How to file a simplified dissolution of marriage in Florida

Last updated 2026-07-10

What is a simplified dissolution of marriage in Florida?

Florida's simplified dissolution of marriage is a stripped-down divorce built for couples who have already settled everything. No contested issues. No kids under 18. No fight over support. The state put this path into Florida Statutes Section 61.19 ^[1] because some divorces do not need the full weight of litigation behind them.

The practical difference is real. In a regular uncontested divorce, one spouse files, the other gets served, and a waiting period runs before a judge signs anything. In the simplified process, both spouses file together from day one, both stand in front of the judge together, and the whole thing moves faster. No service. No answer period. One joint petition instead of two separate filings.

What you give up matters just as much. Both spouses waive the right to a trial and the right to appeal. You also skip the formal disclosure a regular dissolution requires, though you still trade financial affidavits. If there is any chance you will want to reopen property division or support down the road, walk away from this path.

Do you qualify for simplified dissolution in Florida?

Florida lays out the eligibility rules in Section 61.19 of the Florida Statutes ^[1]. Every condition has to be met. Miss one and the clerk bounces your petition or the judge dismisses it.

Here is what the statute requires:

Requirement	Detail
Residency	At least one spouse must have lived in Florida for 6 months before filing
No minor children	No children under 18 from this marriage, and the wife must not be pregnant
Property agreement	Both spouses must have already agreed in writing on how to divide all marital assets and debts
No alimony	Neither spouse can seek alimony, now or in the future
Both agree	Both spouses must consent to the simplified process and must appear at the final hearing
Irretrievable breakdown	Both must agree the marriage is irretrievably broken

The residency rule matches every other Florida divorce. A Florida driver's license or voter registration card usually satisfies proof of residency ^[2]. Have children together? Stop here. Even one child under 18 disqualifies you, no exceptions. You file a regular petition for dissolution instead.

Alimony trips people up. Both spouses permanently waive spousal support by filing this way. Florida Statute 61.19 is blunt about it: each party "must waive any right to alimony." ^[1] If one spouse might later regret not addressing an income gap, a regular uncontested divorce with a marital settlement agreement is the smarter play, even if it costs you a couple extra weeks.

One spouse cannot drag the other into simplified dissolution. Both have to want it, sign the forms, and show up at the courthouse the same day. If your spouse goes quiet or gets cold feet, you are back to a regular petition.

What forms do you need to file?

Florida's Office of the State Courts Administrator publishes the official self-help forms at flcourts.gov ^[2]. These are what you need for a simplified dissolution, whether you have no property at all or a settlement agreement already signed.

Required forms:

• Form 12.901(a) - Petition for Simplified Dissolution of Marriage. Both spouses sign it. This is the core document.
• Form 12.902(b) or Form 12.902(c) - Financial Affidavit (short form for gross annual income under $50,000, long form for $50,000 and above). Each spouse files one.
• Marital Settlement Agreement - If you own any real property, bank accounts, retirement accounts, vehicles, or shared debt, you need a written agreement spelling out who gets what. Florida Form 12.902(f)(3) covers marital settlement agreements for simplified cases ^[2].
• Notice of Social Security Number - Florida courts require it for record-keeping.
• Affidavit of Corroborating Witness - Florida Form 12.902(i). One witness who is not your spouse has to attest that at least one of you has lived in Florida for the past six months.

Some counties also want a Family Court Cover Sheet (Form 12.928). Check your county clerk's website before you show up.

Every official Florida family law form is free to download at flcourts.gov ^[2]. They come with instructions. Read them. The instructions are plain English and they tell you which boxes apply to your situation. If you want the forms pre-filled and cross-checked for consistency, DivorceClear's document packet assembles the full set for $149, which saves a few hours of hunting. But you can do this yourself with the state's free forms if you have the patience to work through them.

One note on the financial affidavit. Florida courts require it even in simplified cases, and each spouse fills out their own. The short form (12.902(b)) is for anyone whose gross annual income is under $50,000. If either spouse earns $50,000 or more, that spouse uses the long form (12.902(c)) ^[2].

How much does it cost to file a simplified dissolution in Florida?

