Florida Simplified Divorce Packet: Forms, Eligibility & Filing Steps (2026)

Florida Simplified Divorce Packet: Forms, Eligibility & Filing Steps (2026)

1. What Is the Florida Simplified Divorce Packet?

The Florida simplified divorce packet is a set of Florida Supreme Court-approved forms that allows an eligible couple to end their marriage through a streamlined, single-hearing procedure without the depositions, discovery, and contested trial that characterize most divorces. The procedure is formally called a simplified dissolution of marriage and is authorized under Fla. Stat. § 61.052(2). Where a regular contested divorce can stretch for months or years, a properly filed simplified case often reaches a final judgment the same day both spouses appear in court.

The packet typically contains a petition, a marital settlement agreement, short-form financial affidavits for each spouse, and a proposed final judgment. Florida courts make these forms available through the Florida Courts e-Filing Portal and at each county clerk's self-help center. The precise collection of required documents varies slightly by judicial circuit — some counties add a local cover sheet, a Notice of Social Security Number form, or a Notice of Related Cases — so both parties should review their specific county clerk's instructions before assembling the packet. For a broader overview of the forms involved in Florida divorce proceedings, see Florida Divorce Forms.

Despite the name, the simplified process still produces a fully binding legal judgment. A final judgment of simplified dissolution carries the same weight and permanence as a judgment entered after a full jury trial. Property transfers agreed to in the marital settlement agreement are final, waivers of alimony are irrevocable, and a court will rarely reopen a simplified dissolution case once the judge's signature is on the order. Both spouses should understand these consequences before filing.

2. Who Qualifies: Eligibility Under Fla. Stat. § 61.052(2)

Florida law sets out mandatory eligibility requirements for the simplified process, and every single one must be satisfied simultaneously at the time of filing. If any requirement is missing, the couple must use the regular uncontested or contested divorce process instead. Under Fla. Stat. § 61.052(2), the qualifying conditions are as follows.

First, at least one spouse must have been a bona fide Florida resident for a continuous period of at least six months immediately before the filing date. Acceptable proof includes a Florida driver's license, a Florida voter registration card, or a signed affidavit of Florida residency. This residency threshold is a jurisdictional requirement — without it, a Florida court has no authority to dissolve the marriage at all.

Second, the couple must have no minor children together and no dependent children from the marriage, and the wife must not be pregnant at the time of filing. This is a firm bar. If even one minor child exists, the court must address a parenting plan under Fla. Stat. § 61.13 and calculate child support under Fla. Stat. § 61.30 — neither of which is available through the simplified form set. Third, both spouses must have already reached a complete written agreement on the division of every marital asset and allocation of every marital debt, with nothing left unresolved.

Fourth, and critically, neither spouse may request or receive alimony, now or at any point in the future. Signing the simplified petition constitutes a permanent, irrevocable waiver of any alimony claim under Fla. Stat. § 61.08. That waiver survives the judgment indefinitely. Finally, both spouses must be willing to appear in person at the courthouse together — first to file, and again for the final hearing (some circuits combine these into one visit). A spouse who refuses to appear or wishes to contest any issue disqualifies the couple from the simplified track.

3. Forms Inside the Simplified Divorce Packet

The Petition for Simplified Dissolution of Marriage (Florida Supreme Court Approved Family Law Form 12.901(a)) is the central document. Both spouses sign it under oath before a notary public, affirming that they meet every eligibility requirement and requesting that the court dissolve the marriage. By executing this petition, each party also formally waives the right to seek alimony. The petition identifies the parties, states the residency basis, confirms no minor children exist, and declares the marriage irretrievably broken.

The Marital Settlement Agreement for Simplified Dissolution of Marriage (Form 12.902(f)(3)) is where all property and debt division is recorded. The agreement must address every significant marital asset — real estate, bank and investment accounts, vehicles, retirement accounts — and every significant marital debt. Courts will not approve a simplified dissolution without a fully executed settlement agreement. If the couple owns real property, a separate deed (typically a quit-claim deed) must be prepared, executed, and recorded with the county property records after the judgment is entered; the settlement agreement and final judgment alone do not automatically transfer title.

