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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), page 1
Moderate · 47/100Form Complexity Index

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Florida Supreme Court Approved Family Law Form 12.901(b)(3) is the official petition used to open a Florida divorce case when the spouses have no minor/dependent children, no marital assets or liabilities, and no request for spousal support, and neither spouse is pregnant. The form establishes key eligibility facts such as Florida residency (at least 6 months), marriage details, and the legal basis for dissolution (typically that the marriage is irretrievably broken). It must be signed under oath before a notary or deputy clerk and filed with the clerk of the circuit court, and the other spouse must be properly served so the case can proceed to default, uncontested, or contested resolution.
Fillable fields39
Pages7
Sections15
Form Complexity IndexModerate, 47/100

The AI checks your answers before you download

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

Court Heading Completeness (Judicial Circuit, County, Case No., Division, Party Names)

Validates that the court heading fields are present and populated: judicial circuit, county, case number (if assigned), division (if required by the circuit), and the petitioner/respondent names. This is critical for correct docketing, routing to the proper division, and ensuring the filing is associated with the correct case. If any required heading element is missing or malformed, the submission should be flagged for correction or rejected to prevent misfiling.

Petitioner Full Legal Name Provided and Non-Placeholder

Ensures the petitioner’s full legal name field is completed and does not contain placeholders (e.g., blanks, “N/A,” or initials only). The petitioner’s legal name is required to identify the filing party and to match service, notary, and court records. If the name is incomplete or appears invalid, the form should fail validation and require the petitioner to provide the full legal name.

Florida Residency Selection and 6-Month Eligibility Confirmation

Checks that exactly one residency checkbox is selected (Petitioner, Respondent, or Both) and that the selection affirms at least one party has lived in Florida for at least 6 months before filing. This is a jurisdictional requirement for dissolution filings in Florida and affects whether the court can hear the case. If none or multiple boxes are selected, or if residency is not affirmed, the submission should be blocked and the filer prompted to correct the jurisdiction statement.

Military Service Status Checkboxes Completed for Both Parties

Validates that for both petitioner and respondent, exactly one option is selected: “is” or “is not” a member of the military service. Military status can trigger additional service requirements and protections (e.g., under the Servicemembers Civil Relief Act). If either party’s status is missing or both options are selected, validation fails and the filer must correct the selections.

Marriage Date Format and Logical Validity

Ensures the date of marriage is provided in a valid month/day/year format and represents a real calendar date. The marriage date is essential to establish the marital relationship and is used in the final judgment and case record. If the date is missing, malformed, or impossible (e.g., 02/30), the form should be rejected until corrected.

Marriage Place Completeness (County/State/Country)

Checks that the place of marriage field is completed with sufficient detail (at minimum state/country, and county if applicable) and is not left blank. This information is commonly required for the court record and final judgment preparation. If the location is missing or clearly incomplete (e.g., only “USA”), the submission should be flagged for completion.

And 10 more checks
  • Grounds for Dissolution: Exactly One Option Selected and Attachment Required if Incapacity
  • No Minor/Dependent Children and No Pregnancy Affirmation Consistency
  • No Marital Assets or Liabilities Assertion and “Other Relief” Conflict Check
  • Alimony Waiver Consistency and Prohibited Relief Check
  • Former Name Restoration: Conditional Requirement and Request Alignment
  • Other Relief Field: Required When Selected and Content Safety/Clarity
  • Signature, Date, and Oath/Notary Block Completeness
  • Contact Information Format Validation (Address, Phone, Fax, Email)
  • Required Accompanying Filings Presence (SSN Notice and Residency Proof/Corroborating Witness)
  • Nonlawyer Assistance Disclosure Block Conditional Completion

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How to Fill Out Form 12.901(b)(3) Online for Free in 2026

What the AI walks you through.

  1. Confirm eligibility: Florida residency for at least 6 months, no minor/dependent children, no pregnancy, no marital assets or debts, and no alimony request; gather marriage date/place and identification/residency proof.
  2. Complete the case caption: judicial circuit, county, parties’ names (petitioner/respondent), and leave case number/division blank if not yet assigned by the clerk.
  3. Fill out the petition statements: residency (who meets it), military service status for each spouse, marriage history, and select the reason for dissolution (irretrievably broken or mental incapacity with attachment).
  4. Complete requests for relief: confirm no assets/liabilities and waiver of alimony, indicate whether you want a former name restored, and list any other requested relief (if applicable).
  5. Add contact and e-service information: mailing address (or omit and file confidentiality request if eligible), phone/fax, and designated email address(es) if electing e-service.
  6. Sign and notarize: sign the petition under oath in front of a notary public or deputy clerk; include nonlawyer assistance information if someone who is not an attorney helped prepare the form.
  7. File and serve: file the petition with the circuit court clerk (e-file if you choose/are required), submit required accompanying forms (e.g., Notice of Social Security Number, financial affidavit, corroborating witness/ID proof, mandatory disclosure compliance), and arrange proper service on the respondent to move the case toward a final hearing.

Common Mistakes in Completing Form 12.901(b)(3)

The ones the AI is built to catch.

