Florida offers a streamlined divorce process called simplified dissolution of marriage — the fastest and least expensive way to end a marriage in the state. But it is only available to couples who meet strict eligibility requirements, and choosing it means giving up important legal rights. At The Law Office of John Vernon Moore, P.A., we help Brevard County couples determine whether simplified dissolution fits their situation — and handle it properly when it does.
What Is a Simplified Dissolution of Marriage?
Under Florida Family Law Rule of Procedure 12.105, a simplified dissolution lets both spouses file jointly, skip most of the formal litigation process, and typically finish in about 30 days from filing. There is no formal discovery, no trial, and usually only one brief final hearing that both spouses attend together.
Who Qualifies in Florida
You and your spouse can use the simplified procedure only if all of the following are true: you both agree the marriage is irretrievably broken; you have no minor or dependent children together and the wife is not pregnant; at least one of you has lived in Florida for the six months before filing; you have reached a written agreement dividing all property and debts; neither spouse is seeking alimony; and both of you are willing to appear at the final hearing and sign the petition together.
If even one requirement is missing — you have children, one spouse wants support, or you cannot agree on the house — you must use the regular dissolution process instead. Many couples who don’t qualify for simplified dissolution can still divorce quickly and affordably through an uncontested divorce.
What You Give Up
The speed comes with real trade-offs. In a simplified dissolution, both spouses waive the right to financial discovery — neither can compel the other to produce complete financial records. You also waive the right to alimony permanently, and the right to appeal or later reopen the property settlement in most circumstances. If you don’t have a full, confident picture of your spouse’s finances — retirement accounts, business interests, debts in your name — those waivers can be costly. This is the main reason we recommend at least a consultation before signing, even in a friendly divorce.
The Process, Step by Step
First, both spouses complete and sign the joint Petition for Simplified Dissolution of Marriage and a marital settlement agreement dividing property and debts. You file with the Clerk of Court in the county where either spouse lives — for most of our clients, the Brevard County Clerk’s offices serving the Melbourne, Viera, or Titusville courthouses. Each spouse files a financial affidavit unless both waive it in writing. After filing, the clerk schedules a brief final hearing — typically about 30 days out — where both spouses appear before the judge, confirm the marriage is irretrievably broken, and receive the final judgment.
Simplified vs. Uncontested Divorce
People often use these terms interchangeably, but they are different procedures. An uncontested divorce is a regular dissolution where the spouses agree on everything — it works for couples with children, allows alimony by agreement, preserves appeal rights, and only one spouse must attend the final hearing. A simplified dissolution is a distinct, more limited procedure with the strict requirements above. If you qualify for simplified dissolution, it is usually the cheaper option; if you don’t, an uncontested divorce is the next fastest path. Our divorce procedure guide explains the full process.
Frequently Asked Questions
How long does a simplified dissolution take in Florida?
Typically around 30 days from filing to final judgment, depending on the court’s hearing calendar. It is the fastest divorce procedure Florida offers.
Do we both have to go to court?
Yes. Unlike a regular uncontested divorce, both spouses must attend the final hearing together. This is a firm requirement of the simplified procedure.
Can we use simplified dissolution if we have adult children?
Yes. The restriction applies only to minor or dependent children. Couples whose children are grown — common in gray divorces — often qualify.
Do I need a lawyer for a simplified dissolution?
Not legally — but because you permanently waive alimony and financial discovery, a one-time consultation to review your settlement agreement is inexpensive insurance against an unfair deal you cannot undo.
Talk to a Melbourne Divorce Attorney First
A simplified dissolution done right takes little time and little money. Done wrong, it locks in mistakes permanently. Attorney John Vernon Moore can review your agreement, confirm you qualify, and prepare the paperwork correctly the first time. Call (321) 529-7777 or contact us online for a free 30-minute consultation.