Fill out Form 12.901(b)(3), Petition for Dissolution of Marriage with Instafill.ai
Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property, is a legal document used in Florida to file for divorce when the couple has no minor children, no marital assets or liabilities, and neither spouse is seeking alimony. It is important because it provides a streamlined process for couples meeting these criteria to legally end their marriage.
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Form specifications
| Form name: | Form 12.901(b)(3), Petition for Dissolution of Marriage |
| Form issued by: | Florida Supreme Court |
| Number of fields: | 39 |
| Number of pages: | 7 |
| Version: | 02/18 |
| Download form: | https://stinstafill.blob.core.windows.net/static/901b3.pdf |
| Language: | English |
Form 12.901(b)(3), Petition for Dissolution of Marriage free printable template
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Follow these steps to fill out your 901-B3 form online using Instafill.ai:
- 1 Visit instafill.ai site and select Form 12.901(b)(3).
- 2 Enter personal and marriage details.
- 3 Confirm no minor children or property.
- 4 Specify if seeking name restoration.
- 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)(3)
Form 12.901(b)(3), Petition for Dissolution of Marriage, should be used when a married couple in Florida wishes to legally end their marriage and they have no dependent or minor children or property to divide. It is specifically designed for cases where the dissolution is uncontested and both parties agree to the terms of the divorce.
The requirements for filing a Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property in Florida include: both parties must agree to the divorce, there should be no dependent or minor children involved, the wife is not pregnant, and there is no property to divide. Additionally, both parties must sign the petition under oath, and at least one party must meet the state's residency requirement.
No, you cannot file a Petition for Simplified Dissolution of Marriage if you are seeking spousal support. The simplified dissolution process is designed for couples who agree on all terms of the divorce, including the waiver of any rights to alimony or spousal support. If spousal support is a consideration, you must file a regular Petition for Dissolution of Marriage.
The residency requirement for filing a dissolution of marriage in Florida is that at least one of the spouses must have lived in Florida for at least six months immediately before filing the petition. Proof of residency may be required by the court.
The Petition for Dissolution of Marriage should be filed with the clerk of the circuit court in the county where you or your spouse lives. Both parties must sign the petition under oath in the presence of a notary public or deputy clerk. After filing, the petitioner must serve the other spouse with the petition unless both parties are filing jointly.
There are primarily two methods to notify your spouse about the petition for dissolution of marriage: personal service and constructive service. Personal service involves delivering the petition directly to your spouse, while constructive service is used when personal service is not possible and may involve methods like publication in a newspaper or service by mail, depending on the jurisdiction's rules.
Personal service requires that the petition and other legal documents be delivered directly to your spouse, either by a process server, sheriff, or another authorized individual. Constructive service, on the other hand, is an alternative method used when the spouse cannot be located or is avoiding service. It may include publishing a notice in a newspaper or serving by mail, but it generally requires court approval and may have additional legal requirements.
If your spouse does not respond to the petition within the 20-day timeframe (which may vary by jurisdiction), you may be able to proceed with a default judgment. This means the court may grant the dissolution of marriage based on the terms you've requested in your petition, assuming all legal requirements for service and notification have been met.
In an uncontested dissolution of marriage, both parties agree on all terms, including division of assets, debts, child custody, and support. The steps typically include filing the petition, serving your spouse (if required), submitting a marital settlement agreement to the court, and attending a final hearing where the judge reviews and approves the agreement to issue the final divorce decree.
If your spouse disagrees with the petition, the dissolution of marriage becomes contested. You may need to negotiate terms through mediation or collaborative law, or proceed to litigation where a judge will make decisions on disputed issues. It's advisable to consult with a family law attorney to understand your options and rights in a contested divorce.
You can find more information about the dissolution of marriage process in Florida by visiting the official website of the Florida Courts or by contacting your local county clerk's office. Additionally, the Florida Bar Association offers resources and guidance on family law matters, including dissolution of marriage.