Using this “no property/no children” petition when it doesn’t actually fit
People often choose this form because it seems simpler, but later realize they have marital debts, marital assets (even small ones like bank accounts or vehicles), a pregnancy, or a dependent/minor child. Filing the wrong petition can lead to delays, dismissal, or a final judgment that doesn’t address important issues. Before filing, confirm there are truly no marital assets/liabilities, no minor/dependent children, neither spouse is pregnant, and no one wants alimony; if any item is not true, use the correct dissolution form or get legal advice.
Failing to meet or prove the 6-month Florida residency requirement
A common error is checking the residency box without actually meeting the “lived in Florida for at least 6 months” requirement or without having proof ready. This can cause the court to reject the case, require additional filings, or delay the final hearing. Avoid this by confirming at least one spouse has lived in Florida for 6 months immediately before filing and by filing the required proof (corroborating witness affidavit or qualifying ID with an issue date at least six months before filing).
Leaving the circuit/county/case number/division caption incomplete or incorrect
Many filers forget to fill in the judicial circuit and county, or they guess the division, or they leave the case number blank after the clerk assigns it and never update copies. Incorrect caption information can cause filing errors, misrouting within the clerk’s office, and delays in scheduling hearings. Use the county where you are filing, confirm the correct judicial circuit for that county, and add the case number/division exactly as assigned by the clerk on all later documents.
Not completing the checkboxes (or checking conflicting options)
This form relies heavily on checkboxes (residency, military status, grounds, name change request), and people often leave them blank or check multiple inconsistent options. Missing or conflicting selections can make the petition legally insufficient and trigger clerk rejections or court requests to amend. Go line-by-line and ensure exactly one option is selected where required (e.g., “is” vs “is not”), and that your selections match the facts and any attached documents.
Incorrect marriage history details (date/place) or using informal names
Filers frequently enter an approximate marriage date, omit the county/state/country, or use nicknames instead of full legal names. Errors here can create inconsistencies with the marriage certificate and complicate the final judgment or recordkeeping. Copy the date and place exactly from the marriage certificate and use full legal names as they appear on government ID and the marriage record.
Overlooking the “no pregnancy/no children” requirement or misunderstanding “dependent”
Some people check the “no minor or dependent children” statement while they have a child over 18 who is still legally dependent, or they fail to disclose a current pregnancy. If this requirement is not true, the court may require a different petition and additional child-related forms, causing major delays. Confirm there are no children under 18, no dependent children (as legally defined), and that neither spouse is pregnant before using this form.
Forgetting required companion filings (SSN Notice, financial affidavit, mandatory disclosure)
A very common mistake is filing only the petition and missing required documents like the Notice of Social Security Number (12.902(j)) and later-required items like the Family Law Financial Affidavit and Certificate of Compliance with Mandatory Disclosure. Missing documents can prevent the case from moving forward, delay default/uncontested final hearings, or result in court orders to file them by a deadline. Use a checklist and file the SSN Notice with the petition, then calendar the 45-day deadlines for the financial affidavit and mandatory disclosure (unless properly waived by agreement).
Not attaching the correct proof of residency (or attaching ID that doesn’t qualify)
People often attach an ID copy that is too recent, expired, or not one of the accepted documents, or they forget to file the Affidavit of Corroborating Witness. Without proper residency proof, the court may not grant the dissolution at the final hearing. Avoid this by attaching either the corroborating witness affidavit or a copy of a Florida driver’s license/Florida ID/voter registration card with an issue date at least six months before the filing date.
Requesting “other relief” that contradicts the form’s limitations
Filers sometimes write requests in paragraph 10 for property division, debt allocation, discovery, or support-related relief even though the form is for cases with no property/liabilities and no alimony. Conflicting requests can cause the court to require an amended petition or to deny requested relief. Keep “other relief” limited and consistent with the form (e.g., administrative items), and if you need property/debt/support orders, use the appropriate dissolution petition instead.
Name restoration section completed incorrectly or not mirrored in the request section
A frequent error is writing a former name in paragraph 9 but forgetting to check the corresponding request box, or listing a name that was never a legal former name. This can result in the final judgment not restoring the name, requiring a later correction or separate name-change steps. Enter the exact former legal name you want restored and check both the paragraph 9 option and the request item for restoring the former name.
Not signing under oath before a notary/deputy clerk or using the wrong ink/format
People often sign the petition at home without notarization, forget the notary block, or submit forms that are not typed/printed in black ink as instructed. An unnotarized petition can be rejected by the clerk or deemed defective, delaying service and the case timeline. Sign only in front of a notary public or deputy clerk, complete the notary section fully, and ensure the form is legible and in black ink.
Misunderstanding service requirements and e-service election details
Many filers assume filing the petition automatically notifies the spouse, or they try to email the petition instead of using proper service of process, or they elect e-service without following the strict formatting/rule requirements. Improper service can prevent the 20-day response clock from starting and can block defaults and final hearings. Use sheriff/certified process server for initial service (or follow constructive service rules only when truly applicable), and only elect e-service if you can comply with Rule 2.516 and file the Designation of Current Mailing and E-mail Address (12.915).