Each spouse must file a Family Law Financial Affidavit — Short Form (Form 12.902(b)). This affidavit discloses each party's income, monthly expenses, assets, and liabilities under oath. Even when no support is requested, Florida's mandatory financial disclosure rules require the affidavit unless both parties execute a written mutual waiver of financial disclosure. Many self-represented filers omit either the affidavit or the written waiver, triggering a clerk rejection. Finally, the packet includes a proposed Final Judgment of Simplified Dissolution of Marriage (Form 12.990(a)), which the judge signs at the hearing. Some clerks retain this form at filing; others expect both parties to bring it to the courtroom on hearing day — confirm with your county clerk in advance.

4. Completing the Forms Accurately

Begin with the petition and enter both spouses' full legal names exactly as they appear on government-issued identification. The address fields should reflect current Florida mailing addresses. Both spouses must sign the petition in the presence of a notary public — not simply a witness. Many courthouse clerk's offices have a notary available, but confirming their hours before arriving prevents an unnecessary second trip. Some counties charge a small fee for the in-office notarization.

The marital settlement agreement requires precise asset identification. For real property, use the full legal description from the county property appraiser's official records, not just the street address. For vehicles, include the year, make, model, and Vehicle Identification Number. For financial accounts, state the institution name and last four digits of the account number. Vague provisions such as "husband gets his car" create enforcement problems years later when a financial institution or the Florida Department of Highway Safety and Motor Vehicles demands specificity. Spelling out every detail at the drafting stage prevents post-judgment disputes.

For the financial affidavit, report all figures as monthly amounts. Convert annual salary to monthly by dividing by twelve; convert weekly wages to monthly by multiplying by 4.33. Some circuits require attachment of recent pay stubs and the most recent federal tax return; others do not. Check your county clerk's local administrative orders or self-help website for attachment requirements before filing. Attach the written mutual waiver of financial disclosure if both parties elect to waive the affidavit requirement, and confirm the waiver is signed and notarized.

After all forms are complete and notarized, make at least three full copies of the packet: the original for the clerk to file, one certified copy each for both spouses, and a spare to bring to the hearing. The clerk will file-stamp the copies and return them at the time of filing.

5. Filing Fees and Payment

Florida courts charge a filing fee to open any dissolution-of-marriage case. As of 2026, the fee for a simplified dissolution in most Florida counties is approximately $409, though the exact amount is set by the Legislature and may vary by circuit. Unlike a regular contested divorce, the simplified procedure does not require a separate service-of-process fee because both spouses appear together to file in person. For a full breakdown of what to expect in filing costs, see Florida Divorce Filing Fee.

Spouses who cannot afford the filing fee may submit an Application for Determination of Civil Indigent Status to the clerk at the time of filing. The court reviews the application against income thresholds set by the Florida Legislature and will waive the fee if the applicant qualifies. Approval is not guaranteed and may take several days, which can delay the case's opening date. Bring documentation of current income — recent pay stubs or a benefits letter — to support the indigency application.

Payment methods accepted at the clerk's office vary by county. Many clerks accept cash, money orders, and credit or debit cards; some do not accept personal checks. Confirm accepted payment forms on your county clerk's website before appearing. Electronic filing through the Florida Courts e-Filing Portal is available in some circuits, but because both parties must appear together to file a simplified petition, many clerks still require an in-person visit regardless of e-filing availability.

6. The Filing Appointment: What to Expect at the Clerk's Office

Arrive at the clerk's family law division with both spouses present, government-issued photo identification for each party, the complete and notarized packet, the correct filing fee, and extra copies. The clerk's staff will review the packet for facial completeness — they confirm that required fields are filled, forms are signed and notarized, and any mandatory local attachments are present. Clerks do not review the forms for legal sufficiency or advise on content. If a required field is blank, a signature is missing, or a local cover sheet is absent, the clerk will reject the filing and both parties must correct the paperwork before returning.

