Form 12.901(b)(3) is Florida's standard dissolution petition for couples with no marital assets, no marital debts, and no minor or dependent children together, filed by one spouse and served on the other.
Quick Answer: Use Form 12.901(b)(3) when you and your spouse have no marital property, no marital debt, no minor or dependent children, and neither of you wants alimony, but you would rather not (or cannot both) use the joint simplified process. You file it and formally serve your spouse, who then generally has 20 days to respond.
What Is Form 12.901(b)(3)?
Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property, is a Florida Family Law Rules of Procedure form. It works like a standard, one-sided petition: you (the Petitioner) file it and then formally serve your spouse (the Respondent), rather than filing it jointly.
Download the official Form 12.901(b)(3) (PDF, Florida Courts)
Who Should Use This Form
This form may be used when you are filing for dissolution of marriage and:
- You and your spouse have no marital assets and no marital liabilities
- Neither of you has minor or dependent children together
- Neither spouse is seeking spousal support (alimony)
- Neither spouse is currently pregnant
- You or your spouse have lived in Florida for at least 6 months before filing
How This Differs From the Joint Simplified Petition
If you and your spouse agree on everything and both no children exist, Florida's Joint Petition for Simplified Dissolution of Marriage (Form 12.901(a)) may move faster: both of you sign it together, and you both attend a single hearing. But that process requires giving up your right to request documents from your spouse, to a trial, and to appeal.
Form 12.901(b)(3) is the right fit if any of the following applies to you:
- Either of you is seeking alimony
- You want the ability to request documents or ask questions about your spouse's finances before a trial or settlement
- You want to preserve your right to have matters reconsidered or to appeal the judge's decision
Serving Your Spouse
After you file, your case cannot move forward until your spouse is properly notified. If you know where your spouse lives, use personal service (through a process server or sheriff). If you genuinely do not know their location, Florida allows constructive service in limited circumstances, using a Notice of Action for Dissolution of Marriage (Form 12.913(a)(1)) and an Affidavit of Diligent Search and Inquiry (Form 12.913(b)); however, constructive service limits what the court can order, generally excluding alimony. If your spouse is in the military, additional steps may apply (Forms 12.912(a) and 12.912(b)). Because constructive service and military service rules are complex, consider consulting a Florida attorney if either applies to your case.
Default, Uncontested, or Contested: What Happens After Service
If personal service is used, your spouse generally has 20 days to file an answer. From there, your case proceeds one of three ways:
- Default. If your spouse does not answer within 20 days, you may file a Motion for Default (Form 12.922(a)), then request a final hearing once your other required paperwork is filed.
- Uncontested. If your spouse answers and agrees with everything in your petition (or files an answer and waiver), and you have completed mandatory disclosure, you can request a final hearing.
- Contested. If your spouse answers and disagrees with anything, and you cannot settle the disputed issues, you file a Notice for Trial (Form 12.924) after completing mandatory disclosure. Some circuits require mediation first. If your spouse also files a counterpetition, you must answer it within 20 days.
Other Forms Filed With the Petition
Along with Form 12.901(b)(3), you generally also file:
- Proof of Florida residency: an Affidavit of Corroborating Witness (Form 12.902(i)), or a copy of a Florida driver's license, state ID, or voter registration card issued at least 6 months before filing
- Notice of Social Security Number (Form 12.902(j))
- Family Law Financial Affidavit (Form 12.902(b) or (c)), due within 45 days of serving your spouse if not filed with the petition. See our guide to Florida Form 12.902: Family Law Financial Affidavit.
- Certificate of Compliance with Mandatory Disclosure (Form 12.932), also generally due within 45 days of service
- Cover Sheet for Family Court Cases (Form 12.928), filed with your first pleading. See our guide to Florida Form 12.928.
Filing Fee and Confidential Address Filing
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 for the clerk to review, and filing fees can be deferred if you qualify.
If you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence and want to keep your address confidential, do not enter your address, telephone, or fax information on the petition itself. Instead, file a Request for Confidential Filing of Address (Form 12.980(h)).
If your case involves domestic violence, or you fear for your safety, call 911 or the National Domestic Violence Hotline at 1-800-799-7233. Virdix does not currently prepare Florida domestic violence injunction paperwork; the state's own self-help resources or a Florida attorney are the right next step for that filing.
Frequently Asked Questions
What is Florida Form 12.901(b)(3)?
Form 12.901(b)(3), Petition for Dissolution of Marriage with No Dependent or Minor Child(ren) or Property, is the Florida Family Law Rules of Procedure petition used when a married couple has no marital assets, no marital liabilities, no minor or dependent children together, and neither spouse is seeking alimony or is pregnant. It is filed by one spouse (the Petitioner) and served on the other (the Respondent), unlike the joint simplified petition.
How is this different from Form 12.901(a)?
Form 12.901(a) is a joint petition both spouses sign and file together, and requires giving up the right to trial and appeal. Form 12.901(b)(3) is filed by one spouse and served on the other, which preserves your right to request documents from your spouse, to a trial, or to appeal. If you and your spouse have no property or children and can both attend a single hearing, you may prefer the faster 12.901(a) process instead; see our guide to [Florida Form 12.901(a)](/blog/florida-form-12-901a-simplified-dissolution-of-marriage).
How long does my spouse have to respond after being served?
If personal service is used, your spouse generally has 20 days to file an answer after being served with the petition. What happens next depends on whether your spouse fails to answer (default), answers and agrees with everything (uncontested), or answers and disagrees with something (contested).
What if I cannot locate my spouse to serve them?
If you genuinely do not know where your spouse lives, Florida allows constructive service in some circumstances, using a Notice of Action for Dissolution of Marriage (Form 12.913(a)(1)) and an Affidavit of Diligent Search and Inquiry (Form 12.913(b)). Constructive service limits what the court can grant, generally to the divorce itself, not alimony. Because this area of law is complex, consider consulting a Florida attorney if you cannot locate your spouse.
Is there a filing fee, and can it be waived?
Yes. Florida's statewide circuit court filing fee for a 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 for the clerk to review.
Can Virdix help me prepare this petition?
Yes. Virdix prepares Florida's standard dissolution petition, matched to your situation, whether that is no children or property, property but no children, or children involved. Virdix is a document preparation service, not a law firm, and does not provide legal advice.
How Virdix Helps
Virdix prepares Florida's standard dissolution petition, matched to whether you have property, children, both, or neither, along with the financial affidavit, cover sheet, and other paperwork your case needs. 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.
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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)(3) (02/18), Chapter 61, Florida Statutes