Florida Simplified Dissolution of Marriage

Florida Simplified Dissolution of Marriage

Florida's simplified dissolution is the fastest and least expensive way to end a marriage in the state. Cases can finalize in as little as 30 days. But the eligibility requirements are strict — fail to meet even one, and the clerk will reject your petition.

Who Qualifies

Both spouses must meet every one of these conditions:

• At least one spouse has been a Florida resident for six continuous months
• The marriage is irretrievably broken (both agree it cannot be saved)
• There are no minor or dependent children of the marriage
• The wife is not currently pregnant
• Neither spouse is seeking alimony
• Both spouses have agreed on the division of all assets and liabilities
• Both spouses waive the right to a trial and to appeal the final judgment
• Both spouses will attend the final hearing together

If any single condition is not met — even if you agree on everything else — you must use the regular dissolution track instead.

How the Process Works

Step 1: File the joint petition. Both spouses sign Form 12.901(a) together. Unlike a regular dissolution, there is no separate "petitioner" and "respondent." You file through the Florida Courts E-Filing Portal (myflcourtaccess.com) and pay the base filing fee of approximately $400 to $410.

Step 2: Skip service of process. Because both spouses sign the joint petition, formal service is not required. This saves the $40 to $100 sheriff service fee and eliminates the 20-day response waiting period.

Step 3: Financial disclosures are exempt. Simplified dissolutions are exempt from the mandatory financial disclosure rules under Rule 12.285. You do not need to file a financial affidavit or exchange bank statements, tax returns, or other financial documents with the court. However, you should still exchange financial information privately to make sure your agreement is based on accurate numbers — once the judge signs the decree, the division is permanent and cannot be appealed.

Step 4: Attend the final hearing together. Both spouses must appear before the judge. Bring a valid Florida driver's license or state ID to prove the six-month residency requirement. The judge will confirm the marriage is irretrievably broken and sign the Final Judgment of Dissolution.

Important Warnings

No written settlement agreement is technically required. There is a conflict between Florida's procedural rules and the official petition form on this point. Rule 12.105(c) says a marital settlement agreement must be filed. But Form 12.901(a) explicitly states you do not have to file one. In practice, most judges across Florida's 67 counties do not require one. The risk: without a written agreement on file, you have no recourse if your ex-spouse later disputes who got what.

No judicial review of fairness. Unlike a regular dissolution, the judge does not review your asset division for fairness. If you agree to give up retirement accounts worth $200,000 in exchange for furniture, the judge will not stop you.

No appeal. Both spouses waive all appeal rights by filing under this track.

When Regular Dissolution Is the Better Choice

Even if you technically qualify, consider the regular uncontested track if you have significant assets (retirement accounts, real estate, business interests), if either spouse earns substantially more than the other, or if the relationship has any power imbalance. The regular track gives you a written settlement agreement reviewed by a judge — a safeguard the simplified path does not offer.

The Florida Divorce Filing Process Guide includes a decision tree that walks you through which dissolution path fits your situation, plus step-by-step instructions for whichever track you choose.

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