Simplified Dissolution of Marriage in Florida

Florida's simplified dissolution of marriage is a streamlined procedure under Florida Family Law Rule of Procedure 12.105. When both spouses qualify and cooperate, the divorce can be finalized in as little as 30 to 60 days, with no formal mandatory disclosure and no trial.

Eligibility Requirements

To use simplified dissolution, every one of the following must be true:

• Both spouses agree the marriage is irretrievably broken
• The parties have no minor or dependent children together
• The wife is not pregnant
• At least one spouse has lived in Florida for the previous six months
• Neither spouse seeks alimony
• The parties have agreed on the division of all assets and debts
• Both spouses are willing to sign the petition together and to appear in court together at the final hearing

If any of these requirements is missing, the parties must use the regular dissolution procedure -- even if their case is otherwise completely uncontested. There is no partial simplified dissolution.

Procedure

Both spouses sign a single Joint Petition for Simplified Dissolution of Marriage and a Marital Settlement Agreement that divides all property and debts. Each spouse also files a Family Law Financial Affidavit, which exchanges basic income, expense, asset, and debt information. The petition is filed in the circuit court of the county where either spouse lives.

After the 20-day statutory waiting period, the clerk schedules a brief final hearing. Both spouses must appear in person before the judge or general magistrate. The judge confirms that the agreement is voluntary, that the financial disclosures are accurate, and that the parties truly want the divorce. If everything is in order, the judge signs the Final Judgment of Simplified Dissolution of Marriage at the hearing.

What You Give Up With Simplified Dissolution

The trade-off for speed is the loss of certain procedural protections:

• No mandatory disclosure under Florida Family Law Rule of Procedure 12.285. The parties exchange only basic financial affidavits, not tax returns, bank statements, or retirement statements.
• No discovery. You cannot subpoena records, depose your spouse, or use interrogatories.
• No reservation of jurisdiction to award alimony later. Once the judgment is entered, alimony is permanently waived.
• The settlement agreement, once signed and incorporated, is difficult to set aside. Claims of fraud or duress are heard under a high standard.

For these reasons, simplified dissolution is best suited to short marriages with simple finances and high mutual trust. It is the wrong vehicle for any case where one spouse may have hidden assets, where there is a substantial earning differential without a clear written waiver of support, or where the asset mix includes a business or significant retirement accounts that require careful valuation.

When to Choose Uncontested Divorce Instead

If you have children together, if either spouse wants the option to seek alimony, or if you want full mandatory disclosure before signing a settlement, an uncontested divorce is the right procedure. It takes a few weeks longer but provides every procedural protection of a fully litigated case and produces a final judgment that is just as final.

Call 786-522-1411 to discuss whether simplified dissolution is the right path for your situation.