How to File a Simplified Dissolution of Marriage in Florida

A simplified dissolution of marriage in Florida lets a couple who agree on everything end their marriage by jointly filing one petition, appearing together at a single hearing, and walking out with a final judgment. The process is governed by Florida Statute 61.079 and is only available if you meet every eligibility requirement. Because both spouses permanently give up the right to alimony and can’t later contest how property was divided, it’s worth understanding exactly what you’re signing before you file.

Are You Eligible

You qualify for a simplified dissolution only if every one of the following is true. Miss one, and you’ll need to file a regular dissolution instead.

At least one spouse has lived in Florida for six months before filing.¹
You have no minor or dependent children together, and the wife is not pregnant. Children from a previous relationship who are not dependents of the couple do not disqualify you.²
Both spouses permanently waive alimony. Neither of you can seek support from the other, now or later, and the waiver cannot be revisited after the final judgment.²
You already agree on how to divide every marital asset and debt. If there’s a dispute over the house, a car, or a credit card balance, this is not the right path.
Both of you agree the marriage is irretrievably broken. This is Florida’s no-fault ground, so no one has to prove wrongdoing.

The alimony waiver is where most people should slow down. If one spouse earns significantly more, or one gave up career opportunities during the marriage, giving up alimony forever can have real financial consequences. Independent legal advice before signing is worth the cost, even when the divorce otherwise looks straightforward.

The Marital Settlement Agreement

The marital settlement agreement is the backbone of the case. It’s a written contract between you and your spouse that spells out exactly how property, debts, and any other financial matters will be divided, and the court will not finalize your divorce without one.

The agreement needs to cover every marital asset and liability: bank accounts, vehicles, real estate, credit card balances, personal property, and anything else acquired during the marriage. Be specific. Language like “we’ll split everything evenly” invites problems later. List each asset, state its approximate value, and name which spouse gets it.

If retirement accounts are part of what you’re dividing, pay attention to how they get split. Employer-sponsored plans governed by federal ERISA rules can only be divided through a Qualified Domestic Relations Order — a court order directing the plan administrator to pay a portion of one spouse’s benefits to the other. Without a valid QDRO, the plan administrator must follow the plan’s own terms and pay benefits to the account holder regardless of what your divorce agreement says.³ A properly drafted QDRO also avoids early withdrawal penalties and immediate tax hits. Drafting one usually requires a specialist familiar with retirement plan rules, and the plan administrator must approve it.

Filing the Joint Petition

Both spouses file together using Florida Family Law Form 12.901(a), the Joint Petition for Simplified Dissolution of Marriage.⁴ File it with the Clerk of the Circuit Court in the county where either of you lives, along with your completed marital settlement agreement.

Filing fees vary by county but generally run around $400. If you can’t afford it, submit an Application for Determination of Civil Indigent Status to request a fee waiver.² After filing, the court schedules a hearing, and both spouses must appear.

If either spouse is on active military duty and can’t attend, the Servicemembers Civil Relief Act allows a request for a stay of at least 90 days. The request needs a statement of how service affects the ability to appear and a letter from the commanding officer confirming leave isn’t available. Because a simplified dissolution requires both spouses at the hearing, a deployment can delay the process even when you fully agree on the terms.

Financial Disclosures

Florida’s family law rules normally require each spouse to file a financial affidavit showing income, expenses, assets, and debts. If your individual gross income is under $50,000 per year, you use the short form, Form 12.902(b).⁵ If your income is $50,000 or more, you use the long form, Form 12.902(c).⁶

In a simplified dissolution, both spouses can waive the financial affidavit if they agree in writing.⁵ That’s part of what makes the process faster. Waiving disclosure only makes sense when both of you already have a clear, honest picture of the other’s finances. If there’s any chance one spouse is unaware of debts, hidden accounts, or the true value of an asset, skipping this step is a mistake you can’t easily undo.

The Hearing and Final Judgment

Both spouses appear at the final hearing together. The judge reviews the joint petition, the marital settlement agreement, and any waivers to confirm everything complies with Florida law. Expect the judge to ask each of you directly whether you understand and voluntarily agree to the terms, especially the permanent alimony waiver and the property division. That’s the court’s safeguard against one spouse being pressured into an unfair deal.⁷

If the judge is satisfied, a Final Judgment of Simplified Dissolution of Marriage is signed and entered into the record.⁸ Both parties receive copies. The marriage is officially over at that point. If either spouse later fails to follow through on the agreement, say by refusing to transfer title to a vehicle, the other can go back to court and ask a judge to enforce the judgment.

