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Divorce & Family Law

No-Fault & Simplified Divorce in Florida

Florida lets you end a marriage without blaming anyone. If you and your spouse agree on everything, the simplified track is the fastest, lowest-cost way to do it.

At a Glance

  • Florida is a no-fault state — you only have to state the marriage is “irretrievably broken.” You never have to prove cheating, abandonment, or wrongdoing.
  • At least one spouse must have lived in Florida for 6 months before filing.
  • Simplified dissolution is a shortcut — but only if you have no minor or dependent children, the wife is not pregnant, you fully agree on dividing property and debts, and neither spouse asks for alimony.
  • Both spouses sign one joint petition and attend a short final hearing together.
  • If you don’t meet every simplified requirement, you file a regular (uncontested or contested) dissolution instead.

The law behind a Florida divorce

A few statutes and one procedural rule do most of the work. Here’s what each one controls.

Fla. Stat. § 61.021

Residency. One spouse must have lived in Florida for at least 6 months before the petition is filed.

Fla. Stat. § 61.052

Grounds. A divorce is granted when the marriage is “irretrievably broken” (or one spouse has been mentally incapacitated for 3 years). No fault required.

Fla. Fam. L.R.P. 12.105

The simplified-dissolution procedure — the streamlined path for couples who agree on everything and have no minor children.

Fla. Stat. § 61.075

Equitable distribution. The standard courts use to divide marital property and debt — the framework your settlement agreement should follow.

Do you qualify for the simplified track?

Every box below must be checked. Miss even one, and Florida requires the regular dissolution process instead.

You both must be able to say “yes” to all of these:

Rule 12.105 & Form 12.901(a)

  • You both agree the marriage is irretrievably broken (cannot be saved).
  • You have no minor or dependent children together, and the wife is not pregnant.
  • You agree on how to divide all property (assets) and debts (liabilities).
  • Neither spouse is seeking alimony (spousal support).
  • You are both willing to give up the right to a trial and an appeal.
  • You are both willing to attend the final hearing at the same time.
  • At least one of you has lived in Florida for the past 6 months.

Forms you’ll need for a simplified dissolution

These are the current Florida Supreme Court–approved family law forms. The petition was last revised 06/2025.

12.901(a)
Joint Petition for Simplified Dissolution of MarriageThe core document. Signed by both spouses.
12.902(b)
or (c)
Family Law Financial Affidavit — short form (b) if your income is under $50,000; long form (c) if $50,000 or more. Each spouse files one.Optional in simplified cases: you may skip these by filing the waiver below instead.
12.902(k)
Notice of Joint Verified Waiver of Filing Financial AffidavitsNewer option — lets both spouses agree to skip the financial affidavits.
12.902(f)(3)
Marital Settlement Agreement (Simplified)Used when you have property or debts to divide. Signed by both spouses.
12.902(i)
Affidavit of Corroborating WitnessOnly if you can’t prove 6-month residency with a Florida driver license, ID card, or voter registration.
12.990(a)
Final Judgment of Simplified Dissolution of MarriageThe order the judge signs. Some counties prepare it for you at the hearing.
12.900(a)
Disclosure from NonlawyerRequired whenever a non-attorney (including a document preparer) helps you complete the forms.

The process, step by step

1

Confirm you qualify

Run through the checklist above. If any box doesn’t apply, you’ll use the regular dissolution path.

2

Prove residency

Have a Florida driver license, state ID, or voter card issued at least 6 months ago — or line up a corroborating witness (Form 12.902(i)).

3

Complete the joint petition

Both spouses fill out and sign Form 12.901(a). On the petition you’ll indicate whether you’re filing financial affidavits or waiving them.

4

Handle the financials

Either file a financial affidavit each (12.902(b) or (c)) or file the joint waiver (12.902(k)).

5

Sign your settlement agreement

If you have any property or debts to divide, both spouses sign the Marital Settlement Agreement (12.902(f)(3)).

6

File with the clerk & pay the fee

File everything with the clerk of the circuit court in your county and pay the filing fee. (Confirm the current amount with your county clerk; fee waivers are available for those who qualify.)

7

Attend the final hearing together

The clerk or court sets a short hearing. Both spouses must appear at the same time.

8

Get your Final Judgment

If the paperwork is in order, the judge signs the Final Judgment of Simplified Dissolution (12.990(a)) and your marriage is dissolved.

The official forms are free

Every form listed above is published by the Florida Courts at no cost. You can download, read, and file them yourself directly from the state.

Get the free court forms at flcourts.gov →

The point people get wrong

“No-fault” and “simplified” are not the same thing. Every Florida divorce is no-fault — but the simplified track has strict extra requirements. The biggest trade-off: in a simplified dissolution you give up your right to a trial and an appeal, and once the property division is final it’s very hard to reopen. If there’s any disagreement about money, property, or support, the regular process protects you better — even though it takes longer.

Frequently asked questions

How long does a simplified divorce take in Florida?

It varies by county and court calendar. Florida has no mandatory waiting period for the simplified track, so once your paperwork is filed and a final hearing is scheduled, many couples finish within a few weeks to a couple of months. Your county clerk can tell you how hearings are scheduled locally.

We have a child together. Can we still use the simplified track?

No. If you have any minor or dependent children together (or the wife is pregnant), you must use the regular dissolution process, which includes a parenting plan and child support. See our articles on Parenting Plans & Time Sharing and Child Support in Florida.

Do both spouses really have to show up to court?

Yes. The simplified process requires both spouses to attend the final hearing together. There is no default judgment — if one spouse won’t participate, the simplified track isn’t available and you’d file a regular petition.

Can we skip the financial affidavits?

In a simplified dissolution, yes — if you both agree. You file Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits, instead of each completing an affidavit. Otherwise, each spouse files the short (12.902(b)) or long (12.902(c)) form based on income.

Can I change my name back to my former name?

Yes. The joint petition (12.901(a)) includes a box where each spouse can ask to be restored to a former name as part of the divorce, so a separate name-change case usually isn’t needed. See our Florida Adult Name Change article for details.

What if my spouse and I disagree on just one thing?

The simplified track requires full agreement. A single open issue — who keeps a vehicle, how to split a debt, whether anyone gets alimony — pushes you into the regular process. Many couples in that spot use a limited-scope (unbundled) attorney to resolve the one issue and keep the rest do-it-yourself.

Want help preparing your forms?

The court forms are always free to file yourself. If you’d rather have your paperwork prepared and ready to sign, we offer two options.

Self-Service

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JusticeXpress Florida is a non-attorney legal document preparation service. We prepare the documents you select and provide general published legal information. We are not a law firm and cannot give legal advice or select forms for you. The Document Review option connects you with an independent licensed Florida attorney for that limited review.

This article provides general legal information for Florida residents and is not legal advice. Laws and court forms change; confirm current requirements with the Florida Courts or your county clerk. JusticeXpress Florida is a non-attorney legal document preparation service and is not a substitute for an attorney. For advice about your specific situation, consult a licensed Florida attorney.