Simplified Dissolution of Marriage Florida: 2026 Guide
Simplified dissolution of marriage Florida explained: Form 12.901(a) requirements, timeline, and our $750 flat attorney fee (court costs separate).
Simplified dissolution of marriage in Florida is the fastest divorce path under F.S. 61.052(2), using Form 12.901(a). It requires no minor children, no alimony request, full agreement on property and debts, and both spouses appearing at a brief final hearing. Our firm prepares qualifying cases for a $750 flat attorney fee (court costs ~$408-$410 and notary are separate).
For spouses who agree on everything and meet a short list of conditions, Florida's simplified dissolution procedure offers the shortest route to a Final Judgment of Dissolution of Marriage. This guide explains exactly who qualifies, which forms you file, how the process works step by step, and how it compares to a regular uncontested divorce — so you can decide which path fits your situation before you commit.
What Is a Simplified Dissolution of Marriage in Florida?
A simplified dissolution of marriage is a streamlined divorce procedure created by Florida Statute 61.052(2). It lets both spouses jointly petition the court for a divorce using a single petition — Form 12.901(a), the Petition for Simplified Dissolution of Marriage — when their circumstances are uncomplicated and they agree on every issue.
Unlike a regular dissolution where one spouse files against the other, a simplified dissolution is filed together. Both spouses are petitioners. There is no "respondent," no service of process, and no 20-day answer period because neither spouse is suing the other. This cooperative structure is what makes the procedure faster, but it also comes with trade-offs: by choosing the simplified path, both spouses give up the right to a trial and the right to demand financial disclosure from each other.
The simplified procedure exists because the Florida Legislature recognized that not every divorce needs the full adversarial process. When a couple has no children together, no alimony dispute, and a clear agreement on dividing what they own and owe, the court's role is largely to confirm the marriage is irretrievably broken and enter the judgment.
Who Qualifies for Simplified Dissolution in Florida?
To use the simplified dissolution procedure under F.S. 61.052(2), every one of the following must be true. If even one condition fails, you cannot use Form 12.901(a) and must instead file a regular uncontested dissolution.
- No minor or dependent children: The couple has no minor children together, no dependent children, and the wife is not currently pregnant. "Dependent" can include an adult child who depends on the parties due to a disability.
- Neither spouse seeks alimony: Both spouses waive any claim to alimony (spousal support) of any kind — bridge-the-gap, rehabilitative, or durational under F.S. 61.08.
- Full agreement on property and debts: Both spouses agree on exactly how to divide all marital assets and all marital liabilities.
- Both spouses appear at the final hearing: Both must attend the final hearing in person (some counties allow appearance by video — confirm with your local clerk). If one spouse cannot or will not appear, the simplified path is unavailable.
- Residency satisfied: At least one spouse has lived in Florida for at least 6 months before filing, as required by F.S. 61.021.
- Both agree the marriage is irretrievably broken: Florida is a no-fault state (F.S. 61.052); both spouses must agree the marriage cannot be repaired.
The two trade-offs deserve emphasis. First, both parties give up the right to a trial. Second, both give up the right to financial disclosure — meaning you will not exchange a Family Law Financial Affidavit and you cannot force your spouse to prove their income or list their assets. If you are not completely confident you know the full marital picture, the regular uncontested path (which preserves disclosure) is the safer choice. For a broader look at the standard route, see our complete uncontested divorce guide.
Simplified Dissolution vs. Regular Uncontested Divorce
Both procedures end in the same place — a Final Judgment of Dissolution of Marriage — but they differ in who can use them and what protections apply. The table below compares the two uncontested paths.
