How to Fill Out Florida Form 12.901(a): Simplified Dissolution of Marriage

Florida Form 12.901(a) is the joint petition two spouses sign and file together to request a simplified dissolution of marriage, the state’s fastest uncontested divorce. Because both of you sign the petition, no one has to be served, and the case typically wraps up in about 30 days. You can download the form free from the Florida Courts website or pick it up at any Clerk of the Circuit Court office.

Who Can Use Form 12.901(a)

Every one of the following has to be true. Miss even one and the court will reject a simplified petition and send you to Form 12.901(b)(1) or another standard petition instead.¹

At least one spouse has lived in Florida for six months before filing.²
You have no minor or dependent children together, no children were born to the wife during the marriage, and the wife is not pregnant.
You’ve already divided everything you own and everything you owe, to your mutual satisfaction.
Neither spouse is asking for alimony.
Both of you agree to give up the right to a trial and the right to appeal.
Both of you agree the marriage is irretrievably broken.

Residency is usually proven with a Florida driver’s license, Florida ID card, or Florida voter registration card. If you can’t produce any of those, someone who knows how long you’ve lived in the state can complete the Affidavit of Corroborating Witness (Form 12.902(i)) in front of a notary.³

Forms to File With the Petition

The petition doesn’t travel alone. Assemble the whole package before you head to the clerk. Everything is free to download from the Florida Courts site.

Joint Petition, Form 12.901(a) — the main document you both sign.
Civil Cover Sheet, Form 12.928 — a one-page intake sheet the clerk uses to open the file.
Notice of Social Security Number, Form 12.902(j) — one per spouse, kept confidential.
Designation of Current Mailing Address and E-mail Address, Form 12.915 — one per spouse.
Notice of Related Cases, Form 12.900(h) — discloses any other court cases involving either of you.
Vital Statistics Form (DH-513) — required by the Florida Bureau of Vital Statistics.
Proof of residency — a copy of the driver’s license, ID, or voter card, or the corroborating witness affidavit.

A written Marital Settlement Agreement (Form 12.902(f)(3)) is optional but strongly recommended. Putting the property and debt division in writing protects both sides if a dispute comes up later.¹

If a nonlawyer helps you prepare any of these forms — a document preparation service, for example — that person has to complete a Disclosure from Nonlawyer, Form 12.900(a), and give you a copy.⁴

Handling the Financial Disclosure

Simplified dissolutions are exempt from Florida’s full mandatory disclosure rule.⁵ You still have to deal with finances, and Item 6 of the petition gives you two paths.

File a financial affidavit. Use the short form, 12.902(b), if your individual gross income is under $50,000 a year. Use the long form, 12.902(c), if it’s $50,000 or more. Each spouse files their own.⁶

Waive filing. Both of you can agree not to put the affidavits in the court file by using Form 12.902(k), the Notice of Joint Verified Waiver. To use this option you still have to exchange complete, signed affidavits with each other — you just keep them private instead of filing them.⁷

You can’t skip the exchange entirely. Each spouse must see the other’s finances before signing the petition, even if the paperwork never reaches the courthouse.

Filling Out the Petition

Type or print in black ink. The form runs through eleven numbered items and a signature block.

Case caption. Fill in the judicial circuit and county where you’re filing. Leave the case number blank — the clerk assigns it.
Item 1. A statement that both of you are asking the court to dissolve the marriage.
Item 2. Each spouse’s county and state of residence and the date they started living there. This is how the court confirms jurisdiction.
Item 3. Date and place of the marriage (city, state, or country).
Item 4. A declaration that the marriage is irretrievably broken.
Item 5. Confirmation that there are no minor or dependent children, no children were born to the wife during the marriage, and the wife is not pregnant.
Item 6. Property and debts. Check one box to show whether you’re attaching a written Marital Settlement Agreement, your agreement is not in writing, you’re filing financial affidavits, or you’re filing the joint waiver.
Item 7. Name restoration. Optional. If either spouse wants to go back to a former name, check the box and write in the full former name.
Items 8 through 11. Certifications. You confirm no one pressured you into signing, that you understand both of you have to attend the final hearing, that you may be giving up legal rights, and that you’re asking the court to end the marriage.

Both spouses sign at the bottom in front of a notary public or a deputy clerk. You don’t have to sign together — each spouse can visit a notary separately — but you both have to show up together for the hearing.

