Blog
Florida Divorce With Property and No Minor Children
A Florida divorce with property and no minor children must address the spouses’ marital assets and liabilities before the case can be finalized. The documents and court process depend on whether the spouses agree, whether the other spouse can be located and served, and whether any property or debt remains disputed.
Property may include a home, vehicles, bank accounts, retirement benefits, business interests, furniture and other assets. Liabilities may include mortgages, credit cards, loans, tax obligations and other debts.
This guide explains the basic property issues, financial information and Florida divorce forms that may be involved. It also helps you identify whether your situation follows a mutual-agreement, summons or publication process.
What Is a Florida Divorce With Property and No Minor Children?
A Florida divorce is treated as a case involving property when either spouse asks the court to address marital assets or liabilities. This may be necessary even when the spouses have already separated their belongings or believe they have little property.
The Florida Courts publishes a specific Petition for Dissolution of Marriage with Property but No Dependent or Minor Child(ren), Form 12.901(b)(2). This form may be used when the spouses have marital assets or liabilities, do not have dependent or minor children together and neither spouse is pregnant.
What Property and Debts May Need to Be Addressed?
Property and liabilities commonly addressed in a Florida divorce include:
- Homes, land and other real estate
- Mortgages, home-equity loans and liens
- Cars, trucks, motorcycles, boats and recreational vehicles
- Bank, investment and cryptocurrency accounts
- Retirement accounts, pensions, 401(k)s and IRAs
- Business interests
- Furniture, jewelry, collectibles and personal property
- Credit-card balances and personal loans
- Tax debts
- Other known or contingent assets and liabilities
Property does not have to be jointly titled to become relevant to a divorce. Similarly, assigning a debt to one spouse in a settlement or final judgment does not automatically remove the other spouse’s name from a mortgage, vehicle loan or credit account. Additional lender, title-transfer or recording steps may be necessary.
Marital Versus Nonmarital Property in Florida
Marital assets and liabilities generally include property acquired and debts incurred during the marriage, whether held jointly or in one spouse’s name. Certain retirement benefits, increases in value and mortgage-principal reductions may also have a marital component.
Nonmarital property may include property owned before the marriage, an individual inheritance or a gift made specifically to one spouse. However, mixing funds, changing title, using marital money or contributing marital effort can make classification more complicated.
If the spouses disagree about whether an asset is marital, how much it is worth or who is legally entitled to it, a nonlawyer document preparer cannot decide that dispute or advise either spouse what they should accept. Legal advice from a Florida attorney may be appropriate.
How Equitable Distribution Works in Florida
Florida uses equitable distribution to divide marital assets and liabilities. Under Florida Statutes §61.075, a court begins with the premise that marital property and debts should be distributed equally. A judge may order an unequal distribution when the statutory circumstances justify it.
Equitable distribution therefore does not guarantee that every asset will be physically divided in half. Spouses may agree that one person will keep a particular asset while the other receives different property or assumes different debts. If they cannot agree, the court may decide after considering evidence and the statutory factors.
Information and Forms Commonly Needed
The exact documents depend on the filing method and the facts of the case. A Florida divorce with property may involve the following:
Property and Debt Information
Spouses should gather accurate descriptions of their assets and liabilities, including account information, approximate balances, title information, loan information and their proposed division. Real estate should be identified carefully enough for the settlement and final judgment to address it properly.
Financial Affidavits and Disclosure
Florida family-law cases commonly require financial affidavits and the exchange of financial information. The appropriate Financial Affidavit may be Form 12.902(b) or Form 12.902(c), depending on the applicable requirements.
The Florida divorce financial affidavit guide explains what information is generally collected and how the financial affidavit fits into the divorce process.
In qualifying cases, spouses may use Form 12.902(k), Joint Waiver of Filing Financial Affidavits. A waiver of filing does not mean that spouses should hide assets or provide inaccurate information. Mandatory-disclosure and financial-information requirements must be evaluated for the particular case.
Marital Settlement Agreement
When spouses agree, their decisions about assets and liabilities are normally included in a written Marital Settlement Agreement. Florida Courts provides Form 12.902(f)(2) specifically for a dissolution involving property but no dependent or minor children.
The agreement may identify which spouse will receive each asset, who will be responsible for each debt and whether additional transfers or payments are required. Learn more in our Florida Marital Settlement Agreement guide.
Which Divorce Process Applies?
| Situation | Likely Process | What Happens Next |
|---|---|---|
| Both spouses agree on the divorce and on all property and debts | Mutual agreement | The agreement and required divorce documents are prepared, signed and submitted for court approval. |
| The other spouse can be located but will not cooperate or sign | Divorce by summons | The petition is filed and the other spouse is formally served. Disputed issues proceed through the court process. |
| The other spouse cannot be located after a diligent search | Divorce by publication | Constructive service may allow the dissolution to proceed, but the court may not be able to resolve every property or financial issue. |
Not sure which process fits your situation?
Tell us whether you and your spouse agree, what property or debts are involved, and whether your spouse can be located.
Divorce With Property by Mutual Agreement
A mutual-agreement divorce may be appropriate when both spouses agree that the marriage should end and have reached a complete agreement about their assets and liabilities.
We prepare the divorce documents and Marital Settlement Agreement based on the information and decisions provided by the spouses. Documents may be signed through appropriate in-person or remote online notarization procedures when permitted.