| Feature | Simplified Dissolution (Form 12.901(a)) | Regular Uncontested (Form 12.901(b)(1) or (b)(2)) |
|---|---|---|
| Governing law | F.S. 61.052(2) | F.S. 61.052 / Chapter 61 |
| Minor or dependent children | Not allowed | Allowed (Form 12.901(b)(2)) |
| Alimony | Must be waived | Allowed (resolved in MSA) |
| Financial disclosure | Waived (no affidavit required) | Generally required, may be waived by Form 12.902(k) |
| Both spouses must appear at hearing | Yes | Often only the petitioner |
| Right to trial | Waived | Preserved until judgment |
| How filed | Jointly (both are petitioners) | One spouse files; other is served or joins |
| Settlement document | Form 12.902(f)(3) Marital Settlement Agreement | Marital Settlement Agreement (+ Parenting Plan if children) |
| Our flat attorney fee | $750 (court costs separate) | $750 (court costs separate) |
| Typical pace | Fastest | Fast, slightly more paperwork |
The headline difference: simplified dissolution is only for couples with no children and no alimony who are willing to waive disclosure and both appear in court. Everyone else who agrees on all issues uses the regular uncontested route. Importantly, our flat attorney fee is the same $750 either way, statewide in all 67 Florida counties — the path you take does not change the price.
What Forms Do You File for Simplified Dissolution?
Florida publishes standardized family law forms at flcourts.gov, and the simplified procedure uses a specific set. The core documents are:
- Form 12.901(a) — Petition for Simplified Dissolution of Marriage. The joint petition both spouses sign.
- Form 12.902(f)(3) — Marital Settlement Agreement for Simplified Dissolution of Marriage. This is where you divide property and debts in writing.
- Form 12.901(a)(2) — Affidavit/related certification confirming the parties meet the simplified criteria (requirements vary slightly by circuit).
- Final Judgment of Dissolution of Marriage (Simplified) — the order the judge signs to end the marriage.
Because the simplified procedure waives financial disclosure, you generally do not file a Family Law Financial Affidavit (Form 12.902(b) or 12.902(c)) the way you would in a regular dissolution. In a regular uncontested case where disclosure applies, spouses who agree can instead file Form 12.902(k) — the Notice of Joint Verified Waiver of Filing Financial Affidavits, authorized under Florida Family Law Rule 12.285 — but in simplified dissolution the waiver is built into the procedure itself.
The Marital Settlement Agreement (Form 12.902(f)(3)) is the centerpiece of the filing. It should clearly address each category of marital property (the home, vehicles, bank accounts, retirement) and each marital debt (mortgages, car loans, credit cards), stating exactly who receives what and who is responsible for which obligation. A vague or incomplete MSA is the most common reason a simplified case stalls — which is precisely where attorney preparation adds value.
How Does the Simplified Dissolution Process Work, Step by Step?
The simplified procedure follows a short, predictable sequence. While the court controls scheduling and timing varies by county, the steps are consistent statewide.
Florida has no mandatory waiting period after filing (0 days under Chapter 61), so the main variable is how quickly your county clerk can schedule the final hearing. Because the procedure skips service, answer periods, and disclosure exchanges, a simplified dissolution is often the fastest way to finalize when both spouses cooperate. For realistic ranges, see our guide on how long an uncontested divorce takes in Florida.
How Much Does a Simplified Dissolution Cost in Florida?
There are two separate cost buckets: the attorney fee and the court costs. Our firm prepares a qualifying uncontested or simplified dissolution for a $750 flat attorney fee — the same transparent price statewide in every one of Florida's 67 counties. Court costs are separate and paid by you to the clerk: the county filing fee is typically about $408-$410, plus notary fees (often around $50 per session) for signing your documents.
Unlike traditional family law representation billed at hourly rates that can total $5,000 to $7,500 in retainers, a flat fee tells you the attorney cost up front with no surprises. The total out-of-pocket for a straightforward simplified case is generally the $750 attorney fee plus roughly $408-$410 in filing fees and modest notary costs.
It is worth contrasting attorney-prepared documents with non-lawyer "online divorce" or document-typing services. A licensed Florida attorney prepares and reviews your petition and Marital Settlement Agreement, confirms your case actually qualifies as simplified, and answers your legal questions — work that non-lawyer form services cannot do, because they are prohibited from giving legal advice or catching substantive legal errors. For a deeper cost comparison, see our uncontested divorce cost guide and our overview of the cheapest ways to divorce in Florida.
Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk.
When Should You NOT Use Simplified Dissolution?
