Form 12.901(b)(2) is Florida's standard Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), the form that opens a divorce case for couples who have marital assets or debts to divide but no minor or dependent children together.
Quick Answer: Form 12.901(b)(2) is the Petitioner-filed petition used to start a Florida dissolution of marriage case when the couple has marital assets and/or liabilities but no minor or dependent children together and no pregnancy. It is filed with the clerk of the circuit court and formally served on the other spouse (the Respondent). Couples who agree on everything, including their entire property division, may qualify instead for the faster joint simplified dissolution track.
What Is Form 12.901(b)(2)?
Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), is a Florida Family Law Rules of Procedure form published by the Florida Courts. It opens a standard dissolution of marriage case for couples with marital assets and/or liabilities to divide, but no minor or dependent children together.
Unlike the Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)), which both spouses sign and file together, Form 12.901(b)(2) is filed by one spouse (the Petitioner), and the other spouse (the Respondent) must be formally notified through service of process.
Download the official Form 12.901(b)(2) (PDF, Florida Courts)
Who Uses This Form, and Who Should Use a Different One
You may use Form 12.901(b)(2) if you are filing for a dissolution of marriage in Florida, you and your spouse have marital assets and/or marital liabilities, and neither of you has any minor or dependent children together (and neither spouse is pregnant).
If you and your spouse agree on all issues and both can attend a final hearing together, you may want to file the Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)) instead. However, you cannot use the simplified petition if any of the following is true:
- You disagree about property, debts, or other matters and want a judge to settle them
- Either you or your spouse is seeking alimony
- You would like to ask questions and get documents concerning your spouse's income, expenses, assets, debts, or other matters before a trial or settlement
- You would like to reserve your right to have any matters reconsidered or appeal the judge's decision
If your case involves a dependent or minor child, you must use Form 12.901(b)(1) instead, regardless of your property situation. If you have neither children nor marital property to divide, see our companion guide, Form 12.901(b)(3).
What the Petition Asks For
Form 12.901(b)(2) asks the Petitioner to state, under penalty of perjury:
- That you are asking the court to dissolve your marriage
- Where you and your spouse each live, and how long
- When and where you were married
- That your marriage is irretrievably broken
- That you have no minor or dependent children together and neither spouse is pregnant
- Your marital assets and liabilities, and how you want them divided, either attaching a signed Marital Settlement Agreement or asking the court to divide them
- Whether you are requesting alimony, and if so, what kind
- Whether either spouse wants to resume a former legal name
Because alimony must be requested in writing in the original petition or it is waived, review this section carefully before signing, even if you are not yet certain whether you will pursue it.
Other Forms Filed With Form 12.901(b)(2)
A standard dissolution case with property but no children generally also involves:
- Marital Settlement Agreement for Dissolution of Marriage with No Dependent or Minor Child(ren), Form 12.902(f)(2), if you and your spouse have reached agreement on some or all issues. See our guide to Florida Form 12.902(f): Marital Settlement Agreement.
- Family Law Financial Affidavit, Form 12.902(b) or (c), due within 45 days of service on the Respondent if not filed with the petition. See our guide to Florida Form 12.902: Family Law Financial Affidavit.
- Notice of Social Security Number, Form 12.902(j). See our guide to Florida Form 12.902(j).
- Certificate of Compliance with Mandatory Disclosure, Form 12.932, generally due within 45 days of service unless you and your spouse have agreed not to exchange those documents. See our guide to Florida Form 12.932.
- Cover Sheet for Family Court Cases, Form 12.928, filed with your first pleading. See our guide to Florida Form 12.928.
- Proof of Florida residency, such as a valid Florida driver's license, state ID, or voter registration card issued at least 6 months before filing, or an Affidavit of Corroborating Witness (Form 12.902(i)) if neither spouse has that documentation.
What Happens After You File: Service and Response
Once you file the petition, you must properly notify your spouse. Personal service is used whenever you know where your spouse lives. If you genuinely do not know their whereabouts, constructive service may be available, though it significantly limits the relief the court can grant; relief obtained through constructive service alone cannot include spousal support.
If personal service is used, your spouse has 20 days to file an answer. From there, the case generally proceeds one of three ways:
- Default: If your spouse does not file an answer within 20 days, you may file a Motion for Default (Form 12.922(a)) and, once all required papers are filed, ask the clerk or judicial assistant to set a final hearing.
