Simplified Dissolution of Marriage in Florida

Florida offers a streamlined path to ending a marriage called simplified dissolution. Governed by Florida Statutes Section 61.052(2), this procedure is designed for couples who meet strict eligibility criteria, agree on the division of all property and debts, and want to resolve their divorce quickly and with minimal court involvement.

Simplified dissolution is significantly faster and less expensive than a regular dissolution of marriage. However, it comes with trade-offs — most notably, there is no right to a trial or appeal. This article explains who qualifies, how the process works, what it costs, and when a regular divorce may be the better option.

Eligibility Requirements

Not every couple can use the simplified dissolution process. Florida Statutes Section 61.052(2) sets out specific conditions that both spouses must meet:

No minor or dependent children. The couple must not have any minor children together, and the wife must not be pregnant at the time of filing. This includes biological children, adopted children, and any children for whom the parties share legal responsibility.

Mutual agreement on property and debts. Both spouses must have already reached a complete agreement on the division of all marital assets and liabilities. There is no mechanism within the simplified dissolution process for a court to resolve property disputes — if you cannot agree, you must use the regular dissolution process.

Both spouses agree the marriage is irretrievably broken. Florida is a no-fault divorce state. Under the simplified dissolution track, both parties must certify that the marriage is irretrievably broken. This differs from a regular dissolution, where only one spouse needs to assert irretrievable breakdown. In a simplified dissolution, mutual agreement on this point is required as part of the joint petition.

Neither spouse seeks alimony. The simplified dissolution process does not allow either party to request spousal support. If either spouse wants alimony, the couple must proceed through a regular dissolution.

Residency requirement. At least one spouse must have been a resident of Florida for at least six months before filing the petition. This is the same residency requirement that applies to all Florida divorces.

Both spouses agree to the simplified procedure. Both parties must voluntarily consent to the simplified dissolution. If one spouse refuses to participate, the other must file a regular petition for dissolution of marriage.

The Filing Process

Once both spouses confirm they meet the eligibility requirements, the process follows these steps:

1. Complete the petition. Both spouses jointly complete a Petition for Simplified Dissolution of Marriage (Florida Supreme Court Approved Family Law Form 12.901(a)). Unlike a regular divorce, where one spouse files and serves the other, the simplified petition is filed by both parties together.

2. Prepare a financial affidavit. Each spouse must complete a Financial Affidavit (Form 12.902(b) or 12.902(c), depending on income level). These affidavits disclose each party’s income, expenses, assets, and liabilities. While the court does not resolve property disputes in a simplified dissolution, the financial affidavits ensure that both parties are making informed decisions about the settlement.

3. Draft a marital settlement agreement. Although the simplified dissolution form itself addresses the division of property, many couples also prepare a separate Marital Settlement Agreement that details who receives which assets and who assumes responsibility for which debts. This document becomes part of the court record and is enforceable after the final judgment.

4. File with the clerk of court. Both spouses file the completed petition and financial affidavits with the clerk of the circuit court in the county where either spouse resides. The filing fee varies by county but is typically between $300 and $410.

5. Both spouses attend the final hearing. Both parties must appear before a judge for a brief hearing. The judge will confirm that both spouses understand the terms of the agreement, that the eligibility requirements are met, and that the marriage is irretrievably broken. If the judge is satisfied, a Final Judgment of Simplified Dissolution of Marriage is entered at the hearing or shortly afterward.

The entire process — from filing to final judgment — can be completed in as little as a few weeks, depending on the court’s calendar. There is no mandatory waiting period specific to simplified dissolution, though court scheduling may introduce some delay.

No Right to Trial or Appeal

The most significant trade-off of simplified dissolution is the waiver of procedural rights. When both spouses agree to the simplified process, they give up:

• The right to a trial. There is no discovery phase, no depositions, and no opportunity to present evidence or call witnesses on contested issues. The process assumes everything is agreed upon before filing.
• The right to appeal. The final judgment in a simplified dissolution is generally not appealable. Because both parties voluntarily agreed to all terms and appeared before the judge to confirm their agreement, courts treat the judgment as final.

This means that if one spouse later discovers that the other failed to disclose a significant asset, the remedies available are limited. While fraud may provide a basis for setting aside the judgment, the standard for proving fraud is high and the process of challenging a final judgment is costly and uncertain.

For couples with straightforward finances and genuine agreement, this trade-off is acceptable. For those with complex assets, business interests, or any doubt about full disclosure, a regular dissolution with formal discovery protections is the safer choice.

Cost Comparison: Simplified vs. Regular Dissolution

One of the primary reasons couples choose simplified dissolution is cost savings.

Many couples complete a simplified dissolution without hiring attorneys at all, relying on the court-approved forms and the clerk’s office for procedural guidance. However, even in a simplified case, consulting with a family law attorney before filing can help ensure that the settlement terms are fair and that no significant issues have been overlooked.

For an overview of divorce costs generally, see our guide on how much divorce costs.

When Simplified Dissolution Is Not Appropriate

Even if you technically qualify, there are situations where a regular dissolution may serve your interests better:

• Complex finances. If you and your spouse own a business, have significant retirement assets, or hold property in multiple states, the informal nature of simplified dissolution may not provide adequate protection.
• Power imbalances. If one spouse controls the finances and the other has limited visibility into the couple’s assets and debts, the formal discovery process in a regular dissolution provides safeguards that simplified dissolution does not.
• Uncertainty about agreement. If the agreement on property division was reached under pressure or without full information, the inability to appeal a simplified dissolution judgment is a serious risk.
• Future alimony needs. The simplified process does not allow alimony. If you may need financial support after the divorce — even temporarily — you must use the regular process.

For a comparison of contested and uncontested divorces, see our article on contested vs. uncontested divorce.

What to Do Next

If you are considering a simplified dissolution of marriage in Florida, take these steps:

1. Confirm eligibility. Review the requirements under FL Stat 61.052(2). You must have no minor children, no pregnancy, no alimony claims, and complete agreement on property and debt division.
2. Gather financial documents. Even in a simplified case, both spouses must complete financial affidavits. Collect recent pay stubs, tax returns, bank statements, and records of all assets and debts.
3. Draft a clear settlement agreement. Put the terms of your property division in writing. A marital settlement agreement protects both parties by creating an enforceable record of what was agreed upon.
4. Consider consulting an attorney. A brief consultation can identify issues you may have overlooked and confirm that the simplified process is appropriate for your situation. Schedule a free consultation to discuss your options.
5. File the petition together. Both spouses must file jointly and both must appear at the final hearing. Coordinate your schedules to ensure you can complete the process without delay.

For a broader overview of the divorce filing process, see our guide on how to file for divorce. For more on Florida-specific property division rules, see our article on equitable distribution in Florida.