Simplified Dissolution of Marriage in Florida: Who Actually Qualifies
By Aliette Hernandez Carolan, Esq. · August 20, 2026 · 6 min read
Quick answer: A simplified dissolution of marriage is Florida's shortest divorce track. Both spouses file one joint petition, skip most of the usual pleadings, and appear together at a brief final hearing. The catch is who it is open to. You cannot have minor or dependent children, neither spouse can ask for alimony, your property has to be divided already, and both of you must show up in court. Most couples who search for a "simple divorce" do not qualify, and use a regular uncontested divorce instead.
Do you qualify for a simplified dissolution?
Six questions, based on the sworn certifications Florida requires. Nothing is saved and nothing is sent.
1. Have you or your spouse lived in Florida for at least the past 6 months?
Only one of you needs to meet it. This applies to every Florida divorce, not just the simplified one.
2. Do you both agree to the divorce and are you willing to file the petition together?
The simplified track is a joint petition. It does not work if one spouse will not participate.
3. Do you have no minor or dependent children together, no minor or dependent children born to the wife during the marriage, and the wife is not pregnant?
This is the requirement that disqualifies most couples. Answer yes only if all three are true.
4. Have you already agreed on how to divide your property and pay your joint debts?
The agreement has to be settled before you file, not worked out later.
5. Is neither spouse asking for alimony?
If either of you wants alimony, the simplified track is not available.
6. Are you both willing to sign the joint petition and appear in person at the final hearing?
Florida requires both spouses to appear before the court in a simplified dissolution.
This checker is general information, not legal advice, and it is not a determination by any court.
What a simplified dissolution actually is
Florida has two agreement-based paths out of a marriage. The simplified dissolution comes from Florida Family Law Rule of Procedure 12.105. Instead of one spouse petitioning and the other responding, you both sign a single joint petition, Form 12.901(a), and file it together. Most of the standard pleading and discovery requirements fall away, which is what makes it fast.
The other path is the regular uncontested divorce. It handles everything the simplified one cannot: children, alimony, a parenting plan, property that still has to be split. It is still an agreement, still paperwork rather than litigation, and it is what the large majority of amicable Florida couples actually file.
The six requirements, in plain language
Florida asks you to certify these under oath. Every one has to be true. There is no partial credit and no judicial discretion to waive them.
- Residency. You or your spouse has lived in Florida for at least the 6 months before filing. This one applies to every Florida divorce, not just this track.
- No children, no pregnancy. No minor or dependent children together, no minor or dependent children born to the wife during the marriage, and the wife is not pregnant. This is the requirement that disqualifies most couples.
- Property already divided. You have made a satisfactory division of your property and agreed on how joint debts get paid. Settled before you file, not worked out afterward.
- No alimony. Neither spouse is seeking alimony. If either of you wants it, this track closes.
- Filed jointly. Both spouses sign the petition. One unwilling spouse ends it.
- Both appear in court. The rule requires the parties to appear before the court, and the judge can ask you to testify.
There is a trade you are making by choosing this track. In exchange for speed, you give up the discovery process and the right to a trial and appeal on the terms. That is fine when you both genuinely know what you own and owe. It is a real risk if you are not certain your spouse has been complete about the finances.
Simplified versus regular uncontested
| Simplified dissolution | Regular uncontested | |
|---|---|---|
| Minor children | Not allowed | Allowed |
| Alimony | Not allowed | Allowed by agreement |
| Who files | Both spouses jointly | One spouse petitions |
| Financial affidavits | Generally not required | Generally required |
| Court appearance | Both spouses must appear | Often one or neither, county dependent |
| Right to trial and appeal | Waived | Preserved until judgment |
Notice the last two rows, because they surprise people. The simplified track is faster on paper but requires both of you to physically attend a hearing, while plenty of regular uncontested cases in Florida are finalized without either spouse appearing. Faster is not always less work.
