Understanding Florida Simple Divorce: A Complete Guide for Couples in the United States
Author : Richard M. Adams | Published On : 23 Feb 2026
Divorce can be an emotionally and legally complex process, but not every marriage dissolution requires lengthy court battles or extensive legal proceedings. In the United States, couples seeking a faster and more straightforward way to legally end their marriage often explore what is commonly known as a Florida simple divorce. This legal option is designed for couples who meet specific eligibility criteria and agree on key aspects of their separation.
This guide explains what a Florida simple divorce is, who qualifies, how the process works, and what individuals should consider before filing.
What Is a Florida Simple Divorce?
A Florida simple divorce, formally referred to as a “Simplified Dissolution of Marriage,” is a streamlined legal procedure available in the state of Florida. It is intended for couples who:
- Agree that the marriage cannot be saved
- Have no minor or dependent children together
- Have reached an agreement on dividing assets and debts
- Do not seek alimony
This process is designed to reduce court involvement and simplify paperwork. Because both spouses must agree on all major issues, it is generally faster and less complicated than a traditional divorce proceeding.
Residency Requirements in Florida
To file for a Florida simple divorce, at least one spouse must have lived in Florida for a minimum of six months before filing. Proof of residency is typically required. Acceptable forms of proof may include:
- A valid Florida driver’s license
- A Florida identification card
- Testimony from a third party confirming residency
Without meeting this residency requirement, the court in Florida does not have jurisdiction to grant the divorce.
Eligibility Criteria for a Florida Simple Divorce
Not every couple qualifies for this simplified option. The court has strict eligibility guidelines that must be met before proceeding. These include:
1. Mutual Agreement to Divorce
Both spouses must agree that the marriage is irretrievably broken. Florida is a no-fault divorce state, meaning neither party must prove wrongdoing.
2. No Minor or Dependent Children
Couples cannot use the simplified process if they have minor or dependent children together, including adopted children. Additionally, the wife cannot be pregnant at the time of filing.
3. Agreement on Property and Debt Division
All marital assets and liabilities must be divided before filing. This includes:
- Real estate
- Bank accounts
- Retirement accounts
- Vehicles
- Credit card debt
The court does not make these decisions in a simple divorce; the couple must resolve them independently.
4. No Request for Alimony
Neither spouse may request spousal support. If either party wants alimony, a regular dissolution of marriage must be filed instead.
5. Both Parties Must Attend the Final Hearing
Unlike some traditional divorce cases where one party may not appear, both spouses must attend the final hearing in a Florida simple divorce.
Steps in the Florida Simple Divorce Process
Although simplified, the process still requires careful attention to detail. Below is a general overview of the steps involved:
Step 1: Complete the Required Forms
Couples must complete a Petition for Simplified Dissolution of Marriage and other required financial affidavits. These forms outline the agreement between the spouses.
Step 2: File the Petition
The completed documents are filed with the Clerk of the Circuit Court in the county where either spouse resides. Filing fees apply and vary by county.
Step 3: Financial Disclosure
Even in a simplified divorce, both parties must provide full financial disclosure. Transparency is essential to ensure fairness in the division of assets and debts.
Step 4: Schedule a Final Hearing
Once the paperwork is filed, a final hearing date is scheduled. In many counties in Florida, this may occur within a few weeks, depending on court availability.
Step 5: Attend the Final Hearing
Both spouses must appear before a judge. The judge reviews the paperwork, confirms that both parties understand the agreement, and ensures eligibility requirements are met.
If everything is in order, the judge signs the Final Judgment of Dissolution of Marriage, officially ending the marriage.
How Long Does a Florida Simple Divorce Take?
The timeline varies depending on the county and court scheduling. In many cases, a Florida simple divorce can be finalized in as little as 30 days. However, delays may occur if:
- Forms are incomplete
- Financial disclosures are insufficient
- The court’s schedule is congested
Compared to contested divorce cases, which can take several months or even years, the simplified process is generally much quicker.
Costs Associated with a Florida Simple Divorce
While costs vary by county, typical expenses include:
- Court filing fees
- Fees for certified copies of the final judgment
- Possible notary or document preparation fees
Because both spouses cooperate and there are no disputes requiring litigation, the overall cost is usually significantly lower than that of a contested divorce.
Advantages of a Florida Simple Divorce
Many couples choose this option because of its practical benefits:
Faster Resolution
The simplified process reduces waiting time and court involvement.
Lower Costs
Fewer legal procedures typically mean lower expenses.
Less Emotional Strain
Mutual agreement can reduce hostility and stress compared to contested proceedings.
Greater Privacy
With fewer court appearances and filings, personal matters may remain more private.
Limitations and Considerations
Although a Florida simple divorce may appear straightforward, it is not suitable for every situation. Individuals should carefully evaluate their circumstances before proceeding.
Limited Legal Protection
Because the court does not investigate the fairness of asset division in depth, one spouse could potentially agree to unfavorable terms.
No Alimony Options
Once finalized, the simplified dissolution does not allow future claims for spousal support.
No Appeal on Property Division
The property agreement becomes binding once approved. Modifications are extremely difficult unless fraud or misrepresentation is proven.
Not Suitable for Complex Finances
Couples with significant assets, business interests, or retirement accounts may require a more comprehensive legal process.
Differences Between Simple and Regular Divorce in Florida
Understanding how a Florida simple divorce differs from a regular dissolution of marriage helps clarify its purpose.
FeatureFlorida Simple DivorceRegular DivorceMinor Children AllowedNoYesAlimony RequestsNot AllowedAllowedFinancial DisputesMust Be SettledCourt Can DecideCourt AppearancesTypically OneMultiple PossibleTimelineGenerally ShorterOften Longer
This comparison highlights that the simplified process is designed specifically for uncomplicated cases with full agreement between spouses.
Emotional and Practical Preparation
Even when both parties agree, divorce can be emotionally challenging. Couples considering a Florida simple divorce should:
- Review all financial documents carefully
- Ensure all shared debts are accounted for
- Consider long-term financial implications
- Confirm mutual understanding of the agreement
Clear communication and careful review of documents can prevent misunderstandings later.
Frequently Asked Questions About Florida Simple Divorce
Can couples file without an attorney?
Yes. The simplified process is designed so couples can represent themselves. However, some individuals choose to consult a legal professional for clarity.
What if one spouse changes their mind?
If either spouse withdraws consent before the final judgment is signed, the simplified process cannot continue.
Can property agreements be changed later?
Generally, no. Once approved by the court, the agreement becomes final and legally binding.
Is mediation required?
Typically, mediation is not required because both parties must already agree on all terms before filing.
Final Thoughts
A Florida simple divorce offers a practical solution for couples who meet specific criteria and wish to dissolve their marriage amicably. By eliminating many of the complexities associated with traditional divorce proceedings, this process provides a faster and more affordable path to legal separation.
However, eligibility requirements are strict, and the agreement reached between spouses carries lasting legal consequences. Careful preparation, full financial disclosure, and mutual understanding are essential before moving forward.
For couples in Florida who agree on all aspects of their separation and meet the necessary qualifications, the simplified dissolution process can provide a straightforward way to close one chapter and begin another with clarity and legal finality.
