Eligibility under Rule 12.105
Florida Family Law Rule of Procedure 12.105 sets out the eligibility test for simplified dissolution. Every box must be checked, failing any single requirement means the couple must file a regular uncontested case instead.
- The marriage is irretrievably broken
- Neither spouse is pregnant
- There are no minor or dependent children of the marriage
- Neither spouse seeks alimony
- Both spouses have agreed on division of property and debts
- Both spouses meet the 6-month Florida residency requirement (or at least one does, depending on the circuit's local interpretation)
- Both spouses are willing to appear at the final hearing together
Required forms
Simplified dissolution uses a specific set of Florida Supreme Court approved family law forms.
- Petition for Simplified Dissolution of Marriage (Form 12.901(a))
- Marital Settlement Agreement for Simplified Dissolution of Marriage (Form 12.902(f)(3))
- Family Law Financial Affidavit (long-form or short-form depending on income)
- Final Disposition Form
How simplified differs from regular uncontested
The simplified track is faster because the spouses jointly petition rather than one filing against the other, there is no respondent to serve and no waiting on an answer. The trade-off is the strict eligibility rules and the requirement that both spouses appear at the final hearing.
When regular uncontested is the better fit
Couples with any of the disqualifying factors, minor children, alimony, or a spouse who cannot attend a hearing, file a regular uncontested case. The substantive forms and review by the judge are different, but the underlying agreement-driven approach is the same.