- Uncontested: If your spouse files an answer that agrees with everything in your petition, or an answer and waiver, and you have both complied with mandatory disclosure, you can move to set a final hearing.
- Contested: If your spouse files an answer, or an answer and counterpetition, disputing anything in your petition and you cannot resolve it, you file a Notice for Trial (Form 12.924) after completing mandatory disclosure and, in many circuits, mediation.
Florida's Rules of Judicial Administration now require most petitions, pleadings, and documents to be filed and served electronically, though self-represented litigants are not required to e-file or e-serve if they prefer paper.
Proving Residency and the Filing Fee
You or your spouse must have lived in Florida for at least 6 months before you file. Proof of Florida residency can be a Florida driver's license, state ID card, or voter registration card issued at least 6 months before filing, or a signed Affidavit of Corroborating Witness (Form 12.902(i)) if neither spouse has that documentation.
The statewide circuit court filing fee for a Florida dissolution of marriage is $295 (Fla. Stat. § 28.241). If you cannot afford it, you can file an Application for Determination of Civil Indigent Status with your petition, and the clerk will determine whether you qualify to have the fee waived or deferred.
If you have been the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, you can keep your address confidential by filing a Request for Confidential Filing of Address (Form 12.980(h)) instead of listing it on your petition.
Common Mistakes to Avoid
- Filing the standard petition when you and your spouse actually agree on everything, including property division, and could have used the faster joint simplified dissolution instead
- Leaving alimony out of the original petition and then trying to request it later, after it has been waived
- Attaching an unsigned or undated Marital Settlement Agreement, or none at all when one was reached orally
- Missing the 45-day deadline for the Financial Affidavit and Certificate of Compliance with Mandatory Disclosure when they were not filed with the petition
- Assuming constructive service will preserve a request for alimony; it will not
Frequently Asked Questions
What is Florida Form 12.901(b)(2)?
Form 12.901(b)(2), Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), is the Florida Family Law Rules of Procedure form that opens a standard divorce case for couples with marital assets and/or liabilities to divide, but no minor or dependent children together and no pregnancy. One spouse, the Petitioner, files it and formally serves the other spouse, the Respondent.
How is this different from the simplified dissolution petition?
The Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)) is filed and signed by both spouses together, and is only available when you agree on everything, including the full division of property, neither of you wants alimony, and you are both willing to give up the right to trial and appeal and attend a single final hearing together. Form 12.901(b)(2) is the standard petition used instead whenever any of those conditions is not met, for example if you disagree about property or debts, either spouse wants alimony, or you want the ability to conduct discovery or preserve your right to reconsideration or appeal.
Do I need to request alimony on this form?
Yes, if you want it. Florida requires alimony to be requested in writing in the original petition. If you do not request it before the final hearing, you waive the right to ask for it later.
What other forms are filed with Form 12.901(b)(2)?
Depending on your case, you generally also file a Family Law Financial Affidavit (Form 12.902(b) or (c)), a Notice of Social Security Number (Form 12.902(j)), a Marital Settlement Agreement (Form 12.902(f)(2)) if you and your spouse have reached an agreement, a Certificate of Compliance with Mandatory Disclosure (Form 12.932), and proof of Florida residency.
How much time does my spouse have to respond after being served?
If your spouse is personally served, they generally have 20 days to file an answer. From there, the case proceeds as a default (no answer filed), uncontested (an answer agreeing with everything or waiving a response), or contested (an answer disputing anything in the petition) case.
Can Virdix help me prepare Florida Form 12.901(b)(2)?
Yes. Virdix checks whether your case involves marital property but no children, and prepares the matching Florida Family Law Rules of Procedure forms, including the petition and any Marital Settlement Agreement, from your answers. Virdix is a document preparation service, not a law firm, and does not provide legal advice.
How Virdix Helps
Virdix checks whether your case involves marital property but no children and prepares the matching Florida Family Law Rules of Procedure forms from your answers, whether that is this standard petition, a Marital Settlement Agreement, or the joint simplified petition if you qualify. Start free. Pay once, only when your documents are ready. See Divorce in Florida on Virdix for the full picture of what Virdix covers in Florida today.
Start Your Florida Case Free →
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Forms, fees, and procedures can change; always confirm current information with the Florida Courts or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2) (02/18), Chapter 61, Florida Statutes