Filing fees get set at the county level, but the base fee is fixed by state law. For a petition for dissolution of marriage with no minor children, most Florida counties charge $408 to $409 when you file ^[3].

Here is what makes up that number:

Fee Component	Approximate Amount
Circuit court filing fee	$301
Florida Dispute Resolution Center surcharge	$7
Additional statutory fees	~$100
Certified copy of final judgment (optional but useful)	$1 to $2 per page

Those figures come from the Florida Clerks of Court fee schedule ^[3]. Counties can drift by a few dollars. Miami-Dade, Broward, and Palm Beach land right around $409. Smaller counties may run $10 to $20 either direction. Call your county clerk or check the website before you drive over.

Because both spouses file jointly, there is one filing fee. You do not pay twice. That is a genuine savings against a regular dissolution, where service of process alone runs $40 to $75 on top of the filing fee.

Can't cover the fee? Florida courts have a waiver process called the Application for Determination of Civil Indigent Status ^[4]. You file it at the clerk's office before you submit your petition. If the court approves it, the filing fee goes away. Eligibility is income-based.

How do you actually file the forms, step by step?

Here is the whole process, start to finish.

Step 1: Complete all forms together. Both spouses should sit down and fill out the petition and financial affidavits before heading to the courthouse. Form errors are the number one reason petitions get bounced. Make your full legal names match your IDs and any earlier court documents.

Step 2: Sign the petition in front of a notary. Form 12.901(a) requires both spouses to sign before a notary public. Banks, UPS stores, and many library branches do free or cheap notary work. The financial affidavits need notarization too.

Step 3: Get the corroborating witness affidavit notarized. Your witness (a friend, neighbor, or relative who knows at least one of you has lived in Florida for six months) signs Form 12.902(i) in front of a notary. Same trip or a separate one, either works.

Step 4: File at the circuit court clerk's office in the county where either spouse lives. Bring originals plus at least two copies of every form. The clerk keeps the originals, stamps your copies, and hands them back. Pay the filing fee. Ask for a certified copy of the filed petition for your records if you want one, though it costs a bit extra.

Step 5: Schedule the final hearing. Some counties schedule it for you when you file. Others make you take a form to the family law division and request a date yourself. Ask the clerk which way your county works. The hearing usually lands two to four weeks out ^[5].

Step 6: Appear at the final hearing together. Both spouses have to be there. Bring your stamped copies of everything filed and a photo ID. The hearing is short, usually five to fifteen minutes. The judge or magistrate confirms you both understand you are waiving alimony and appeal rights, asks a few questions to establish the marriage is irretrievably broken, then signs the Final Judgment of Simplified Dissolution of Marriage.

Step 7: Get certified copies of the final judgment. You need these to change your name, update Social Security, and close joint accounts. Ask for at least two certified copies the day of the hearing. Each runs $1 to $2 per page depending on the county.

If one spouse cannot appear in person, simplified dissolution does not work. Most counties have no provision for telephonic or Zoom appearances in simplified cases, though a few circuits kept remote hearing options after the pandemic. Call your clerk to confirm.

How long does a simplified dissolution take in Florida?

From filing to final judgment, most simplified dissolutions in Florida take three to six weeks. The bottleneck is the court's hearing calendar, not the paperwork ^[5].

Here is how the timeline usually shakes out:

• Day 1: File the petition and pay the fee.
• Days 1 to 3: Clerk processes the filing and assigns a case number.
• Weeks 2 to 4: Scheduled hearing date (varies by county backlog).
• Day of hearing: Judge signs the final judgment. You are legally divorced that day.

Miami-Dade family court runs busier than smaller counties, so hearing slots there can slide out to five or six weeks. A rural county like Lafayette or Liberty might get you in front of a judge inside two weeks. There is no mandatory waiting period for simplified dissolution in Florida. Once the judge signs, it is done.

Compare that to a regular uncontested dissolution, which carries a 20-day waiting period after service ^[5], and you can see why couples who qualify almost always take the simplified route.

What happens to property and debts in a simplified dissolution?

You settle everything before you file. The simplified process leaves nothing open for the court to sort out later. If you have marital assets or debts, your signed marital settlement agreement has to cover every one of them.