Common reasons for same-day rejection include: petition or financial affidavit signed before a witness rather than a notary; missing the written mutual waiver of financial disclosure when the affidavit is not being filed; local cover sheet not included; or the case-style caption on one form not matching the caption on the others. Taking the time to compare every form against the clerk's published checklist before arriving eliminates most rejections.

Once the clerk accepts the filing and assigns a case number, the couple either receives a scheduled final hearing date or — in circuits that permit it — is sent directly to a courtroom for an immediate hearing if a judge is available. Ask the clerk at the time of filing whether a same-day hearing is possible and what you need to bring to the courtroom. Circuits that schedule hearings separately typically set them within two to four weeks of the filing date.

7. The Final Hearing

The final hearing for a simplified dissolution is intentionally brief. Both spouses appear before a circuit court judge or a general magistrate in a family law courtroom. After being placed under oath, each party is asked to confirm the basic qualifying facts: residency duration, absence of minor children, the wife is not pregnant, agreement on all property and debts, mutual waiver of alimony, and that the marriage is irretrievably broken. The judge or magistrate reviews the settlement agreement to confirm it is complete on its face.

If everything is in order, the judge signs the Final Judgment of Simplified Dissolution of Marriage on the spot. The dissolution is legally effective at the moment of the judge's signature — the marriage ends then and there. The clerk records the final judgment in the court's official records. Couples who leave the courthouse with a signed final judgment have a fully dissolved marriage that day, typically within thirty minutes of entering the building.

One practical detail that catches filers off guard: the proposed final judgment form must be present in the courtroom. If the clerk retained it at filing, confirm before the hearing that it will be forwarded to the courtroom. If the clerk returned it with the other copies, bring it. Judges do not draft orders from scratch at the bench; the hearing cannot conclude without the signed proposed order, and returning without a final judgment means scheduling a second hearing.

8. After the Judgment: Completing the Paperwork Trail

The final judgment itself is only the beginning of the administrative tasks both spouses face. A certified copy of the judgment is required for nearly every subsequent step. The clerk typically provides one certified copy as part of the original filing fee; additional certified copies cost a per-page fee set by the county. Obtain at least two certified copies on the day of the hearing while you are already at the courthouse.

If the settlement agreement required one spouse to transfer real estate, that transfer must be executed through a separately prepared deed. A quit-claim deed or a special warranty deed must be signed before a notary, witnessed by two adults under Fla. Stat. § 695.26, and recorded with the county clerk's official records department. Recording fees are based on the number of pages and the consideration stated. Until the deed is recorded, title remains in both parties' names and the transfer is not effective against third parties such as future buyers or lenders.

For vehicles, both parties take the final judgment certified copy to a Florida tax collector's office to re-title the vehicle in the name of the spouse who is keeping it. For financial accounts and retirement funds, each financial institution will have its own documentation requirements; many require a certified copy of the judgment plus a completed account-transfer form. Life insurance beneficiary designations are not automatically changed by a divorce judgment — each policy must be updated directly with the insurer. If either spouse elected to restore a prior legal name in the petition (an option available under Fla. Stat. § 61.052(2)(h)), the final judgment serves as the legal name-change document for the Social Security Administration, the DMV, and financial institutions.

9. When Simplified Dissolution Does Not Apply

The simplified process is unavailable whenever any eligibility requirement fails. The most common disqualifier is the presence of minor or dependent children. If the couple has even one child together, the court must establish a parenting plan under Fla. Stat. § 61.13 and calculate child support using the income shares model under Fla. Stat. § 61.30. These requirements protect children and cannot be waived by agreement. The couple must use the regular uncontested divorce process, which involves a different and more extensive form set.