Frequently Asked Questions About Form 12.901(b)(3)

 

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How does the AI fill out Form 12.901(b)(3)?
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How complex is Form 12.901(b)(3) to fill out?
Form 12.901(b)(3) has a Form Complexity Index of 47 out of 100, in the moderate tier: 39 fillable fields across 7 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is Florida Family Law Form 12.901(b)(3) used for?
This form is a Petition for Dissolution of Marriage when there are no minor or dependent children, no marital property or debts to divide, no request for alimony, and neither spouse is pregnant.
Who can file this petition in Florida?
You can file if you or your spouse has lived in Florida for at least 6 months before the petition is filed, and your situation meets the “no children, no property/debts, no alimony, not pregnant” requirements.
When should I use a Simplified Dissolution of Marriage instead of this form?
If you and your spouse agree on all issues and can both attend the hearing, you may be able to use the Simplified Dissolution form (12.901(a)). You cannot use the simplified process if either spouse wants alimony, you want to do financial discovery, or you want to reserve rights to reconsider/appeal.
What if we have any marital assets or debts, even small ones?
This form is only for cases with no marital assets and no marital liabilities. If you have anything to divide (bank accounts, vehicles, credit cards, loans, etc.), you likely need a different dissolution form.
What if we have children who are over 18 or not dependent?
This form is only barred by minor (under 18) or dependent children common to both parties. If there are no minor or dependent children, you may still qualify, but if there are dependent children, you should use a different form.
What if my spouse is pregnant (even if the child may not be mine)?
You should not use this form if either spouse is pregnant. You will likely need a different dissolution process because pregnancy can affect the court’s required findings.
Do I have to request alimony or can I leave it open for later?
This petition requires the petitioner to forever give up any rights to spousal support (alimony) from the other spouse. If you may need alimony now or later, you should not use this form.
What documents must be filed along with this petition?
You must file a Notice of Social Security Number (12.902(j)) and either an Affidavit of Corroborating Witness (12.902(i)) or proof of Florida residency (a copy of a Florida driver’s license/ID/voter card issued at least 6 months before filing). You also must file a Family Law Financial Affidavit (12.902(b) or (c)) and a Certificate of Compliance with Mandatory Disclosure (12.932) within 45 days of service if not filed with the petition.
How do I prove the 6-month Florida residency requirement?
You can file an Affidavit of Corroborating Witness (12.902(i)) or provide a photocopy of a current Florida driver’s license, Florida ID, or voter registration card with an issue date at least six months before the case is filed.
Do I need to have the petition notarized?
Yes. After completing the petition, you must sign it in front of a notary public or deputy clerk because you are swearing under oath that the statements are true.
Where do I file the petition and do I have to e-file?
You file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. E-filing is generally required for attorneys, but self-represented litigants may e-file and are not required to do so.
How do I serve my spouse with the petition?
If you know where your spouse lives, you generally must use personal service (sheriff or certified process server). If you absolutely do not know where your spouse lives, you may be able to use constructive service, but it has strict requirements and limits what the court can order.
What happens after my spouse is served—how long do they have to respond?
If personal service is used, your spouse has 20 days after being served to file an answer. After that, the case may proceed as default (no response), uncontested (agreement), or contested (disagreement).
What if my spouse does not respond within 20 days?
You may file a Motion for Default (12.922(a)) with the clerk. If your paperwork is complete, you can then work with the clerk/family law intake/judicial assistant to set a final hearing and must provide your spouse notice of the hearing.
Can I keep my address confidential on the petition?
If you are a victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not put your address/phone/fax on the form. Instead, file a Request for Confidential Filing of Address (12.980(h)).
What if I cannot afford the filing fee?
You can ask the clerk for an Application for Determination of Civil Indigent Status. If you qualify, the clerk may defer filing fees.
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marriage forms: Form 12.901(a), Petition for Simplified Dissolution of Marriage, Form 12.901(b)(2), Petition for Dissolution of Marriage, Form 12.901(b)(1), Petition for Dissolution of Marriage, Form 12.901(b)(3), Petition for Dissolution of Marriage, 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

family court forms: Form 12.995(c), Safety-Focused Parenting Plan, Form N161, Appellant’s notice (All appeals except small claims track appeals and appeals to the Family Division of the High Court), Form N161, Appellant's Notice (All appeals except small claims track appeals and appeals to the Family Division of the High Court), declaration-of-marriage-for-court-proceeding-california-family-law, 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, Adoption Request (Stepparent), 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(g), Agreement Limiting Representation, Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases, Florida Family Law Rules of Procedure Form 12.901(a), Joint Petition for Simplified Dissolution of Marriage, Form 12.902(b), Family Law Financial Affidavit (Short Form), 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 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 12.902(i), Affidavit of Corroborating Witness

florida court forms: Form 12.995(c), Safety-Focused Parenting Plan, 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, Florida Family Law Rules of Procedure Form 12.900(g), Agreement Limiting Representation

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