The simplified procedure is powerful precisely because it is narrow. You should not use Form 12.901(a) — and should instead consider a regular uncontested or, if you cannot agree, a different process — in these situations:
- You have minor or dependent children together, or the wife is pregnant. Children require a Parenting Plan and child support worksheet under F.S. 61.13; use Form 12.901(b)(2) instead.
- Either spouse wants alimony. Any spousal support claim under F.S. 61.08 disqualifies the simplified path.
- You are unsure about your spouse's finances. Simplified dissolution waives financial disclosure. If you suspect hidden or undisclosed assets, the regular process preserves your right to a Family Law Financial Affidavit and discovery. See our explainer on dissipation of marital assets.
- One spouse cannot or will not appear at the hearing. Both must attend; if that is impossible, the regular uncontested route may allow the petitioner to appear alone.
- You disagree on any issue. The moment spouses cannot agree on property, debts, time-sharing, child support, or alimony, the case is contested and no flat-fee uncontested procedure applies. See contested divorce in Florida.
Choosing the wrong procedure wastes filing fees and time. This is one reason attorney guidance matters even in "simple" cases — confirming eligibility before filing prevents a rejected petition and a second trip to the clerk.
An Attorney's Note on the Simplified Path
Having practiced Florida family law since 2006, I have seen the simplified procedure work beautifully for the right couples — and backfire for the wrong ones. The waiver of financial disclosure is the feature people most often overlook. It is genuinely convenient when two spouses know their finances inside and out and trust each other's honesty. But once you sign that Final Judgment, you cannot easily reopen the property division because you later discover an account you did not know about. The procedure trades a safety net for speed, and that trade only makes sense when there is nothing hiding under the marital balance sheet. Our firm's job at the $750 flat fee is to confirm your case truly fits the simplified criteria, prepare a complete and enforceable agreement, and make sure you understand the rights you are choosing to waive — Antonio G. Jimenez, Esq.
Frequently Asked Questions
See the FAQ section below for detailed answers to the most common questions about simplified dissolution of marriage in Florida.
Disclaimer
This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. Divorce Law PLLC can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.
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About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy
Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
What is a simplified dissolution of marriage in Florida?
A simplified dissolution of marriage is a streamlined divorce procedure under Florida Statute 61.052(2), filed jointly by both spouses using Form 12.901(a). It is available only when the couple has no minor or dependent children, neither spouse seeks alimony, both agree on dividing all property and debts, and both will appear at a brief final hearing. Because neither spouse sues the other, there is no service of process and no 20-day answer period, which makes it the fastest uncontested path. The trade-off is that both spouses waive the right to a trial and the right to financial disclosure from each other.
How much does a simplified dissolution cost in Florida?
Our firm prepares a qualifying simplified or uncontested dissolution for a $750 flat attorney fee — the same price statewide in all 67 Florida counties. Court costs are separate: the county filing fee is typically about $408-$410, and notary fees (often around $50 per session) for signing documents are also separate and paid by you. So a straightforward simplified case generally costs the $750 attorney fee plus roughly $408-$410 in filing fees plus notary. Court filing fees are set by each county clerk; as of June 2026, verify the current amount with your local clerk. A flat fee tells you the attorney cost up front, unlike hourly retainers that can run $5,000 to $7,500.
What forms do I need for a simplified dissolution in Florida?
The core form is Form 12.901(a), the Petition for Simplified Dissolution of Marriage, which both spouses sign jointly. You also use Form 12.902(f)(3), the Marital Settlement Agreement for Simplified Dissolution of Marriage, to divide property and debts in writing. A related affidavit confirming you meet the simplified criteria is filed as well, and the judge signs a Final Judgment of Dissolution of Marriage to end the marriage. Because the simplified procedure waives financial disclosure, you generally do not file a Family Law Financial Affidavit (Form 12.902(b) or (c)). All standardized forms are published at flcourts.gov, and filing is done through the Florida Courts E-Filing Portal at myflcourtaccess.com.
Can I get a simplified dissolution if I have children?
