A simple divorce in Florida, formally called a simplified dissolution of marriage, can offer a more streamlined path for eligible couples. However, the timeline varies based on the county, court scheduling, filing accuracy, and each case's circumstances. Florida law generally requires at least 20 days to pass after filing before a judge may enter a final judgment, unless waiting would cause injustice. Complete paperwork, confirmed eligibility, and prompt court processing can help prevent delays and move the case toward resolution. At Segarra & Associates, P.A., we help clients understand their options when considering divorce in Florida, including simplified dissolution when the statutory and procedural requirements are met.

Ready to move forward with a simple divorce in Florida?

Call Segarra & Associates, P.A. at (305) 742-5042 today to schedule a confidential consultation.

Not Every Amicable Divorce is a Simplified Divorce

Understanding the difference between an amicable divorce and simplified divorce can save you time, money, and unnecessary confusion.

One of the questions I frequently hear from people considering divorce is, “If my spouse and I agree on everything, can't we just get a simple divorce?”

Sometimes the answer is yes. But there is an important distinction that people, and frankly, even some websites discussing Florida divorce law, tend to overlook. A divorce that is simple to resolve is not necessarily a simplified dissolution of marriage. Those are two very different things under Florida law.

You can have a couple with no children, relatively few assets, and complete agreement about ending their marriage who qualify for Florida's simplified dissolution procedure.

You can also have a couple with three children, two houses, retirement accounts, and a business who manage to resolve every issue amicably through negotiation or mediation.

Both couples may have reached an agreement. Both may avoid a contested trial. But only the first couple may qualify for the specific procedure Florida calls a simplified dissolution of marriage.

Understanding that distinction is the first step toward choosing the appropriate way to end your marriage.

What Is a Simplified Dissolution of Marriage in Florida?

A simplified dissolution of marriage is a specific legal procedure available to couples who satisfy the requirements of Florida Family Law Rule of Procedure 12.105.

It is designed for spouses who have already resolved their financial issues, do not have minor or dependent children within the categories addressed by the rule, and do not need the court to resolve contested matters.

To qualify, both spouses must meet several requirements. They must agree that the marriage is irretrievably broken, and at least one spouse must have resided in Florida for the six months preceding the filing.

They cannot have minor or dependent children together; the wife cannot have minor or dependent children born during the marriage and cannot be pregnant. The spouses must have reached a satisfactory agreement concerning their assets, debts, and joint financial obligations.

Neither spouse may be seeking alimony, and both must be willing to waive their rights to trial and appeal.

The parties must also jointly participate in the simplified-dissolution process and comply with the applicable court requirements.

If you do not qualify, that does not mean you are headed for a lengthy, expensive divorce battle.

It simply means you need to use a different procedure.

An Uncontested Divorce Is Not the Same Thing

This is probably the most important distinction in the entire discussion.

An uncontested divorce means the spouses have resolved the issues necessary to end their marriage without asking the judge to decide those disputes at trial.

That does not mean they have no children, no assets, or no financial obligations.

Consider a married couple with two children, a marital home, retirement accounts, and a mortgage. They agree on parental responsibility, time-sharing, child support, the division of their assets and liabilities, and every other issue necessary to finalize their divorce.

They have accomplished something significant. They have reached a complete settlement.

But because they have minor children, they do not qualify for Florida's simplified dissolution procedure.

Instead, they can pursue a regular dissolution of marriage on an uncontested basis, submitting the appropriate settlement documents and parenting plan for court review and approval.

That divorce may proceed efficiently and without a contested trial. It is simply not a simplified dissolution.

The absence of conflict does not determine which legal procedure applies. The requirements of the procedure do.

Simplified vs. Uncontested vs. Contested Divorce: What's the Difference?

Sometimes the easiest way to understand the distinction is to see the requirements side by side. The following chart compares the three general paths to divorce in Florida.

This chart provides a general comparison, not an exhaustive procedural checklist. Financial-disclosure obligations, court appearances, required forms, and local procedures depend on the applicable rules and circumstances. Even a fully settled case requires entry of a final judgment.

The most important takeaway is that a divorce involving children or substantial assets can still be uncontested.

And a contested divorce does not necessarily remain contested forever. Many cases begin with significant disagreements but ultimately settle through mediation or negotiation before trial.

The legal process can change as the parties resolve their differences.

