Florida offers a streamlined path to divorce known as simplified dissolution of marriage. Governed by Florida Statute 61.052(2), this procedure allows qualifying couples to end their marriage faster and with significantly less expense than a standard dissolution. However, the eligibility requirements are strict, and the trade-offs are substantial. Understanding both the benefits and limitations is essential before choosing this route.
Eligibility Requirements Under Florida Statute 61.052(2)
Not every divorcing couple qualifies for simplified dissolution. Both parties must meet every one of the following conditions. If even one requirement is unmet, you must pursue a regular dissolution.
- Both parties agree the marriage is irretrievably broken -- This is the sole ground for dissolution in Florida. Both spouses must confirm this in the joint petition.
- No minor or dependent children -- The couple must have no children under 18, and the wife must not be pregnant. If minor children exist, simplified dissolution is unavailable regardless of how amicable the parties are.
- Neither party seeks alimony -- Both spouses must waive any claim to spousal support. This waiver is permanent and cannot be revisited after the final judgment.
- Both parties have agreed on the division of all assets and debts -- Every marital asset and liability must be resolved before filing. There is no mechanism within simplified dissolution for the court to divide disputed property.
- Both parties waive the right to trial and appeal -- This is one of the most significant concessions. By choosing simplified dissolution, you give up your right to a trial on any issue and your right to appeal the final judgment.
- At least one spouse is a Florida resident -- Florida Statute 61.021 requires that at least one party has been a resident of the state for six months before filing the petition.
The Joint Petition
Unlike a standard dissolution where one spouse files and the other responds, simplified dissolution uses a single joint petition signed by both parties. This document is filed with the clerk of the circuit court in the county where either spouse resides.
The joint petition includes sworn statements from both parties regarding their agreement on property division, the absence of children, and the waiver of alimony. Both spouses must sign the petition, and their signatures must be notarized.
Florida Family Law Form 12.901(a) is the approved form for filing a simplified dissolution petition. The filing fee varies by county but generally ranges from $300 to $410. Fee waivers are available for those who demonstrate financial hardship.
Financial Disclosure Requirements
Even in simplified dissolution, Florida law requires both parties to complete financial disclosure. Each spouse must file a Financial Affidavit -- either the short form (Florida Family Law Form 12.902(a)) for individuals with gross annual income under $50,000, or the long form (Florida Family Law Form 12.902(b)) for those earning $50,000 or more.
Both parties must also provide a complete list of marital assets and liabilities. This includes real property, vehicles, bank accounts, retirement accounts, credit card debts, and loans. Full transparency is required even though the division has already been agreed upon.
The Final Hearing
One of the advantages of simplified dissolution is the abbreviated court process. After filing the joint petition and financial disclosures, both parties must appear together before a judge for a final hearing.
- Both spouses must attend -- There is no waiver of personal appearance. If one party cannot attend, the hearing must be rescheduled or the case must be converted to a standard dissolution.
- The hearing is typically brief -- The judge will confirm that both parties understand the agreement, verify that the petition was signed voluntarily, and confirm that all eligibility requirements are satisfied.
- The judge enters a final judgment -- If everything is in order, the court issues the Final Judgment of Simplified Dissolution of Marriage at the hearing or shortly thereafter.
In most Fourth Judicial Circuit courtrooms (Duval, Clay, and Nassau Counties), the entire hearing takes between ten and twenty minutes.
Timeline and Waiting Period
Florida Statute 61.19 imposes a mandatory 20-day waiting period between filing the petition and the entry of a final judgment. In practice, simplified dissolutions in the Jacksonville area typically conclude within four to six weeks of filing, depending on court availability.
There is no mandatory mediation in simplified dissolution because there are no disputed issues. There is no discovery process, no depositions, and no trial.
Important Limitations to Consider
The speed and simplicity of this process come with significant restrictions.
- No alimony -- ever -- The waiver of alimony in a simplified dissolution is final. Even if your financial circumstances change dramatically, you cannot later petition the court for spousal support.
- No appeal rights -- If you later believe the property division was unfair, you have no appellate remedy. The only potential path to challenge the judgment is to prove fraud, duress, or coercion.
- Property division is final -- The agreement you reach before filing is the agreement the court will enforce. There is no judicial review of whether the division is equitable.
- Not suitable for complex estates -- If the marriage involves business interests, significant retirement assets, real estate in multiple states, or complex debt structures, simplified dissolution may leave significant value on the table.
When Simplified Dissolution Makes Sense
This procedure works best for short marriages where both spouses are financially independent, there are no children, and the marital estate is straightforward. It is particularly well-suited for couples who married recently, maintain separate finances, and have minimal shared property.
If you meet all eligibility requirements and are confident in your property division agreement, simplified dissolution under Florida Statute 61.052(2) offers a fast, cost-effective path to ending your marriage. If any doubt exists about your eligibility or the fairness of your agreement, consulting with an attorney before filing protects your interests.