costly. A contested dissolution occurs when spouses cannot agree on one or more terms, requiring court intervention, which can prolong the process and increase legal fees. The court may need to hold hearings to resolve disputes.
What documents must be filed along with the Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren)?
Along with the Petition for Dissolution of Marriage, you typically need to file a financial affidavit, a marital settlement agreement if terms are agreed upon, and any other forms required by your local court, such as a notice of social security number or a certificate of compliance with mandatory disclosure. Requirements can vary by jurisdiction, so checking with the local court or a legal professional is recommended.
What is the role of mandatory disclosure in the dissolution of marriage process?
Mandatory disclosure requires both spouses to exchange certain financial information and documents, such as income statements, tax returns, and details of assets and liabilities. This ensures transparency and helps in the fair division of property and determination of alimony. Failure to comply can result in legal penalties and affect the outcome of the case.
How is alimony determined in a dissolution of marriage case?
Alimony is determined based on several factors, including the length of the marriage, the standard of living during the marriage, each spouse's financial resources and earning capacity, contributions to the marriage (including homemaking), and the age and health of both parties. Courts aim to ensure fairness, and the specifics can vary significantly by jurisdiction.
What constitutes marital and nonmarital assets and liabilities under Florida law?
Under Florida law, marital assets and liabilities include all assets acquired and liabilities incurred during the marriage, individually or jointly, with certain exceptions such as gifts or inheritances received by one spouse. Nonmarital assets and liabilities are those acquired or incurred prior to the marriage, or those excluded by written agreement or court order.
Can temporary relief be requested during the dissolution of marriage process?
Yes, temporary relief can be requested during the dissolution of marriage process in Florida. This may include temporary alimony, child support, use of marital home, or other necessary support to maintain the status quo until the final judgment is issued.
What is a Marital Settlement Agreement and when is it used?
A Marital Settlement Agreement is a legally binding document that outlines how the parties have agreed to divide their assets and liabilities, address alimony, and handle other relevant issues. It is used when the parties in a dissolution of marriage case reach an agreement without the need for a trial.
What are the final judgment forms available for a dissolution of marriage with property but no dependent or minor child(ren)?
For a dissolution of marriage with property but no dependent or minor child(ren) in Florida, the final judgment forms include the Final Judgment of Dissolution of Marriage with Property but No Dependent or Minor Child(ren). This form addresses the division of assets and liabilities and any other pertinent issues agreed upon or ordered by the court.
How can a self-represented litigant file documents electronically in Florida?
A self-represented litigant can file documents electronically in Florida through the Florida Courts E-Filing Portal. Registration is required, and the litigant must follow the specific procedures and rules for electronic filing as outlined by the Florida Courts System.
What are the requirements for serving documents by electronic mail (e-mail) in family law cases?
In family law cases, serving documents by electronic mail (e-mail) requires the consent of the party to be served. The consent must be in writing and specify the e-mail address to which documents may be sent. Additionally, the serving party must ensure that the e-mail includes a subject line that clearly identifies it as legal service and provides a copy of the document in a format that can be opened and read by the recipient. It's also advisable to follow up with a confirmation of receipt.
What options are available for someone who cannot afford the filing fee for a dissolution of marriage?
Individuals who cannot afford the filing fee for a dissolution of marriage may apply for a waiver of the fee by submitting an Application for Determination of Civil Indigent Status. This application requires detailed financial information to prove the inability to pay. If approved, the court may waive the filing fees, allowing the petitioner to proceed with the dissolution process without financial burden.
How can a victim of domestic violence keep their address confidential during the dissolution process?
Victims of domestic violence can request to keep their address confidential by filing a Request for Confidential Filing of Address Form with the court. This form allows the victim to provide an alternative address, such as a P.O. Box or the address of a domestic violence shelter, for court records. The court will then ensure that the victim's actual address is not disclosed in public records or to the other party, providing an additional layer of safety.
What is the significance of the Affidavit of Corroborating Witness or photocopy of identification in the petition process?
The Affidavit of Corroborating Witness or a photocopy of identification serves as proof of the petitioner's identity and residency, which are required to establish jurisdiction for the dissolution of marriage. The affidavit must be signed by a witness who can verify the petitioner's residency in the state, while a photocopy of a government-issued ID can serve as an alternative if a witness is not available. This documentation is crucial for the court to proceed with the petition.
What should be done if one or both parties are members of the military service?
If one or both parties are members of the military service, the Servicemembers Civil Relief Act (SCRA) provides certain protections, including the possibility of delaying the dissolution proceedings. The military member may request a stay (postponement) of the proceedings if their service affects their ability to participate. It's important to notify the court of the military status and to comply with any additional requirements under the SCRA to ensure the rights of the service member are protected throughout the process.
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marriage dissolution forms: Form 12.901(a), Petition for Simplified Dissolution of Marriage, Form 12.901(b)(1), Petition for Dissolution of Marriage, Form 12.901(b)(3), Petition for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (02/18), Supreme Court of Ohio Uniform Domestic Relations Form 17, Petition for Dissolution of Marriage and Waiver of Service of Summons, Florida Family Law Rules of Procedure Form 12.901(a), Joint Petition for Simplified Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.904(a)(2), Petition for Support and Parenting Plan Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.904(b), Petition for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren)

marriage forms: Form 12.901(a), Petition for Simplified Dissolution of Marriage, Form 12.901(b)(1), Petition for Dissolution of Marriage, Form 12.901(b)(3), Petition for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (02/18), Form FL-107, Petition—Marriage/Domestic Partnership, Form FL-100, Petition—Marriage/Domestic Partnership (Family Law), Diocese of Raleigh Information For Automated Marriage Forms and Application for Dispensations/Permissions, Official Certificate of Marriage, Section 50(1)(b) of the Marriage Act 1961 (Cth), form-nc-120-petition-to-establish-fact-date-and-place-of-marriage, declaration-of-marriage-for-court-proceeding-california-family-law, Form FL-120, Response—Marriage/Domestic Partnership (Family Law), Supreme Court of Ohio Uniform Domestic Relations Form 17, Petition for Dissolution of Marriage and Waiver of Service of Summons

florida court forms: Form 12.995(c), Safety-Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property (02/18), Florida Supreme Court Approved Family Law Form 12.902(d), Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.941(a), Petition for Enforcement of Out-of-State Custody Decree and for Order to Pick Up Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.970(a), Petition for Temporary Custody by Extended Family, Florida Family Law Rules of Procedure Form 12.900(b), Notice of and Consent to Limited Appearance, Florida Family Law Rules of Procedure Form 12.900(d), Termination of Limited Appearance, Florida Family Law Rules of Procedure Form 12.900(e), Acknowledgment of Assistance by Attorney, Florida Family Law Rules of Procedure Form 12.900(a), Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual, Form 12.902(b), Family Law Financial Affidavit (Short Form), Florida Supreme Court Approved Family Law Form 12.902(f)(1), Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.903(c)(1), Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.902(l), Affidavit of Income for Child Support, Florida Supreme Court Approved Family Law Form 12.903(b), Answer to Petition for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.902(i), Affidavit of Corroborating Witness, Florida Supreme Court Approved Family Law Form 12.902(f)(2), Marital Settlement Agreement for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form), Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases

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