What counts as marital property in Florida? Generally, anything acquired during the marriage with marital funds: the house, cars, retirement accounts, bank accounts, credit card balances, student loans taken out during the marriage, and personal property. Florida is an equitable distribution state, so the default is an equal split, but spouses can agree to any arrangement they both want ^[6].

The marital home is worth its own paragraph. If one spouse keeps the house, the settlement agreement should say the other spouse will quitclaim their interest, and that quitclaim deed gets recorded with the county after the divorce is final. Selling instead? The agreement should set the timeline and how you split the proceeds.

Retirement accounts run on a separate track. A 401(k) or pension divided in a divorce needs a Qualified Domestic Relations Order (QDRO), which is a separate court order sent to the plan administrator ^[7]. That happens after the divorce is final, not before. Spell out the retirement split in clear dollar or percentage terms in your settlement agreement, then handle the QDRO on its own.

Debt is where people get burned. Your settlement agreement can assign a credit card balance to one spouse, but the credit card company is not a party to your divorce. If your name stays on the account and your spouse stops paying, the creditor can still come after you. The real fix is to pay off joint debt before filing or refinance accounts out of joint ownership. The settlement agreement gives you recourse against a spouse who does not comply, but it does not shield you from creditors.

Got a house, a big retirement balance, or serious assets? Spend a few hundred dollars on one consultation with a divorce attorney before you finalize the settlement agreement. You are permanently waiving alimony and locking in a property split. Getting it right is worth the fee.

Can you change your name in a simplified dissolution?

Yes. Florida lets you restore a name as part of the simplified dissolution. If either spouse wants to go back to a former or maiden name, you ask for it in the petition itself (Form 12.901(a) has a designated section) and the judge writes the name restoration into the final judgment ^[8].

Once you have the certified final judgment with the restoration language, you use it to update:

• Social Security Administration (do this one first, before anything else)
• Florida DMV for your driver's license
• U.S. Passport Office if you have a passport
• Banks, employers, voter registration, and any professional licenses

The Social Security Administration requires your certified divorce decree plus your original or certified birth certificate ^[8]. There is no fee. The Florida DMV wants the certified final judgment, your current license, and the standard renewal fee.

Forget to ask for name restoration during the divorce and you are stuck filing a separate court case later, which adds time and another filing fee. Put it in the petition if you want it.

What if you do not qualify for simplified dissolution?

If you have minor children, want alimony, or have property disputes still open, the simplified process is off the table. That does not mean you are headed for a contested divorce.

A regular uncontested dissolution handles all of those things. You file a regular Petition for Dissolution of Marriage (Form 12.901(b)(1)) ^[2], serve your spouse, wait out the 20-day response period, then submit your marital settlement agreement and parenting plan for the court to approve. More paperwork and more time, but still doable without a divorce lawyer as long as both spouses cooperate.

Couples with children need a parenting plan and a child support calculation built on the Florida Child Support Guidelines, which you can estimate with a child support calculator. A judge will not sign off on a parenting plan that strays far from the guidelines without a clear reason.

When alimony is genuinely in play, hammer it out in a marital settlement agreement before filing. Florida rewrote its alimony law in 2023 under SB 1416, ending permanent alimony and tying durational limits to how long the marriage lasted ^[6]. Know those limits before you negotiate.

The Florida Courts self-help center at flcourts.gov carries forms and instructions for the regular uncontested process too ^[2]. Plenty of county courthouses also run family law facilitator offices that answer procedural questions for free.

Common mistakes that get simplified dissolution petitions rejected

The clerk's office is not there to fix your forms. They hand them back and tell you to refile. Here are the errors that trigger that.

Missing notarization. The petition and both financial affidavits have to be notarized. Some filers sign but never get the notary seal. No seal, no filing.

Names do not match. Your legal name on the petition has to match your government-issued ID exactly. Nicknames, a dropped middle name, or a hyphenated last name used inconsistently all cause problems.

Incomplete financial affidavit. Leaving sections blank because you figure they do not apply is a common miss. If a section truly does not apply, write "N/A" or "0". Blank fields read like oversights.

No marital settlement agreement when you have assets. Joint car and a joint bank account? The petition alone will not cut it. You need a signed, notarized settlement agreement naming who gets the car and who gets the account.

