Florida Divorce Requirements When Both Spouses Agree

Florida Divorce Requirements When Both Spouses Agree, Florida law rewards that agreement with a genuinely faster, lower-conflict path to finalize a divorce. That means no courtroom battles, no dueling attorneys, and no months of unnecessary back-and-forth. But reaching agreement and documenting it in legally enforceable language are not the same thing, and the paperwork still has to be exactly right before a judge signs off.

If you’re researching Florida divorce requirements for couples with no disputes, the first thing to understand is what “no disputes” actually means under Florida law. It means both spouses have reached full written agreement on every issue: how property and debts are divided, whether alimony applies, and if children are involved, a complete parenting plan and child support arrangement. Verbal agreements don’t count. Vague terms don’t hold up. The court needs clear, enforceable language on every point.

Florida actually offers two separate divorce tracks for agreeable couples: simplified dissolution and regular uncontested divorce. Many couples don’t realize these are distinct processes with different eligibility rules. This guide walks through both, along with the residency requirements, required forms, filing fees, waiting periods, and a step-by-step checklist you can follow. One practical note upfront: many couples who feel ready to file are missing one or two key documents, a gap that can send filings back from the clerk’s office and add weeks to the process.

Florida Divorce Requirements for Couples With No Disputes: Two Tracks Explained

Choosing the wrong track leads to rejected filings and lost time, not just inconvenience. Florida’s two options for agreeable couples look similar on the surface but have very different eligibility rules. The clearest way to understand them: all simplified dissolutions are uncontested, but not all uncontested divorces are simplified.

Is simplified dissolution right for your situation?

Simplified dissolution is Florida’s narrowest and fastest divorce option. To qualify, the couple must have no minor or dependent children, no pregnancy, no alimony request from either side, and a complete, signed agreement on all marital property and debts. Both spouses must also be willing to appear together at the final hearing. That last point is a hard requirement for simplified dissolution, not optional.

This track is designed for couples with the cleanest possible circumstances. If every condition is met, the process is lean and moves quickly. If even one condition isn’t met, simplified dissolution is off the table.

When regular uncontested divorce is the better fit

Regular uncontested divorce covers a much broader set of situations. Couples with minor children, alimony arrangements, or more complex property division can still pursue an uncontested case as long as both parties have reached full agreement on all terms. This is the track most Florida couples with no disputes actually use, because real life rarely fits the simplified dissolution criteria perfectly. Think of it as more paperwork, same cooperative spirit.

Residency requirements for Florida divorce

Regardless of which track applies, at least one spouse must have lived in Florida continuously for six full months immediately before the filing date. Both spouses don’t need to qualify, just one. Common proof includes a Florida driver’s license, state ID, or voter registration card. Florida law doesn’t require a separate county residency period, so once the six-month statewide requirement is met, you can file in the circuit court of any county where either spouse currently lives.

What you need to fully agree on before you file

The paperwork is only as strong as the agreement underneath it. Courts won’t approve vague or incomplete terms, and submitting a settlement agreement with gaps will either delay the case or trigger a judicial inquiry. Before a single form is completed, the agreement itself needs to be airtight.

Dividing marital property and debts

Both spouses must agree in writing on who keeps what: real estate, vehicles, bank accounts, retirement accounts, and any shared debts. The marital settlement agreement is the document where all of this is formalized, and the court uses it to issue the final judgment. Incomplete or ambiguous property agreements are one of the most common reasons uncontested divorces get delayed, even when both spouses are fully cooperative.

Spousal support: agreeing to waive or specify alimony

If either spouse wants alimony, the amount, duration, and type must be agreed upon and written into the settlement agreement. If neither spouse wants alimony, that waiver also needs to be documented explicitly, courts require an explicit waiver, and silence is not sufficient. Any unresolved alimony question immediately removes the simplified dissolution option from consideration.

Children: custody, parenting plans, and child support

Couples with minor children must have a complete, court-approved parenting plan that addresses time-sharing schedules, decision-making authority, and holiday arrangements. Florida also requires a completed Child Support Guidelines Worksheet. If the spouses agree to an amount different from the guidelines, they should file a Motion to Deviate from Child Support Guidelines (Form 12.943) with supporting reasons. A UCCJEA affidavit confirming where the child has lived is mandatory as well. Omitting required child-related documents, including the UCCJEA affidavit, parenting plan, and child support worksheet, commonly causes delays or rejection by clerks.

Required Florida divorce forms by situation

Florida uses standardized, Florida Supreme Court-approved forms for all family law cases. Using the wrong form or skipping one is among the most common mistakes in DIY divorce filings. The correct set depends on your track and whether children are involved.

Forms for couples without minor children

For simplified dissolution, you’ll need two core documents: the petition (Form 12.901(a)) and the marital settlement agreement (Form 12.902(f)(3)). For a regular uncontested divorce with property but no children, the petition is Form 12.901(b)(1) and the settlement agreement is Form 12.902(f)(2). Both scenarios also require financial affidavits. Form 12.902(b) is the short form used when income falls below the threshold; Form 12.902(c) is the long form for higher earners.

