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.

The Eligibility Requirements in Detail

Each of the seven eligibility requirements under Rule 12.105 deserves a closer look, because the failure of any single requirement disqualifies the couple from the procedure entirely.

Six-Month Florida Residency

At least one spouse must have resided in Florida for the six months immediately preceding the filing of the petition under Florida Statutes § 61.021. Residency is a question of physical presence combined with intent to remain in Florida indefinitely. Proof typically consists of a Florida driver license issued more than six months earlier, a Florida voter registration card, a Florida vehicle registration, or the corroborating testimony of a non-party witness. A spouse who has been physically present in Florida for less than six months -- even if his or her domicile of intent is Florida -- cannot satisfy the statute.

Irretrievable Breakdown of the Marriage

Both spouses must agree the marriage is irretrievably broken, the only no-fault ground available under FS § 61.052(1)(a). Florida does not require, and the court will not inquire into, the reasons for the breakdown. The alternative ground of mental incapacity for the preceding three years under FS § 61.052(1)(b) is not available in simplified dissolution because it cannot be jointly stipulated to.

No Minor or Dependent Children

The parties must have no minor children in common, and the wife must not be pregnant. The rule also disqualifies couples who have a dependent adult child -- an adult child who is incapacitated and whose support remains a parental obligation. If either spouse has a child from a prior relationship who is not a child of the marriage, that child does not disqualify simplified dissolution, but any child of the marriage of any age who remains a dependent does.

Neither Party Pregnant

The petition expressly recites that the wife is not pregnant. If a pregnancy is discovered between filing and final hearing, the parties must convert to a regular dissolution because the unborn child becomes a child of the marriage at birth and triggers all of the parenting plan and child support requirements.

No Request for Alimony

Neither spouse may seek alimony in a simplified dissolution. Both spouses must waive their right to alimony in the Marital Settlement Agreement. The waiver is permanent and cannot be revisited after the Final Judgment is entered. For a long-term marriage with significant earning disparity, this waiver is the single most consequential feature of the procedure.

Agreement on Property and Debts

The parties must have agreed in writing on the division of all marital property and debts. Partial agreement is not enough. The agreement must address every account, every parcel of real property, every vehicle, every retirement plan, every business interest, and every debt. Anything omitted from the property settlement agreement may be deemed waived, with serious consequences for the spouse who later discovers an undivided asset.

Joint Filing and Joint Appearance

Both spouses must sign the petition and both must personally appear in court together at the final hearing. There is no service of process in simplified dissolution because there is no adverse party -- the petition is filed jointly. A spouse who refuses to appear at the final hearing, even at the last minute, defeats the procedure.

What Disqualifies a Couple From Simplified Dissolution

The following circumstances require the parties to file a regular dissolution, even if their case is otherwise completely amicable:

Any minor or dependent child of the marriage
Current pregnancy
Either spouse wants to preserve a future claim to alimony, including bridge-the-gap, rehabilitative, or durational alimony
The parties have not yet agreed on the disposition of every asset and debt
One spouse will not appear in court
Neither spouse has lived in Florida for the preceding six months
Either spouse believes the other may be concealing assets
There is a need for the court to retain jurisdiction over an issue (such as enforcement of an installment payment of the equalizing payment)

There is no partial simplified dissolution. If any element is missing, the entire case must proceed under the regular dissolution rules.

The Property Settlement Agreement

While not technically labeled a "Marital Settlement Agreement," the property settlement agreement filed with a simplified dissolution petition serves the same function and is governed by general principles of Florida contract law and FS § 61.075. At a minimum, the agreement should:

Identify every marital asset by description, account number where applicable, and approximate value
Allocate each asset to one spouse, with provision for the mechanics of transfer (deed, beneficiary change, account closure)
Identify every marital debt and allocate responsibility for it, including an indemnification clause protecting the non-obligated spouse from collection
Contain a clear, mutual, and express waiver of alimony
Address health, life, automobile, and homeowner insurance during the pendency of the case
Address the disposition of the marital home (sale, buyout, or retention by one spouse) and the responsibility for the mortgage, taxes, and insurance until disposition
Include a general release of any other claim arising out of the marriage

The Petition and Required Documents

The petition is filed on Form 12.901(a), the Petition for Simplified Dissolution of Marriage, which both spouses sign before a notary or deputy clerk. The full filing package typically includes:

Petition for Simplified Dissolution of Marriage (Form 12.901(a))
Marital Settlement Agreement for Simplified Dissolution (Form 12.902(f)(3))
Family Law Financial Affidavit from each spouse (Form 12.902(b) or 12.902(c))
Notice of Social Security Number (Form 12.902(j))
Civil Cover Sheet for Family Court (Form 12.928)
Final Judgment of Simplified Dissolution of Marriage (Form 12.990(a)) for the judge's signature
If either spouse seeks restoration of a former name, the appropriate request is included in the petition and Final Judgment

Filing Fees in Miami-Dade and Fee-Waiver Options

The Miami-Dade Clerk of the Courts currently charges approximately $409 for the filing of a dissolution of marriage petition. There is no separate summons fee in simplified dissolution because no service is required. A spouse who cannot afford the filing fee may apply for civil indigent status under Florida Statutes § 57.082 by filing an Application for Determination of Civil Indigent Status. The clerk reviews the application and, if approved, defers the filing fee. Approval is generally based on household income below 200% of the federal poverty guidelines, though the clerk has discretion to consider extenuating circumstances.

The 20-Day Waiting Period and Final Hearing

Florida imposes a 20-day statutory waiting period between the filing of any dissolution petition and the entry of the Final Judgment under FS § 61.19. The waiting period may be waived only for limited cause, such as injustice that would result from the delay; in practice the waiting period is observed in nearly every case. After 20 days have passed, the clerk schedules the final hearing.

The final hearing in a simplified dissolution lasts five to ten minutes. Both spouses appear in person before a circuit judge or general magistrate. The judge places both spouses under oath and asks each to confirm:

Residency for at least six months
That the marriage is irretrievably broken
That each spouse has read, understood, and voluntarily signed the property settlement agreement
That the financial affidavits are true and accurate
That neither party seeks alimony and that the waiver is knowing and voluntary
That the parties truly want the divorce

If everything is in order, the judge signs the Final Judgment at the hearing. The marriage is dissolved as of the date of the Final Judgment.

Restoration of a Former Name

Either spouse may request restoration of a former last name as part of the simplified dissolution. The request is made in the petition and granted in the Final Judgment with no additional filing fee. The certified Final Judgment serves as legal proof of the name change for purposes of obtaining a new driver license, Social Security card, and passport.

Why Some Eligible Couples Should Not Use Simplified Dissolution

Eligibility under Rule 12.105 is not the same as advisability. Several features of the procedure cut against its use in cases that look simple on the surface:

No court oversight of fairness. The court does not independently evaluate whether the property settlement agreement is equitable. It accepts the parties' allocation at face value. A spouse who agreed to a lopsided division because of pressure, lack of information, or misunderstanding of the value of an asset has very limited recourse after the judgment is entered.
Waiver of mandatory disclosure invites concealment. Without the supporting documentation required by Rule 12.285(d), a spouse who suspects nothing has no way to detect undisclosed accounts, business interests, cryptocurrency, or stock options. The Family Law Financial Affidavit is a self-reported document; it is only as honest as the spouse who signed it.
No reservation of jurisdiction over alimony. Once the Final Judgment is entered, alimony is permanently waived. A spouse who later becomes ill, loses a job, or discovers that the marital estate was larger than disclosed cannot return to court for support.
Difficulty setting the agreement aside. A property settlement agreement incorporated into a Final Judgment is reviewable only on grounds of fraud, duress, coercion, overreaching, or mistake -- and the standard is high. Buyer's remorse is not a basis.
No QDRO or detailed retirement-division mechanics. Simplified dissolution is poorly suited to cases involving 401(k), pension, or other retirement assets that must be divided by a Qualified Domestic Relations Order. The retention of QDRO counsel is itself outside the spirit of the streamlined procedure.

When to Switch to Regular Uncontested Dissolution

An uncontested divorce is the right procedure when the parties agree on everything but want the added protections of full mandatory disclosure, the option to reserve jurisdiction over enforcement, the ability to provide for alimony of any type, a parenting plan for minor children, or a detailed QDRO for retirement assets. The regular uncontested procedure adds only a few weeks to the timeline and a modest amount of attorney time, but it provides every procedural protection of a fully litigated case and produces a Final Judgment that is just as final. For any couple with children, any couple with significant retirement or business assets, or any couple where one spouse has had primary control of the finances, the regular uncontested procedure -- not simplified dissolution -- is the safer route.

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.