Florida Divorce Without Children (2026) — File It Yourself

If you and your spouse don't have minor children together, Florida gives you some of the fastest and simplest divorce options in the country. With no custody or child support to work out, the only issues are ending the marriage and dividing what you own and owe.

Disclaimer: This is general legal information, not legal advice. Consult a licensed Florida family law attorney for guidance on your specific situation.

Florida's Fast-Track Option: Simplified Dissolution

If you have no children and meet all the criteria below, Florida's Simplified Dissolution of Marriage is your best path. It's faster, simpler, and involves fewer forms than a regular dissolution.

You qualify for Simplified Dissolution if ALL are true:

• No minor or dependent children together (and no current pregnancy)
• Neither spouse is requesting alimony
• Both spouses have agreed on how to divide all marital property and debts
• Both spouses are willing to appear at the final hearing together
• Both spouses have read and signed the required disclosure (Form 12.902(f)(1))

Simplified Dissolution uses:

• Form 12.901(a) — Petition for Simplified Dissolution of Marriage
• Form 12.902(f)(1) — Notice of Social Security Number
• Financial Affidavit (short form)
• A brief joint final hearing where both spouses appear

Timeline: As little as 30–45 days from filing to final judgment.

If you don't qualify, use the regular dissolution process below.

Regular Dissolution — No Children

The Two Paths

Uncontested (both cooperating): Both spouses agree on all terms. One files, the other responds or signs an acceptance of service. Clean and straightforward.

Default (spouse unresponsive): You file and serve your spouse, but they don't respond within 20 days. You proceed to a default final hearing without them.

Residency Requirement

At least one spouse must have lived in Florida for 6 months before filing. No county-specific requirement.

The Forms You Need

All free at flcourts.org:

For the petition:

• Form 12.901(b)(2) — Petition for Dissolution of Marriage Without Dependent or Minor Children

Financial disclosure (both spouses — mandatory):

• Form 12.902(b) — Family Law Financial Affidavit (Short Form, for income under $50,000/year)
• Form 12.902(c) — Family Law Financial Affidavit (Long Form, for income $50,000+/year)
• Form 12.932 — Certificate of Compliance with Mandatory Disclosure

Respondent's participation:

• Acceptance of Service (spouse signs voluntarily — simplest option)
• OR Form 12.903(a) — Answer to Petition

Finalizing:

• Proposed Final Judgment of Dissolution of Marriage (no official form number — you draft this or use a template)
• Marital Settlement Agreement (you draft this — spells out all agreed terms)

Property and Debt Division

Florida divides marital property equitably — not automatically 50/50 like California, but courts start from equal and adjust based on circumstances.

In an agreed divorce, you and your spouse can divide things however you both accept. The court will generally approve any reasonable voluntary agreement.

What Your Marital Settlement Agreement Must Cover

Assets:

• The marital home (who keeps it, sells it, or deferred sale)
• Vehicles (who keeps each, who is responsible for the loan)
• Bank and investment accounts
• Retirement accounts (see QDRO note below)
• Business interests
• Valuable personal property

Debts:

• Mortgage (and refinancing requirement if one spouse keeps the home)
• Car loans
• Credit cards
• Any other marital debt

Alimony: Florida allows alimony in some cases. In an agreed divorce, you can waive it entirely or agree to an amount and duration. Types include bridge-the-gap, rehabilitative, durational, and permanent. If neither spouse is requesting alimony, include a clear waiver in your MSA.

Be specific. Include account numbers, VINs, and full property descriptions. Vague language creates enforcement problems later.

Retirement Accounts

Retirement contributions made during the marriage are marital property. Dividing employer plans requires a QDRO (Qualified Domestic Relations Order) — a separate court order sent to the plan administrator. Without a QDRO, the plan won't honor the division. Consider hiring a QDRO specialist for this piece.

Mandatory Financial Disclosure — Florida's Key Requirement

Unlike many states, Florida requires both parties to exchange extensive financial documents within 45 days of service:

• Completed Financial Affidavit
• Last 3 years of tax returns
• Last 3 months of pay stubs
• Last 12 months of bank statements
• Last 12 months of investment/brokerage statements
• Most recent retirement account statements

File Form 12.932 with the court confirming you exchanged these documents.

Both parties can agree in writing to reduce (but not eliminate) mandatory disclosure in an uncontested case. The financial affidavit is always required.

Step-by-Step: Uncontested Florida Divorce Without Children

Step 1

Confirm residency. Decide: Simplified Dissolution or regular petition.

Step 2

Download forms from flcourts.org. Fill out Form 12.901(b)(2) completely.

Step 3

File at the Clerk of the Circuit Court. Pay $395–$410 filing fee.

Step 4

Serve your spouse (or have them sign Acceptance of Service). File proof of service.

Step 5

Both spouses complete and exchange financial disclosure documents within 45 days. File Form 12.932.

Step 6

Draft your Marital Settlement Agreement covering all property, debt, and alimony terms.

Step 7

Wait out the 20-day period (or waive it in your MSA if both agree).

Step 8

File proposed Final Judgment with MSA attached. Schedule final hearing.

Step 9

Attend brief final hearing. Judge signs Final Judgment.

Step 10

File signed Judgment. Get certified copies. Done.

Timeline and Cost

FAQ

What is the difference between Simplified and Regular Dissolution? Simplified requires both spouses to appear together at the final hearing and has stricter eligibility criteria (no children, no alimony, full agreement). It's faster and simpler. Regular dissolution is more flexible and works for any uncontested case.

Can we waive the 20-day waiting period? Yes. Include a waiver provision in your Marital Settlement Agreement. The judge can then enter the Final Judgment without waiting the full 20 days.

Do I need to go to court? Florida generally requires a brief final hearing even for uncontested divorces. It typically takes 15–30 minutes.

What if we agree on everything but the house? The home can be addressed in your MSA — who keeps it with a buyout, a sale and split, or a deferred sale. As long as you both agree, the court will generally approve it.

Can we waive alimony? Yes. In an agreed divorce, either or both spouses can waive alimony entirely. Include a clear waiver in your MSA.

Last reviewed: March 2026 | Verify current forms at flcourts.org.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.