Qualifying cases may be prepared for a process designed to avoid a court appearance, but the judge remains responsible for reviewing the documents and deciding whether the divorce can be finalized without a hearing. Learn more about an uncontested Florida divorce with property and our mutual-agreement property-divorce service.
Divorce With Property by Summons
If the other spouse can be located but will not sign or cooperate, the petition can generally be filed and personally served by a sheriff or certified process server.
A respondent who is personally served generally has 20 days to file a response. The summons and court instructions should be reviewed carefully because different circumstances can affect the applicable deadline.
If property issues are disputed, the court may require additional financial disclosure, case-management steps, mediation or a hearing. Procedures vary by circuit, county, judge and case. Our Florida divorce by summons guide explains the broader service-of-process pathway.
Divorce With Property by Publication
Constructive service may be available when a spouse cannot be located after a legally sufficient diligent search. Florida Courts provides an Affidavit of Diligent Search and Inquiry, Form 12.913(b), for documenting search efforts.
Search efforts depend on the available information and may involve government records, motor-vehicle records, military-status information, online databases, former employers, relatives or other potential sources. Not every search method applies to every case.
Under Florida Statutes §49.10, a notice of action is generally published once each week for four consecutive weeks. For a qualifying petitioner who has been authorized to proceed as indigent, the clerk may post the notice as provided by Florida law.
Important limitation when property is involved:
Constructive service may allow the court to dissolve the marriage, but it may not give the court authority to decide every property, debt, alimony or financial claim. If an absent spouse and unresolved property are involved, consider speaking with a Florida attorney before deciding how to proceed.
For the broader missing-spouse procedure, visit our Florida divorce by publication guide.
When Our Document-Preparation Service May Be Appropriate
Divorce in Florida Online provides nonlawyer document preparation and general procedural information. Our service may be appropriate when you know what outcome you want, can provide complete information and do not need legal advice about your rights.
We have helped people throughout all 67 Florida counties prepare divorce documents remotely for more than 15 years. Depending on the case, our service may include document preparation, remote online notarization and assistance with electronic filing.
When You May Need a Florida Divorce Attorney
Legal advice may be appropriate when the case involves:
- A disagreement about whether property is marital or nonmarital
- Hidden, transferred or missing assets
- A contested home, business or investment property
- Business valuation
- Complex pensions, retirement accounts or military retirement
- A Qualified Domestic Relations Order
- Bankruptcy, foreclosure or major tax consequences
- Property located outside Florida
- An absent spouse and unresolved property or financial claims
- A request for advice about what division would be fair or legally advisable
Divorce in Florida Online is not a law firm and cannot represent either spouse, negotiate disputed terms, determine legal ownership or advise someone whether to accept a proposed settlement.
Frequently Asked Questions
What counts as property in a Florida divorce with no minor children?
Property may include real estate, vehicles, bank accounts, investments, retirement benefits, business interests, furniture, jewelry and other assets. Liabilities may include mortgages, credit cards, loans, taxes and other debts.
Does Florida divide marital property exactly 50/50?
Florida courts begin with the premise that marital assets and liabilities should be distributed equally. A judge may order an unequal distribution when the factors in Florida Statutes §61.075 justify it. Spouses may also reach their own agreement, subject to court approval.
What is the difference between marital and nonmarital property?
Marital property generally includes assets acquired and liabilities incurred during the marriage. Nonmarital property may include certain premarital assets, individual inheritances and individual gifts. Mixing funds, changing title or using marital money can make classification more complicated.
Can spouses agree on how to divide their property and debts?
Yes. Spouses who agree may document their decisions in a Marital Settlement Agreement. The agreement is submitted as part of the divorce case and remains subject to court approval.
What Florida divorce forms are commonly used when there is property but no minor child?
Forms may include Petition Form 12.901(b)(2), a Financial Affidavit, a Certificate of Compliance with Mandatory Disclosure and, in an agreed case, Marital Settlement Agreement Form 12.902(f)(2). The exact documents depend on the circumstances and filing method.
Can a Florida divorce with property be completed without a court hearing?
Some qualifying mutual-agreement cases may be finalized without the spouses appearing at a hearing. Court procedures vary, and the judge decides whether the documents are sufficient and whether a hearing is necessary.
What happens if my spouse will not sign the property agreement?
If the spouse can be located but will not sign, the case may proceed through personal service by summons. The court, rather than a document preparer, resolves any property issues the spouses cannot settle.
Can property be resolved when my spouse cannot be located?
Not always. Publication may allow the marriage to be dissolved after a diligent search, but the court may lack authority to resolve some property, debt, alimony or other financial claims. Attorney review may be appropriate before filing.
Tell Us About Your Situation
If you know what property and debts are involved, tell us whether you and your spouse agree and whether your spouse can be located. We will contact you to gather more details, determine whether the requested document preparation is within our scope and request any additional information we may need.
Official Florida Resources
- Florida Statutes §61.075 — Equitable Distribution
- Florida Statutes §49.011 — Constructive Service
- Florida Statutes §49.10 — Publication and Proof
- Florida Courts Family Law Forms
Divorce in Florida Online is not a law firm and does not provide legal advice or legal representation. We provide nonlawyer document preparation and general procedural information. If you need advice about your legal rights, disputed property or the terms you should accept, consult a licensed Florida attorney.