Forms when minor children are involved

When children are part of the case, the petition is Form 12.901(b)(2) and the settlement agreement is Form 12.902(f)(1). You’ll also need the UCCJEA Affidavit (Form 12.902(d)), the Parenting Plan (Form 12.995(a)), and the Child Support Guidelines Worksheet (Form 12.902(e)). These aren’t optional additions, they are required filings, and missing any one of them will stall the case.

Where to find and download these forms

All Florida Supreme Court-approved family law forms are available free on the Florida Courts Self-Help website. Many county clerk websites also host them, and some counties allow online submission through systems like TurboCourt. Downloading the forms is easy. Completing them with legally enforceable language, in the correct sequence, with all required attachments, is where most couples run into trouble on their own.

Fees, waiting periods, and what happens at the final hearing

Florida doesn’t have a single statewide filing fee for divorce. Fees vary by county and typically include the base petition filing fee plus any applicable judgment fee and service costs. In major counties including Miami-Dade, Broward, Palm Beach, Hillsborough, and Orange, the combined fee generally runs around $408 to $409. The best source for the exact figure is your county clerk’s current fee schedule, which most counties publish online. For qualifying low-income filers, fee waivers may be available, check your county clerk’s website for the applicable application and eligibility requirements.

Florida law requires a minimum of 20 days from the filing date before a final judgment can be entered. This is a statutory pause after filing, not a separation requirement before filing. A judge can waive it in rare circumstances where waiting would cause clear injustice, such as a documented safety concern or medical emergency, but waivers are uncommon and entirely at the judge’s discretion. For most couples, the 20 days pass naturally while paperwork is reviewed and a hearing date is being set.

Even for uncontested cases, a final hearing is typically required. The good news: it’s usually brief, sometimes under 10 minutes. For simplified dissolution, both spouses attend together. For regular uncontested divorce, the petitioner typically appears; some judges in some counties handle these by written submission, depending on local practice. Your clerk’s office can confirm what’s expected in your county.

Step-by-step checklist for Florida divorce requirements for couples with no disputes

1. 1. Confirm eligibility and residency. Verify that at least one spouse has lived in Florida continuously for six full months before the planned filing date. Determine which track applies based on your situation. Gather residency proof, typically a Florida driver’s license or state ID.

1. 1. Draft and finalize your marital settlement agreement. Document every agreed term in writing: property division, debt allocation, alimony decision, and if children are involved, the full parenting plan and child support terms. Both spouses must sign the agreement, and Florida requires notarization on most divorce documents. Check with your county clerk or a qualified professional to confirm whether remote online notarization is accepted in your county.

1. 1. Complete and file all required forms. Select the correct petition based on your track and whether children are involved. Attach all supporting forms: financial affidavits, the signed settlement agreement, and any child-related forms. File with the circuit court clerk in the county where either spouse resides and pay the applicable filing fee.

1. 1. Serve the other spouse and wait out the 20 days. The respondent must be formally served unless they sign a waiver (Form 12.903(a)) acknowledging receipt of the petition. The 20-day statutory period begins on the filing date, not the service date. Use this window to confirm your hearing date with the clerk’s office.

1. 1. Attend the final hearing. Show up prepared with copies of all filed documents. Answer the judge’s questions directly. For most agreeable couples, the hearing is brief and procedural.

How Divorce Harmony makes this process faster and simpler

Most couples who reach out to Divorce Harmony are emotionally ready to move forward. What slows them down is the paperwork: the wrong form, a missing affidavit, a settlement agreement that doesn’t include the right language for judicial approval. These aren’t rare edge cases. They’re a common reason DIY divorce filings get sent back by clerks.

Divorce Harmony is led by Dori Shwirtz, a licensed attorney, Florida Supreme Court Certified Mediator, and divorce coach. The service is designed to handle the documentation and filing process for couples who meet the Florida divorce requirements for an uncontested case. Dori’s team works through every required document, covering couples without children, couples with children, and even missing spouse situations, and the platform includes access to online notarization so there’s no separate appointment to arrange.

For couples who are mostly aligned but still have one or two unresolved issues, Dori’s certified mediation service can bridge those gaps before filing. This keeps the case uncontested and avoids the cost and conflict of litigation. A free initial consultation is available for any couple that wants to review eligibility before committing to anything.

Filing is the hardest part, here’s why the rest moves faster

Florida gives agreeable couples a real, workable path to finalize a divorce without courtroom conflict. Meeting the Florida divorce requirements for couples with no disputes comes down to preparation: the right residency proof, a complete and signed settlement agreement, the correct forms for your specific situation, and a clear understanding of the 20-day waiting period. When those pieces are in place, the path from filing to final judgment is shorter than most people expect.

The first decision, simplified dissolution or regular uncontested divorce, determines the entire sequence that follows. Knowing what Florida requires removes the uncertainty, and having the right support in place removes the risk of delays.

If you want to confirm you’re on the right track before you file a single form, Divorce Harmony’s free consultation is a no-pressure way to do exactly that. Visit DivorceHarmony.com to get started.