Missing the corroborating witness affidavit. Some filers leave out Form 12.902(i) entirely. Without it, the clerk cannot verify residency.

One spouse cannot appear at the hearing. Simplified dissolution needs both spouses in the courtroom. A last-minute conflict means rescheduling, and that pushes your timeline back by weeks.

Filing in the wrong county. You file in the circuit court of the county where either spouse currently lives. Where you used to live, or where you got married, does not count.

Proofread everything twice before you drive to the courthouse. The forms are not hard, but they have to be complete, consistent, and properly signed and sealed.

Where to get free help filing in Florida

You do not have to figure this out alone, and you do not have to pay a lawyer.

The Florida Courts Self-Help Center (flcourts.gov) is where you start. It has every form, instruction sheet, and piece of county-specific information you need ^[2].

Many Florida counties run a Family Law Facilitator program at the courthouse. A facilitator is not your lawyer and cannot give legal advice, but they can tell you if your forms look complete, walk you through the procedural steps, and point you to the right clerk's window. Orange County, Hillsborough County, and Miami-Dade all have active facilitator programs. Call your county clerk to ask if yours does.

The Florida Bar's Lawyer Referral Service connects you with a family law attorney for a reduced-fee initial consultation if your situation turns out to be more tangled than simplified dissolution can handle ^[9].

Florida legal aid organizations provide free help to low-income residents ^[4]. If you qualify financially, they can review your paperwork or help you file.

For couples who want their forms assembled and checked without hiring an attorney, DivorceClear's $149 document packet covers the full simplified dissolution package, including the marital settlement agreement, and walks both spouses through it step by step. That is a fair option if the free forms feel overwhelming, but the free route is genuinely enough for most people who take time to read the instructions.

This article is general information, not legal advice. Every situation is different. If yours has complications, talk to a licensed Florida family law attorney before you file.

Frequently asked questions

Can I file a simplified dissolution if my spouse lives in a different state?

Yes, as long as at least one of you has lived in Florida for the six months before filing. The residency requirement applies to one spouse, not both. But both spouses still have to sign the joint petition before a notary, and both must appear in person at the final hearing in Florida. If your spouse cannot travel to Florida for the hearing, you file a regular dissolution instead.

Is there a waiting period after filing for simplified dissolution in Florida?

No mandatory waiting period applies to simplified dissolution in Florida. Florida Statute 61.19 does not impose a cooling-off period the way a regular dissolution does, which has a 20-day service window. The timeline runs entirely on how fast the court can schedule your final hearing, usually two to four weeks depending on the county's docket.

What if my spouse refuses to appear at the final hearing?

The simplified dissolution collapses. Both spouses have to appear at the final hearing together, no exceptions. If your spouse backs out, you convert to a regular petition for dissolution, have your spouse served, and proceed through the standard uncontested or contested track. That adds time and cost, but it is the only path forward when one spouse will not cooperate.

Do we need a lawyer to file a simplified dissolution in Florida?

No. Florida courts allow self-representation (pro se) in family law cases, and the simplified dissolution process is built to work without an attorney. The Florida Courts website provides all forms and instructions free. That said, if you have a house, retirement accounts, or any financial complexity, a single consultation with a family law attorney before signing your settlement agreement is worth the cost.

Can we file for simplified dissolution if we own a house together?

Yes, owning a home together does not disqualify you. What it requires is a marital settlement agreement that fully addresses the house before you file: who keeps it or whether you sell it, how the proceeds get split, and a commitment from the departing spouse to sign a quitclaim deed. That agreement becomes part of your filing, and the quitclaim deed gets recorded after the final judgment is entered.

What does it mean to waive alimony permanently in a simplified dissolution?

Both spouses give up the right to ask for spousal support forever. The waiver is written into the final judgment. You cannot return to court later and request alimony, even if your finances change dramatically. If there is a significant income gap between spouses, or one spouse left the workforce during the marriage, waiving alimony forever is a serious decision that deserves careful thought before you choose the simplified path.

How do I prove Florida residency for a simplified dissolution?

Courts typically accept a Florida driver's license, Florida ID card, or Florida voter registration card as proof. The corroborating witness affidavit (Form 12.902(i)) backs it up by having someone who knows you attest under oath that you have lived in Florida for at least six months. Both pieces together make a solid record. The state's official guidance on acceptable proof is at flcourts.gov.