For electronic filing (e-filing) of the petition, you will need to register with the Florida Courts E-Filing Portal. You must have all required documents in PDF format, a valid email address, and a method of payment for any filing fees. Some counties may have additional requirements, so it's advisable to check with your local clerk's office.
Yes, self-represented litigants can file documents electronically in Florida. They must register with the Florida Courts E-Filing Portal and comply with all e-filing requirements, including formatting and submission guidelines. However, some exceptions may apply based on the county or specific case circumstances.
Along with the Petition for Dissolution of Marriage, you must file several documents, including a Family Law Financial Affidavit, a Certificate of Compliance with Mandatory Disclosure, and any other forms required by your local court, such as parenting plans if children are involved. Check with your local clerk's office for a complete list of required documents.
To request to keep your address confidential in the petition, you must file a Motion to Determine Confidentiality of Address along with your Petition for Dissolution of Marriage. You will need to provide a valid reason for the request, such as safety concerns. The court will then decide whether to grant your request based on the provided justification.
A nonlawyer can assist in completing the petition forms by providing general guidance on how to fill out the forms, helping to organize the necessary information, and ensuring that the forms are completed accurately. However, it's important to note that nonlawyers cannot provide legal advice, represent someone in court, or interpret how the law applies to a specific situation.
The Affidavit of Corroborating Witness is a document that may be required in some jurisdictions to verify the residency or other facts presented in the petition for dissolution of marriage. It is typically required when there is a question about the petitioner's residency or the facts of the case, and it must be signed by a witness who can attest to the truthfulness of the petitioner's statements under oath.
The final judgment of dissolution of marriage is obtained after all required forms have been filed, any necessary hearings have been conducted, and the court has reviewed the case. If the court finds that all legal requirements have been met and there are no unresolved issues, it will issue a final judgment dissolving the marriage. The exact process can vary depending on the jurisdiction and whether the dissolution is contested or uncontested.
Making a false statement in the petition for dissolution of marriage can have serious legal consequences, including perjury charges, fines, and the potential dismissal of the petition. It can also affect the court's decisions regarding asset division, alimony, and child custody. It is crucial to ensure that all information provided in the petition is accurate and truthful.
If you cannot afford the filing fee for the petition, you may apply for a fee waiver or deferral. Most courts have forms available for this purpose, where you can request the court to waive or reduce the fees based on your financial situation. You will need to provide information about your income, expenses, and assets to support your request.
You can download a printable version of Form 901-B3
here.
Compliance Form 12.901(b)(3)
Validation Checks by Instafill.ai
1
Verifies that the form is used under the correct conditions: no marital assets or liabilities, no minor or dependent children, no spousal support sought, and neither spouse is pregnant.
Ensures that the petition for dissolution of marriage is applicable only under specific conditions, confirming the absence of marital assets or liabilities. Validates that there are no minor or dependent children involved in the dissolution. Confirms that neither spouse is seeking spousal support as part of the petition. Additionally, checks that neither spouse is pregnant at the time of filing, adhering to the form's requirements.
2
Confirms that at least one spouse has lived in Florida for at least 6 months before filing the petition.
Verifies the residency requirement for filing the petition, ensuring at least one spouse has been a Florida resident for a minimum of six months prior. This check is crucial for establishing the court's jurisdiction over the dissolution of marriage. It confirms the eligibility of the petitioners based on state residency laws. The validation ensures compliance with Florida's legal prerequisites for marriage dissolution.
3
Ensures that the form is typed or printed in black ink and signed before a notary public or deputy clerk.
Confirms that the form is completed in a legible manner, either typed or printed in black ink, to ensure clarity and professionalism. Validates the presence of a signature, which is essential for the document's legality. Checks that the signature is witnessed by a notary public or deputy clerk, adding an additional layer of authentication. This step ensures the document meets the formal requirements for submission.
4
Validates that the original form is filed with the clerk of the circuit court in the county of residence, with a copy kept for personal records.