Where Mediation and Collaborative Divorce Fit In

Some people believe that once they file a regular divorce, they are automatically headed toward depositions, hearings, and eventually a trial. Not necessarily. Many divorces are resolved without ever requiring a contested final hearing.

Mediation is one of the most common ways to accomplish that.

During mediation, a neutral mediator helps the spouses work through disputed issues and explore potential agreements. Those issues may involve parenting plans, time-sharing, child support, alimony, real estate, retirement accounts, businesses, or other marital assets and liabilities.

If the spouses reach an agreement, the appropriate settlement documents can be prepared and submitted to the court.

Collaborative divorce offers another option. In the formal collaborative process, the parties and their collaboratively trained attorneys work toward a negotiated resolution, sometimes with the assistance of financial and mental-health professionals. It operates under a specific legal framework and participation agreement.

Neither mediation nor collaborative divorce is the same thing as simplified dissolution.

They are methods of resolving a divorce. Simplified dissolution is a particular court procedure.

That distinction is especially important for couples with children or substantial financial issues who nevertheless want to end their marriage respectfully and efficiently.

After more than 25 years litigating family-law matters, I can tell you that reaching an intelligent settlement is often far preferable to spending the next year fighting over issues the parties could have resolved themselves.

Not every divorce needs to become a courtroom battle.

How Long Does a Simplified Divorce Take in Florida?

Now that we understand what simplified dissolution actually means, let's discuss the question most people came here to ask: How long does it take?

Florida Statute §61.19 generally requires at least 20 days between filing the original petition and entry of a final judgment of dissolution of marriage. A court may enter judgment earlier upon a showing that waiting would cause injustice.

But that does not mean every simplified divorce is completed in 20 days.

The 20-day requirement is a statutory minimum, not a promise of when the court will finalize your divorce.

The actual timeline depends on several factors, including the accuracy of the paperwork, whether the spouses satisfy all eligibility requirements, the court's calendar, and the procedures used in the county where the case is filed.

Some cases may be completed within several weeks. Others may take longer.

There is no statewide guarantee that your divorce will be finalized within a particular number of days.

Why the County Where You File Matters

Here is something that frequently gets overlooked in articles about simplified divorce.

Florida has statewide laws and court rules, but the administrative procedures for processing a simplified dissolution can vary from county to county.

For example, counties may have different requirements concerning how documents are submitted, how signatures are verified, what supporting documents must accompany the petition, how hearings are scheduled, and whether remote appearances are authorized.

Miami-Dade County may have procedures that differ from those followed in Broward, Orange, Martin, St. Lucie, or Indian River County.

And procedures can change.

That is why I would caution anyone against downloading a packet of forms from the internet, following instructions written for another county, and assuming everything will work exactly the same way at their local courthouse.

Before filing, check the current requirements with the Clerk of the Circuit Court in the county where you intend to proceed. The applicable judicial circuit, family division, and assigned judge may also have relevant instructions.

Florida Supreme Court-approved forms provide the statewide starting point. Local procedures determine how those forms are processed in a particular court.

The law may be statewide. The logistics are often local.

What Happens During a Simplified Dissolution?

The process begins with both spouses determining whether they meet the legal requirements and reaching agreement on their financial affairs.

They then complete the Joint Petition for Simplified Dissolution of Marriage, Florida Family Law Rules of Procedure Form 12.901(a), along with any other required documents.

Depending on the circumstances, those documents may include a marital settlement agreement, appropriate financial disclosures or waivers, proof of Florida residency, and other forms required by the court.

After the documents are properly filed and the applicable fees paid, the case proceeds through the court's scheduling process.

Both spouses should be prepared to participate in the final hearing as required by the court. Any authorized remote appearance or other accommodation must comply with the applicable rules and court orders.

The judge will review the petition and determine whether the legal requirements have been satisfied. If everything is in order and the statutory waiting period has passed, the court may enter a final judgment dissolving the marriage.

The marriage is legally dissolved upon entry of the final judgment—not merely because the spouses signed an agreement or filed their paperwork.

Can You Have Assets and Still Qualify for a Simplified Divorce?

Yes, and this is another area where people get confused.

A simplified dissolution does not necessarily mean the spouses own nothing.

They may have bank accounts, vehicles, retirement accounts, or even real estate.

The important issue is whether they have reached a satisfactory agreement about dividing their assets, allocating their debts, and resolving their joint financial obligations.

But agreeing to divide an asset is not always the same thing as understanding the legal and financial consequences of that division.

