Florida Uncontested Divorce

Simplified Dissolution of Marriage

Do You Qualify for a Simple (Uncontested) Divorce?

To qualify for a Simplified Dissolution of Marriage, also known as the Florida Uncontested Divorce or Simple Divorce, you and/or your spouse must have lived in Florida for at least 6 months before filing AND all of the following are true:

• You and your spouse agree that the marriage cannot be saved.
• You and your spouse have no minor or dependent children together and the wife is not now pregnant.
• You and your spouse have worked out how the two of you will divide the things that you both own (your assets) and who will pay what part of the money you both owe (your liabilities), and
• you are both satisfied with this division.
• You are not seeking support (alimony) from your spouse, and vice versa.
• Neither you nor your spouse wish to have any financial information other than that provided in the financial affidavits.
• You are willing to give up your right to trial and appeal.
• You and your spouse are both willing to go into the clerk’s office to sign the petition (not necessarily together).
• You and your spouse are both willing to go to the final hearing (at the same time).

If you do not meet the Florida uncontested divorce criteria above, you must file a Divorce - No Property or Children, or one of the following Florida divorce forms:

Dissolution of Marriage - With Property No Children

Dissolution of Marriage - With Children

Each of you must sign the Florida uncontested divorce petition in the presence of a deputy clerk (in the clerk’s office), although you do not have to go into the clerk’s office at the same time.

You will need to provide picture identification (valid driver’s license or official identification card) for the clerk to witness your signatures.

OK, now what do I do?

• In addition to the Florida uncontested divorce petition, you must file the forms listed below.
  • Financial Affidavit - Each of you must complete a separate financial affidavit.
  • Notice of Social Security Number - Each of you must complete a separate notice.
  • Marital Settlement Agreement - You will complete one agreement together.

• You must prove to the court that either one or both of you has lived in Florida for more than 6 months before filing the petition.

  Residence can be proved by:

  • a valid Florida driver’s license,
  • a Florida identification card,
  • a voter registration card issued to one of you at least 6 months prior to filing,
  • the testimony of another person who knows that either you or your spouse has resided in Florida for more than 6 months and is available to testify in court, or
  • an affidavit. - Affidavit of Corroborating Witness

    This form must be signed by a person who knows that either you or your spouse has lived in Florida for more than 6 months before the date that you filed the petition for dissolution of marriage. This affidavit may be signed in the presence of the clerk of the court or in the presence of a notary public, who must affix his or her seal at the proper place on the affidavit.

• You must pay the appropriate filing fees to the clerk of the circuit court.

  If you and your spouse cannot afford to pay the filing fees, you may fill out an Application for Determination of Civil Indigent Status, and file it with your petition for dissolution of marriage. You may obtain this form from the clerk and he or she will determine whether you are eligible to have filing fees waived.

• Either you or the clerk of court will need to complete a civil cover sheet found in Form 1.997 of the Florida Rules of Civil Procedure. The clerk’s office can provide this form.

• You must obtain a date and time for a court appearance from the clerk of court. This is called the Final Hearing.

  At the Final Hearing, you and your spouse must appear together before a judge. You should complete a Final Judgment of Simplified Dissolution of Marriage and bring it with you to the hearing.