Cost and timing
The filing fee is the same either way. Your county clerk sets it, and it is typically around $400 for a dissolution of marriage. What varies is what you spend getting the paperwork right: nothing if you complete the forms yourself, a flat fee for a preparation service, or hourly billing with an attorney. See our full Florida divorce cost breakdown for the line items.
On timing, the honest split is this. Preparing the documents usually takes 1 to 4 weeks, and filing takes another 1 to 2 weeks. After that the court sets your final hearing, and that date depends entirely on your county's docket. The court calendar is beyond our control. Our Florida timeline guide walks through what speeds each stage up.
If you do not qualify
Most people reading this page will not, and that is not bad news. Not qualifying for the simplified track says nothing about whether your divorce is amicable. It usually just means you have kids. A regular uncontested divorce adds a parenting plan and a child support worksheet, and it stays an agreement handled through prepared documents rather than a courtroom fight.
Start with our Florida uncontested divorce guide, or if children are involved, the Florida child custody basics guide.
Common questions
What is a simplified dissolution of marriage in Florida?
It is a shortened divorce track under Florida Family Law Rule of Procedure 12.105. Both spouses file one joint petition (Form 12.901(a)), skip most of the standard pleadings and discovery, and appear together at a short final hearing. It is available only to couples who meet every requirement of the rule.
Who qualifies for a simplified dissolution in Florida?
You qualify only if all of the following are true: one spouse has lived in Florida at least 6 months; you have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant; you have already divided your property and agreed on joint debts; neither spouse is seeking alimony; and both of you will sign the joint petition and appear in person at the final hearing.
How much does a simple divorce cost in Florida?
The court filing fee is set by your county clerk and is typically around $400 for a dissolution of marriage. On top of that you pay whatever you spend on preparing the paperwork, which ranges from nothing if you complete the forms yourself to a flat service fee, to hourly attorney billing. The filing fee is the same whether the case is simplified or regular uncontested.
How long does a simple divorce take in Florida?
The paperwork stage is the part you control, and it usually runs 1 to 4 weeks to prepare and 1 to 2 weeks to file. After filing, the court schedules the final hearing that both spouses attend, and that date depends on your county's docket. The court calendar is beyond our control.
Do I need a lawyer for a simplified dissolution in Florida?
No. The simplified track was designed to be used without an attorney, and clerk or family law intake staff provide the forms. Many couples still choose a document preparation service to make sure the current forms are used and the answers are consistent, or a one-time flat-fee attorney review of their agreement.
What if we have children? Can we still get a simple divorce?
Not the simplified one. Minor or dependent children rule out Rule 12.105 entirely. You would file a regular uncontested divorce, which adds a parenting plan and child support guidelines worksheet. It is still an agreement-based case handled with prepared paperwork, not a courtroom fight.
Do both spouses have to go to court for a simplified dissolution?
Yes. Rule 12.105(b) requires the parties to appear before the court in every simplified dissolution case, and the judge may ask you to testify. If one spouse cannot or will not appear, the simplified track is not available to you.
Bottom line
The simplified dissolution is a genuinely good deal for the narrow group it fits: no kids, no alimony, property already split, both spouses cooperative and able to attend a hearing. If that is you, it is the shortest route Florida offers. If it is not, the regular uncontested path gets you to the same place with a little more paperwork.
The Quick Divorce prepares current Florida forms for either path and tells you which one your facts support. See the options on the pricing page.
Disclaimer
The Quick Divorce is a self-help document preparation service for Florida residents, not a law firm. This article is general information, not legal advice. Florida law and court forms can change; confirm your situation with a licensed Florida attorney.
Sources
Links to the authoritative primary sources cited on this page.
- Florida Statutes: § 61.021, Residence requirements
- Florida Statutes: Chapter 61, Dissolution of Marriage
- Florida State Courts: Simplified Dissolution of Marriage forms & instructions
- Florida State Courts: Family Law Forms (Supreme Court approved)
- Florida State Courts: Family Law Self-Help Information