No. Under F.S. 61.052(2), the simplified dissolution procedure is unavailable if the couple has any minor or dependent children together, or if the wife is currently pregnant. "Dependent" can include an adult child who depends on the parties because of a disability. If you have children, you must use the regular uncontested route with Form 12.901(b)(2), which requires a Parenting Plan and a child support guidelines worksheet under F.S. 61.13. The good news is that our flat attorney fee is the same $750 whether or not you have children — the regular uncontested package simply adds the parenting plan, child support worksheet, and (where relevant) a UCCJEA affidavit at no extra charge.
Do both spouses have to go to court for a simplified dissolution?
Yes. One defining requirement of simplified dissolution under F.S. 61.052(2) is that both spouses must appear at the final hearing. The judge confirms the marriage is irretrievably broken and verifies that both parties understand they are voluntarily waiving the right to a trial and to financial disclosure. Some counties permit appearance by video — you should confirm the format with your local clerk. If one spouse cannot or will not attend the hearing, you cannot use the simplified procedure and should instead consider a regular uncontested dissolution, where the petitioner can often appear alone while the other spouse joins by signing the Marital Settlement Agreement.
How long does a simplified dissolution take in Florida?
Florida has no mandatory waiting period after filing (0 days under Chapter 61), so the main factor controlling timing is how quickly your county clerk can schedule the final hearing — which the court, not the parties, controls. Because the simplified procedure skips service of process, the 20-day answer period, and the exchange of financial disclosure, it is often the fastest way to finalize a divorce when both spouses cooperate. Actual timelines vary by county and the court's calendar, so we describe typical ranges rather than guarantees. For realistic timing across uncontested cases, see our guide on how long an uncontested divorce takes in Florida.
What is the difference between simplified dissolution and uncontested divorce?
Simplified dissolution is one specific type of uncontested divorce — the narrowest one. Under F.S. 61.052(2), it requires no minor or dependent children, no alimony, full agreement on property and debts, both spouses appearing in court, and waiver of financial disclosure. A regular uncontested divorce (Form 12.901(b)(1) without children, or 12.901(b)(2) with children) is broader: it can handle children, alimony, and cases where one spouse cannot appear, and it preserves your right to financial disclosure. Both end in the same Final Judgment of Dissolution of Marriage, and our flat attorney fee is $750 for either path. The right choice depends on your children, alimony, and how confident you are about your spouse's finances.
Can I waive the financial affidavit in a Florida divorce?
In a simplified dissolution under F.S. 61.052(2), the waiver of financial disclosure is built into the procedure — you generally do not file a Family Law Financial Affidavit at all. In a regular uncontested case where disclosure normally applies, spouses who both agree can waive filing the affidavits by submitting Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits, authorized under Florida Family Law Rule 12.285. Waiving disclosure speeds things up, but it means you give up the ability to force your spouse to prove their income and list their assets. If you have any doubt about the full marital financial picture, keeping disclosure in place is the safer choice.
Is simplified dissolution a good idea if I'm unsure about my spouse's finances?
Generally no. The simplified procedure waives financial disclosure, so you will not receive a Family Law Financial Affidavit and cannot compel your spouse to itemize their income, accounts, or debts. That waiver is convenient when both spouses fully trust each other and know the complete marital picture, but it removes an important safety net. Once the Final Judgment is entered, reopening the property division because you later discovered a hidden account is difficult. If you suspect undisclosed or dissipated assets, the regular uncontested process preserves your disclosure rights and is the safer path. Our firm can review your situation at the $750 flat fee and confirm which procedure actually fits before you file.
Why hire an attorney for a simplified divorce instead of an online form service?
Simplified dissolution looks easy on paper, but the eligibility rules under F.S. 61.052(2) and the Marital Settlement Agreement have substantive legal requirements that non-lawyer document services cannot address. A licensed Florida attorney prepares and reviews your petition and settlement agreement, confirms your case genuinely qualifies as simplified, and answers your legal questions — work that online "divorce" or document-typing services are legally prohibited from doing, because they cannot give legal advice or catch substantive errors. A vague or incomplete agreement is the most common reason a simplified case stalls at the clerk. Our firm provides full attorney representation for a $750 flat fee (court costs and notary separate), giving you transparency on price and confidence the documents are complete.
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