Request a certified copy of the final judgment before you leave the courthouse. You’ll need it for nearly every post-divorce update: changing your name, updating insurance, refinancing property, and more.

What to Handle After the Judgment

Health Insurance

If you’re covered under your spouse’s employer plan, that coverage typically ends when the divorce is finalized. Under federal COBRA rules, divorce is a qualifying event that lets the former spouse continue coverage for up to 36 months. You pay the full premium plus an administrative fee, which can be a jolt after years of employer-subsidized rates, but it buys time to find alternative coverage through the Health Insurance Marketplace, a new employer, or Medicaid if you qualify. The plan must be notified of the divorce within 60 days for COBRA rights to kick in. Miss that window and you lose the option.

Taxes

Your filing status for the tax year depends on whether your divorce is final by December 31. If the judge signs the final judgment any time during the calendar year, the IRS treats you as unmarried for the entire year, and your default filing status becomes single (or head of household if you meet those criteria). If your divorce is still pending on December 31, you’re considered married for the full year and must file jointly or separately.

Property transfers between spouses as part of the divorce are generally tax-free under federal law. No gain or loss is recognized when one spouse transfers property to the other, as long as the transfer happens within one year of the divorce or is related to ending the marriage. The receiving spouse takes over the original cost basis. If your spouse bought stock for $10,000 and transfers it to you, your basis is $10,000, not whatever the stock is worth on the day of transfer. This rule does not apply if your spouse is a nonresident alien.⁹

Social Security

If your marriage lasted at least 10 years, you may be eligible to collect Social Security benefits based on your former spouse’s earnings record once you reach retirement age.¹⁰ Claiming on that record does not reduce your ex’s benefits or affect what a current spouse receives. If you’ve been married nine years and eight months, waiting a few months to reach the 10-year mark could be the difference between qualifying and not. You cannot collect divorced-spouse benefits while remarried, though eligibility can be restored if that later marriage also ends.

Beneficiaries and Estate Documents

This is the step people forget, and the consequences can be severe. Many states have laws that automatically revoke a former spouse’s beneficiary designation on life insurance and similar accounts after divorce, but those state laws do not apply to employer-sponsored plans governed by ERISA. The U.S. Supreme Court held in Egelhoff v. Egelhoff that ERISA preempts state automatic-revocation laws, meaning the plan administrator must pay benefits to whoever is listed on the beneficiary form, even if that person is your ex-spouse and the divorce was finalized years ago.

Contact every plan administrator for your life insurance, 401(k), pension, and any other ERISA-governed account, and submit a new beneficiary designation form. Do not assume the divorce decree overrides what’s on file with the plan. It almost certainly does not. While you’re at it, update your will, healthcare proxy, power of attorney, and any trust documents that name your former spouse.

Name Change

If you’re changing your name back to a prior legal name, the final judgment is your starting document. Update your Social Security card first, because most other agencies and institutions require your Social Security record to match the new name before they’ll process changes. The Social Security Administration requires proof of identity, your new legal name, and documentation of the name change event. Check whether you can apply online or need to visit a local office.¹¹ After that, update your driver’s license, passport, bank accounts, and any professional licenses.

1
Florida Senate. Florida Code 61.021 – Residence Requirements
2
Florida Courts. Florida Family Law Rules of Procedure Form 12.901(a) – Joint Petition for Simplified Dissolution of Marriage
3
U.S. Department of Labor. Qualified Domestic Relations Orders Under ERISA – A Practical Guide to Dividing Retirement Benefits
4
Florida Courts. Joint Petition for Simplified Dissolution of Marriage
5
Florida State Courts. Instructions for Florida Family Law Rules of Procedure Form 12.902(b) – Family Law Financial Affidavit (Short Form)
6
Florida Courts. Instructions for Florida Family Law Rules of Procedure Form 12.902(c) – Family Law Financial Affidavit (Long Form)
7
Clerk of the Circuit Court & Comptroller, Palm Beach County. Divorce FAQ
8
Florida State Courts. Final Judgment of Simplified Dissolution of Marriage
9
Office of the Law Revision Counsel. 26 USC 1041 – Transfers of Property Between Spouses or Incident to Divorce
10
Social Security Administration. More Info – If You Had A Prior Marriage
11
Social Security Administration. How Do I Change or Correct My Name on My Social Security Number Card