Filing With the Clerk

Take the complete, signed, notarized packet to the Clerk of the Circuit Court in the county where either spouse lives. The clerk opens the case, assigns a case number, and collects the fee. The standard Florida dissolution filing fee is $397.50, and some counties tack on local surcharges that push the total above $400.⁸ If you can’t afford it, ask for an Application for Determination of Civil Indigent Status; the clerk will evaluate your finances and decide whether to waive or defer the cost.¹

No service is required. Both signatures on the petition already prove that both parties know about and agree to the case.

The Final Hearing

Florida requires at least 20 days between filing and the final hearing. Most simplified dissolution hearings land around 30 days out, depending on the court’s calendar.

Both spouses have to appear together. The hearing is short. Under oath, the judge will ask each of you to confirm:

At least one of you has lived in Florida for six months or longer.
You have no minor or dependent children together and the wife is not pregnant.
You’ve divided property and debts by agreement.
Neither of you is asking for alimony.
You both understand you’re waiving trial and appeal.
Your agreement is voluntary.

If the answers hold up, the judge signs the Final Judgment of Simplified Dissolution of Marriage, Form 12.990(a), and the marriage is over. Ask the clerk for certified copies — banks, insurers, and government agencies will want proof.

What the Appeal Waiver Means

The appeal waiver is the trade-off for speed. Once the judge signs the final judgment, neither spouse can go back to court to undo or contest the outcome. If you later discover your spouse hid assets or that the split was lopsided, your options are extremely limited. That’s why exchanging financial affidavits matters even when you choose the waiver: review your spouse’s finances carefully before you sign, because the judgment is essentially permanent.

After the Judgment

Changing Your Name Back

If you checked the name-restoration box on the petition, the final judgment is your legal authority to update your identification. Start with the Social Security Administration: complete Form SS-5 and bring your certified final judgment along with proof of identity. Some states let you file the request through your online my Social Security account; others require an in-person visit.⁹ Once the new card arrives, use it along with the final judgment to update your Florida driver’s license, bank accounts, and other records.

Property Transfers and Tax Basis

Transfers between spouses as part of the divorce — retitling a car, deeding a house, splitting a brokerage account — are generally tax-free under federal law. Section 1041 of the Internal Revenue Code says no gain or loss is recognized when property moves to a former spouse, as long as the transfer happens within a year after the marriage ends or is related to the divorce.¹⁰ The catch is that the recipient inherits the original owner’s tax basis. If your spouse bought stock for $10,000 and it’s worth $50,000 today, you owe no tax on the transfer, but you’ll owe capital gains on the $40,000 when you sell. A $50,000 account with a low basis is not the same as $50,000 in cash. Factor that in when you divide assets.

Splitting Retirement Accounts

If your settlement divides a 401(k), pension, or similar employer-sponsored retirement plan, the final judgment by itself won’t move the money. You need a Qualified Domestic Relations Order — a separate court order that tells the plan administrator exactly how much goes to each spouse. The QDRO has to be drafted, signed by the judge, and submitted to the plan. Skipping this step is one of the most common post-divorce oversights, and it can leave a spouse locked out of retirement funds they were promised in the agreement.

1
Florida Courts. Florida Family Law Rules of Procedure Form 12.901(a) – Joint Petition for Simplified Dissolution of Marriage
2
The Florida Legislature. Florida Code 61.021 – Residence Requirements
3
Florida Courts. Instructions for Florida Supreme Court Approved Family Law Form 12.902(i) – Affidavit of Corroborating Witness
4
Thirteenth Judicial Circuit Court of Florida. Simplified Dissolution of Marriage (Packet 27)
5
Florida Courts. Rule 12.285 – Mandatory Disclosure
6
Florida Courts. Instructions for Florida Family Law Rules of Procedure Form 12.902(c) – Family Law Financial Affidavit (Long Form)
7
Florida Courts. Instructions for Florida Family Law Rules of Procedure Form 12.902(k) – Notice of Joint Verified Waiver of Filing Financial Affidavits
8
Florida Court Clerks & Comptrollers. How Do I File for a Divorce?
9
Social Security Administration. How Do I Change or Correct My Name on My Social Security Number Card?
10
Office of the Law Revision Counsel. 26 USC 1041 – Transfers of Property Between Spouses or Incident to Divorce