For example, transferring an interest in a marital home does not necessarily remove a spouse's liability under the mortgage.

Dividing retirement accounts may require additional documentation or specialized court orders.

And agreeing that one spouse will assume a debt does not automatically release the other spouse from liability to the creditor.

A divorce can be procedurally simple while still involving decisions with significant financial consequences.

That is one reason obtaining legal advice before signing documents can be worthwhile, even when the spouses are getting along.

What If We Have Children but Agree on Everything?

Then congratulations, you may already have accomplished one of the hardest parts of a divorce.

But you still cannot use the simplified dissolution procedure if the applicable child-related eligibility requirements are not satisfied.

Instead, you would generally proceed through a regular dissolution of marriage.

Your agreement would need to address the appropriate issues involving your children, which may include parental responsibility, time-sharing, child support, health insurance, uncovered medical expenses, and other parenting-plan provisions.

The court must still evaluate the applicable legal requirements, including the children's best interests.

The fact that both parents agree is important. It does not eliminate the court's responsibility to review matters involving children.

And importantly, a regular dissolution resolved by agreement does not automatically require a contested trial.

Is a Simplified Divorce Always the Best Option?

Not necessarily. People sometimes become so focused on getting divorced quickly that they overlook the more important question: Are we resolving the issues correctly?

If the spouses have relatively straightforward finances, meet the eligibility requirements, and understand the consequences of their agreement, simplified dissolution may be an appropriate option.

But if there are complicated financial issues, uncertainty about property rights, questions concerning alimony, or concerns about whether the agreement is fair or complete, a regular dissolution may be the more appropriate procedure.

I have always believed that the goal should not simply be to finish a case as quickly as possible.

The goal should be to finish it correctly, with a clear understanding of the rights and obligations that will follow you after the divorce.

Because a divorce judgment may end your marriage, but the financial consequences of a poorly drafted agreement can last considerably longer.

Frequently Asked Questions 

Can we qualify for a simplified divorce if we own a house or have retirement accounts?

Possibly. Having assets does not automatically disqualify a couple from simplified dissolution.

The spouses must have reached a satisfactory agreement regarding the division of their property and debts and must satisfy all other eligibility requirements. They should also understand whether additional documents or orders will be necessary to implement the agreement.

Do both spouses have to appear in court?

Both spouses should be prepared to participate in the final hearing. The manner of appearance is governed by the applicable rules, court orders, and local procedures.

Do not assume that a remote hearing or an excused appearance will be permitted simply because another county handles its cases that way.

Can we get divorced in 20 days?

Florida generally requires at least 20 days after filing before a final judgment can be entered, absent the statutory exception for injustice. That does not mean the court will necessarily have a hearing available on day 20. Scheduling, documentation, and local procedures all affect the actual timeline.

What happens if we start a simplified divorce and then disagree about something?

A simplified dissolution depends upon the spouses satisfying the eligibility requirements and maintaining the necessary agreement. If a material disagreement develops, the simplified procedure may no longer be appropriate. Depending on the circumstances and applicable court procedures, the parties may need to pursue a regular dissolution instead.

Choosing the Right Divorce Process in Florida

The right process depends upon the circumstances of the marriage, the issues that need to be resolved, and the level of agreement between the spouses. Some couples genuinely qualify for simplified dissolution. Others have children, homes, businesses, retirement accounts, and complicated financial arrangements but still manage to reach an amicable agreement without a contested trial.

Both outcomes can be positive. They simply involve different legal procedures.

A simple resolution is not always a simplified divorce. And a regular divorce does not have to become a complicated one. The important thing is choosing the process that fits your circumstances, not trying to force your circumstances into the wrong process.

At Segarra & Associates, P.A., we help clients understand the difference between simplified dissolution, uncontested divorce, mediation, collaborative divorce, and traditional litigation. 

To discuss your Florida divorce options, contact Segarra & Associates, P.A. at (305) 742-5042.

Disclaimer: This article provides general information and does not serve as legal advice. For legal concerns, consult a licensed attorney. Viewing or interacting with this content does not create an attorney-client relationship. This includes submitting a form, leaving a comment, sending a message, making a call, or leaving a voicemail. Laws may vary by jurisdiction. Laws are subject to change; always verify current legal requirements with a qualified professional. Remember that each case is different, the results of each case will vary, and that all videos posted on this website are not legal advice.

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