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Florida Petition For Dissolution of Marriage With Property But No Minor Child(Ren)

This Florida petition for dissolution of marriage with property but no dependent or minor child (ren) is provided for petitioners without child (ren).

Florida Petition For Dissolution of Marriage With Property But No Minor Child(Ren)
Florida Petition For Dissolution of Marriage With Property But No Minor Child(Ren)
Instructions for Florida Supreme Court Approved Family Law Form 12.901(b)(2), Petition for Dissolution
of Marriage with Property but No Dependent or Minor Child(ren) (05/12)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.901(b)(2), PETITION FOR DISSOLUTION OF MARRIAGE WITH
PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN)(05/12)
When should this form be used
This form may be used when a husband or wife is filing for a dissolution of marriage, and the husband
and wife have marital assets and/or marital liabilities but they do not have any dependent children nor
is the wife pregnant. You and/or your spouse must have lived in Florida for at least 6 months before
filing for a dissolution in Florida. If you and your spouse agree on all issues and both can attend the
hearing, you may want to file a Petition for Simplified Dissolution of Marriage, Florida Family Law Rules
of Procedure Form 12.901(a). However, you cannot file for a simplified dissolution of marriage if any of
the following are true:
You disagree about property, debts, or other matters and wish to have a judge settle them for you.
Either you or your spouse is seeking support (alimony).
You would like to ask questions and get documents concerning your spouse’s income, expenses,
assets, debts, or other matters before having a trial or settlement.
You would like to reserve your rights to have any matters reconsidered or appeal the judge’s
decision.
This form should be typed or printed in black ink. After completing this form, you should sign the form
before a notary public or deputy clerk . You should file the original with the clerk of the circuit court in
the county where you live and keep a copy for your records. Because you are filing the petition in this
proceeding, you may also be referred to as the petitioner and your spouse as the respondent.
What should I do next
For your case to proceed, you must properly notify your spouse of the petition. If you know where he
or she lives, you should use personal service. If you absolutely do not know where he or she lives, you
may use constructive service. You may also be able to use constructive service if your spouse resides in
another state or country. However, if constructive service is used, other than granting a divorce, the
court may only grant limited relief which cannot include spousal support (alimony). For more
information on constructive service, see Notice of Action for Dissolution of Marriage (No Child or
Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), and Affidavit of
Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). If your spouse is in
the military service of the United States, additional steps for service may be required. See, for example,
Memorandum for Certificate of Military Service, Florida Supreme Court Approved Family Law Form
12.912(a) and Affidavit of Military Service, Florida Supreme Court Approved Family Law Form
12.912(b). In sum, the law regarding constructive service and service on an individual in the military
service is very complex and you may wish to consult an attorney regarding these issues.
If personal service is used, your spouse has 20 days to answer after being served with your petition.
Your case will then generally proceed in one of the following three ways:
Florida Petition For Dissolution of Marriage With Property But No Minor Child(Ren)
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