Fill out Form 12.901(b)(2), Petition for Dissolution of Marriage with Instafill.ai
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.
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Form specifications
| Form name: | Form 12.901(b)(2), Petition for Dissolution of Marriage |
| Form issued by: | Florida Supreme Court |
| Number of fields: | 60 |
| Number of pages: | 8 |
| Version: | 02/18 |
| Download form: | https://stinstafill.blob.core.windows.net/static/901b2.pdf |
| Language: | English |
Form 12.901(b)(2), Petition for Dissolution of Marriage free printable template
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Follow these steps to fill out your 901-B2 form online using Instafill.ai:
- 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.
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Frequently Asked Questions About Form Form 12.901(b)(2)
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
You can download a printable version of Form 901-B2
here.
Compliance Form 12.901(b)(2)
Validation Checks by Instafill.ai
1
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.
2
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.
3
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.
4
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.
5
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.
6
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.
7
Ensures that if alimony is sought, it is requested in writing in the original petition.
Confirms that any request for alimony is explicitly stated within the original petition to avoid ambiguity. Validates that the request complies with Florida's legal requirements for alimony petitions. Ensures clarity and transparency in the petitioner's intentions regarding financial support. Checks for the specificity of the alimony request to facilitate fair court deliberations.
8
Confirms the equitable distribution of marital assets and liabilities as per Florida law.
Verifies that the petition outlines a fair and just division of marital assets and debts in accordance with Florida statutes. Ensures that the distribution proposal considers the contributions of each spouse during the marriage. Confirms that the petition addresses all jointly owned properties and obligations. Checks for compliance with legal standards to prevent disputes over asset division.
9
Validates the filing of a Motion for Temporary Support if temporary relief regarding assets, liabilities, or alimony is needed.
Ensures that a Motion for Temporary Support is filed when immediate financial relief is necessary during the dissolution process. Confirms that the motion details the specific temporary support being requested. Verifies that the motion is properly formatted and submitted in accordance with court procedures. Checks for the inclusion of justifications for the temporary relief to support the court's decision-making.
10
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 that any Marital Settlement Agreement is duly signed by both parties to demonstrate mutual consent. Confirms that the agreement is notarized or witnessed by a deputy clerk to validate its authenticity. Verifies that the agreement covers all agreed-upon terms regarding the dissolution of marriage. Checks for the completeness and clarity of the agreement to prevent future legal disputes.
11
Ensures the use of the appropriate Final Judgment of Dissolution of Marriage form based on whether the case is contested or uncontested.
The validation check ensures that the correct version of the Final Judgment of Dissolution of Marriage form is utilized, distinguishing between contested and uncontested cases to maintain legal accuracy. It verifies the selection aligns with the case's nature, preventing potential legal discrepancies. This step is crucial for upholding the integrity of the dissolution process. It also aids in streamlining the judicial review by ensuring the appropriate documentation is presented.
12
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.
This check confirms the protection of petitioners who are victims of specific crimes by ensuring their address remains confidential. It verifies the submission of a Request for Confidential Filing of Address in lieu of disclosing personal information on the form. This safeguard is essential for the petitioner's safety and privacy. It underscores the system's commitment to protecting vulnerable individuals throughout the legal process.
13
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.
The validation ensures transparency and accountability when nonlawyers assist in form completion by requiring the Disclosure from Nonlawyer form. It checks for the inclusion of the nonlawyer's contact information on the form's last page, facilitating necessary communications. This measure protects all parties by clarifying the nonlawyer's role in the process. It also complies with legal standards to prevent unauthorized practice of law.
14
Ensures compliance with the Florida Rules of Judicial Administration regarding electronic filing, noting exceptions for self-represented litigants.
This check verifies adherence to the Florida Rules of Judicial Administration for electronic filing, ensuring the form meets all technical and legal requirements. It acknowledges exceptions for self-represented litigants, accommodating those without legal representation. The validation promotes efficiency and accessibility in the filing process. It also ensures that all submissions are in line with current judicial standards and practices.
15
Validates that the petitioner keeps a copy of the filed form for their records.
The validation confirms that petitioners retain a copy of the filed form for their personal records, emphasizing the importance of documentation. It serves as a reminder of the petitioner's responsibility to maintain their legal documents. This step is vital for future reference and potential legal proceedings. It also fosters a sense of accountability and preparedness among petitioners.
Common Mistakes in Completing Form 12.901(b)(2)
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.
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.
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.
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.
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 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.
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.
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 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.
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.
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.
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.
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.
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.
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