Alimony eligibility is the second-most frequent reason a spouse discovers the simplified track is wrong for them. Once the simplified petition is signed, both parties permanently waive any claim to alimony. That waiver is not limited to the current marriage — it covers any future support claim arising from this marriage. A spouse who has been out of the workforce for years, who has a disability, or who expects a significant income gap after the divorce should carefully evaluate what Fla. Stat. § 61.08 might allow before agreeing to the waiver. Review Florida Alimony Guidelines 2026 for a detailed look at what factors courts consider.

Couples with complex or high-value assets should also reconsider the simplified procedure. The informal environment does not include formal discovery tools — interrogatories, requests for production, depositions, or subpoenas. A spouse who later learns the other party concealed a business interest, a pension, or a significant financial account will find it extremely difficult to reopen a simplified dissolution case. The absence of discovery cuts both ways: each party relies entirely on the other's voluntary disclosure of all marital assets, without any mechanism to verify completeness.

10. Common Mistakes and How to Avoid Them

The four most frequent errors in self-represented simplified dissolutions are: missing or defective notarization, vague asset descriptions, omitting the financial affidavit or the written waiver, and failing to bring the proposed final judgment to the hearing. Each of these causes a delay of days to weeks that a little preparation eliminates entirely.

Notarization errors arise because many people confuse a notary public with a witness. The petition and financial affidavit must be signed in the physical presence of a commissioned notary public who stamps and signs the document with their official seal. Signing at home before a friend or family member is not sufficient. If both spouses can visit the courthouse together before the formal filing date, the clerk's notary can execute all signatures at once.

Vague settlement agreements create problems that surface long after the judgment is entered. "Wife keeps the house" is incomplete if it does not identify the property by legal description and address. "Husband keeps his retirement account" is incomplete if it does not name the plan, the plan administrator, and the account number. Retirement account transfers may also require a qualified domestic relations order (QDRO) or a plan-specific transfer form after the judgment — the settlement agreement cannot substitute for those documents. A detailed agreement drafted with care at the outset avoids enforcement litigation later.

For a full overview of how Florida divorce law structures these proceedings, see Florida Divorce Laws. Understanding the statutory framework helps both parties identify which issues must be addressed in writing before the simplified process can proceed.

11. When to Involve an Attorney

The simplified dissolution process is designed for self-represented litigants, but the label "simplified" describes the court procedure, not the legal consequences. The alimony waiver is permanent and irrevocable. The settlement agreement divides property in a way that courts will not undo without extraordinary circumstances. Both parties sign under oath, and any material misrepresentation can constitute perjury under Florida law.

An attorney consultation — even a single paid hour before any forms are signed — adds substantial value. A Florida family-law attorney can review the draft settlement agreement for unenforceable provisions, identify assets or liabilities that may have been overlooked, explain the long-term financial impact of the alimony waiver given the length of the marriage and each party's earning capacity, and flag whether a QDRO or other post-judgment instrument will be needed for retirement assets. These are exactly the issues that do not surface at the clerk's counter or at the hearing.

Louis Law Group works with individuals navigating Florida family law matters. Visit /qualifier to see whether your situation may qualify for representation, and to start a conversation about whether the simplified track is the right fit for your circumstances.

Bottom line

The Florida simplified divorce packet offers an accessible, low-cost path to a final dissolution judgment for couples who qualify under Fla. Stat. § 61.052(2) — no minor children, no pregnancy, full agreement on all assets and debts, and a mutual, permanent waiver of alimony. When the forms are completed accurately and both parties appear together, the process can conclude in a single courthouse visit. It is not the right tool for couples with children, for spouses who may have an alimony claim worth preserving, or for marriages with complex or undisclosed assets. The permanent nature of the rights waived makes a brief attorney review a worthwhile investment before signing anything.

Attorney Advertising Disclaimer

This article is general legal information prepared by Louis Law Group for educational purposes only. It does not constitute legal advice, does not create an attorney-client relationship, and should not be relied upon as a substitute for advice from a licensed Florida attorney familiar with the specific facts of your situation. The information in this article reflects Florida law as of 2026 and is subject to change without notice. Past results obtained by Louis Law Group in prior matters do not guarantee or predict the outcome of any future case.