Ensures the original petition is submitted to the appropriate court clerk in the petitioner's county of residence, adhering to jurisdictional guidelines. Confirms that a personal copy is retained by the petitioner for their records, promoting transparency and personal accountability. This validation check safeguards against procedural errors in the filing process. It also ensures that petitioners are aware of the importance of maintaining personal copies of legal documents.
5
Checks if electronic filing is required or opted for, adhering to the Florida Rules of Judicial Administration.
Verifies compliance with the Florida Rules of Judicial Administration regarding electronic filing options. Determines whether electronic filing is mandated or chosen by the petitioner, ensuring adherence to modern legal procedures. This check facilitates a smoother filing process by aligning with technological advancements in the judicial system. It also ensures that petitioners are informed about their filing options, promoting efficiency and convenience.
6
Verifies proper notification of the spouse, using personal service if the location is known, or constructive service under specific conditions.
Ensures that the petitioner has made every reasonable effort to notify the spouse about the dissolution of marriage petition. Confirms the use of personal service when the spouse's location is known, or constructive service under specific conditions if the location is unknown. Validates that the method of service complies with legal requirements to ensure fairness and due process. Checks that the documentation of service is properly filed with the court to avoid delays in the proceedings.
7
Confirms additional steps are taken if the spouse is in the military.
Verifies that additional legal protections are provided if the spouse is an active military member, in compliance with the Servicemembers Civil Relief Act (SCRA). Ensures that the petitioner has taken steps to ascertain the military status of the spouse. Confirms that the necessary affidavits or documentation regarding military status are filed with the court. Checks that the court proceedings respect the rights and protections afforded to military personnel under federal law.
8
Ensures that appropriate legal procedures are followed based on the spouse's response (default, uncontested, contested).
Validates that the court follows the correct legal procedures depending on whether the spouse's response is default, uncontested, or contested. Confirms that the petitioner has provided all necessary documentation and evidence to support their case. Ensures that the court schedules hearings or trials as required by the nature of the response. Checks that all parties are given fair opportunity to present their case in accordance with Florida family law statutes.
9
Validates the filing of additional required documents: Affidavit of Corroborating Witness or Florida ID photocopy, Notice of Social Security Number, Family Law Financial Affidavit, and Certificate of Compliance with Mandatory Disclosure.
Ensures that all additional required documents are accurately completed and filed with the petition. Confirms the submission of an Affidavit of Corroborating Witness or a photocopy of the petitioner's Florida ID to verify identity. Verifies the inclusion of a Notice of Social Security Number as required by law. Checks that the Family Law Financial Affidavit and Certificate of Compliance with Mandatory Disclosure are properly filed to provide full financial disclosure.
10
Checks for the filing of a Request for Confidential Filing of Address if confidentiality is needed due to being a victim of certain crimes.
Ensures that petitioners who are victims of certain crimes can request confidential filing of their address to protect their safety. Confirms that the request includes the necessary documentation or evidence to support the claim of victim status. Validates that the court processes the request in accordance with privacy protection laws. Checks that the confidential filing does not impede the legal process while safeguarding the petitioner's personal information.
11
Confirms application for a determination of civil indigent status if unable to pay filing fees.
Ensures that the petitioner has applied for civil indigent status when unable to cover the filing fees. Verifies the inclusion of necessary documentation to support the claim of indigency. Confirms that the application is properly filled out and submitted alongside the petition. Checks for any missing information that could delay the processing of the indigent status application.
12
Ensures that a final judgment form is prepared for the hearing, with the heading completed in advance.
Verifies that the final judgment form is ready and properly formatted for the upcoming hearing. Confirms that all required headings on the form are completed beforehand to facilitate a smooth process. Checks for accuracy and completeness of the information provided in the headings. Ensures that the form adheres to the court's specifications and requirements.
13
Verifies that if assisted by a nonlawyer, a Disclosure from Nonlawyer form is provided and their contact information is included on the last page of every form they help complete.
Confirms the presence of a Disclosure from Nonlawyer form when the petitioner is assisted by a nonlawyer. Ensures that the nonlawyer's contact information is accurately provided on the last page of each form they assist with. Checks for the completeness and correctness of the disclosure to comply with legal standards. Verifies that the nonlawyer's involvement is properly documented to avoid any legal discrepancies.