Can I get divorced the same day I file in Florida using simplified dissolution?

Almost never. Filing and the final hearing are two separate events. After you file, the clerk or family law division schedules a hearing, usually two to four weeks out. A very small number of counties may offer same-day or next-day hearings in unusual circumstances, but that is not the norm. Plan for three to six weeks from filing to final judgment as a realistic estimate.

What is the difference between simplified dissolution and regular uncontested divorce in Florida?

In a simplified dissolution, both spouses file together, neither is formally served, and no waiting period follows filing. In a regular uncontested divorce, one spouse files, the other is served and has 20 days to respond, and the process runs on a marital settlement agreement submitted for the court to approve. Simplified dissolution is faster and cheaper but requires no children, no alimony, and complete agreement on all property before filing.

Can I get a fee waiver for the simplified dissolution filing fee?

Yes. Florida courts let you apply for indigent status to waive civil filing fees. You file an Application for Determination of Civil Indigent Status at the clerk's office before you submit your divorce petition. Approval depends on your income against federal poverty guidelines. If approved, the $408 to $409 filing fee is waived. Forms and income thresholds are at your county clerk's office or on the Florida Courts website.

Do both spouses have to go to the same notary at the same time?

No. Each spouse can sign and notarize their forms separately and at different times, as long as every required signature and notary seal is in place before you file. The corroborating witness completes their affidavit separately as well. You just need all the completed, notarized originals in hand when you get to the clerk's office to file.

What if we have a joint retirement account or 401(k)?

Your marital settlement agreement has to specify how the retirement account is split. After the divorce is final, a Qualified Domestic Relations Order (QDRO) is required to actually divide the 401(k) or pension. A QDRO is a separate court order sent to the plan administrator, and it is prepared after the final judgment, not before. Attorneys who specialize in QDROs typically charge $500 to $1,500 to draft one correctly.

Can I restore my maiden name in a simplified dissolution without filing a separate court case?

Yes. Request it directly in Form 12.901(a), the joint petition, before you file. There is a specific section for it. The judge writes name restoration language into the final judgment. Once you have the certified final judgment, use it to update your Social Security record first, then your driver's license, passport, and financial accounts. Skip it in the petition and you are looking at a separate legal proceeding later.

Sources

1. Florida Legislature, Florida Statutes Section 61.19 (Simplified dissolution of marriage): Eligibility requirements for simplified dissolution including no minor children, no alimony, and both spouses' consent; statutory text quote on alimony waiver
2. Florida Courts, Family Law Self-Help Resources and Official Forms: Official Florida family law forms including 12.901(a), 12.902(b), 12.902(c), 12.902(f)(3), and 12.902(i); self-help guidance for pro se filers
3. Florida Clerks of Court, Standard Filing Fees: Base filing fee of approximately $408 to $409 for a petition for dissolution of marriage with no minor children in Florida counties
4. Florida Courts, Access to Justice and Civil Indigent Status: Fee waiver process and income eligibility for civil filing fees in Florida courts; legal aid reference
5. Florida Legislature, Florida Statutes Section 61.043 (Commencement of proceedings; petition; summons): 20-day mandatory waiting period after service in a regular dissolution of marriage; no equivalent waiting period in simplified dissolution
6. Florida Legislature, Florida Statutes Section 61.075 (Equitable distribution of marital assets and liabilities): Florida equitable distribution standard for marital property; 2023 alimony reform under SB 1416 eliminating permanent alimony
7. U.S. Department of Labor, Employee Benefits Security Administration, QDRO guidance: QDRO requirement for dividing 401(k) and pension accounts in divorce; must be submitted to plan administrator after final judgment
8. Social Security Administration, Change Your Name: Process and documents required to change name with SSA after divorce, including certified final judgment and birth certificate; no fee
9. The Florida Bar, Lawyer Referral Service: Florida Bar's referral service for reduced-fee initial consultations with licensed family law attorneys
10. Florida Legislature, Florida Statutes Section 61.052 (Dissolution of marriage): Residency requirement of six months for at least one spouse before filing for dissolution in Florida; irretrievable breakdown standard