14
Checks that the form is not used when seeking spousal support, needing to inquire about the spouse’s financial matters before trial, or wishing to reserve rights for reconsideration or appeal, suggesting a Petition for Simplified Dissolution of Marriage instead.
Ensures that the form is appropriately used only for cases not involving spousal support or financial inquiries. Verifies that the petitioner is not seeking to reserve rights for reconsideration or appeal, which would require a different form. Confirms the suitability of the form for the petitioner's specific circumstances. Suggests the use of a Petition for Simplified Dissolution of Marriage when the case involves the mentioned exceptions.
Common Mistakes in Completing Form 12.901(b)(3)
Filing for dissolution of marriage requires at least one spouse to have resided in Florida for a minimum of six months prior to filing. Failing to meet this residency requirement can result in the dismissal of the petition. It's crucial to verify residency duration before submission to avoid unnecessary delays. Ensuring all residency documentation is accurate and up-to-date can prevent this issue.
Choosing the incorrect form type, such as not using the Simplified Dissolution of Marriage form when eligible, can complicate the process. This mistake often leads to additional paperwork and potential delays. Applicants should carefully review their eligibility for a simplified dissolution to streamline the process. Consulting with a legal professional or thoroughly reading the form instructions can help avoid this error.
A petition for dissolution of marriage must be signed in the presence of a notary or deputy clerk to be considered valid. Overlooking this step can render the petition void, causing significant setbacks. It's essential to schedule an appointment with a notary or visit the clerk's office to complete this requirement. Double-checking the form for all necessary signatures before submission is a simple yet effective preventive measure.
Failing to properly notify the spouse about the dissolution proceedings can invalidate the petition. The law requires specific methods of notification, such as personal service or publication, depending on the circumstances. Understanding and adhering to the legal requirements for spouse notification is critical. Seeking guidance from the court or a legal advisor can ensure the correct notification method is used.
The dissolution process often requires supplementary documents, such as financial affidavits or parenting plans, depending on the case specifics. Neglecting to file these documents can halt the proceedings. Reviewing the checklist provided by the court or consulting with a legal professional can help identify all necessary paperwork. Preparing and submitting all required documents upfront can facilitate a smoother process.
Filing the petition electronically without adhering to the specific e-filing procedures can lead to delays or rejection of the petition. It's crucial to familiarize oneself with the court's e-filing system requirements before submission. Ensuring all documents are in the correct format and that payment methods are accepted by the system can prevent unnecessary complications. Reviewing the court's guidelines or seeking assistance from a legal professional can help avoid this mistake.
Neglecting to request confidentiality for sensitive information can expose personal details to the public. Parties should carefully review their petition to identify any information that warrants confidentiality. Including a specific request for confidentiality where necessary protects privacy and complies with legal standards. Consulting with an attorney can ensure that all sensitive information is appropriately safeguarded.
Failing to prepare the final judgment form at the time of filing can delay the dissolution process. The final judgment form outlines the terms agreed upon by both parties and is essential for the court's review. Preparing this document in advance facilitates a smoother and quicker resolution. It's advisable to draft the final judgment form with precision and clarity, possibly with legal assistance, to avoid revisions later.
Not disclosing assistance from a nonlawyer in the preparation of the petition can violate court rules and ethical standards. Transparency about who helped prepare the documents is required to maintain the integrity of the legal process. Clearly stating any nonlawyer assistance in the petition ensures compliance with court requirements. This disclosure helps avoid potential penalties or the rejection of the petition.
Overlooking the requirement for an Affidavit of Corroborating Witness can invalidate the petition in jurisdictions where it's mandated. This affidavit serves as evidence that the marriage is irretrievably broken, a key requirement for dissolution. Ensuring that a credible witness completes and signs the affidavit before filing is critical. Checking local court rules or consulting a lawyer can confirm whether this document is necessary for your case.
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Fill out Form 12.901(b)(3) with Instafill.ai
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