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Florida Simple Divorce
A simple divorce in Florida is generally one in which the spouses have few disputed issues or already agree on how the divorce should be handled. “Simple divorce” is a commonly used phrase, however—not the name of one universal Florida court procedure.
The correct process depends on whether your spouse agrees, whether your spouse can be located, and whether your case involves children, property, debts, alimony or other unresolved issues.
If both spouses are in full agreement and the case qualifies, Divorce in Florida Online can prepare and file the divorce through our established mutual-agreement process without a court hearing. Neither spouse ordinarily needs to appear in court.
Quick answer:
If your spouse agrees and will sign, you may qualify for a mutual-agreement divorce without a hearing. If your spouse will not cooperate, you may need to proceed by summons. If you cannot locate your spouse after making a diligent search, divorce by publication may be available.
What Does “Simple Divorce” Mean in Florida?
People commonly use “simple divorce” to describe a divorce with fewer complications. For example, the spouses may have no minor children, no alimony request and no disagreement about property or debts.
That does not mean every simple divorce uses the same forms or follows the same procedure. A Florida divorce may begin through:
- Mutual agreement: Both spouses agree and voluntarily sign the required documents.
- Summons: The spouse can be located but will not participate voluntarily.
- Publication: The spouse cannot be located after a diligent search.
Cases involving minor children or property and debts can still proceed by agreement, but they require additional documents and should not be treated as the most basic type of simple divorce.
Simple Divorce vs. Simplified Dissolution in Florida
A simplified dissolution of marriage is a specific Florida court procedure. It is not the same as every divorce that people describe as “simple.”
To use Florida’s formal simplified-dissolution procedure, the spouses must meet several requirements. Among other things, they must agree that the marriage cannot be saved, have no qualifying minor or dependent children, agree on the division of assets and liabilities, make no claim for alimony, sign the joint petition and be willing to attend the final hearing together.
Divorce in Florida Online’s mutual-agreement no-hearing process is different. For eligible clients, we prepare and file a regular mutual-agreement case and submit the final paperwork for the judge’s review without either spouse ordinarily having to attend a court hearing.
| Process | Spouse Cooperation | How the Case Begins | Court Involvement |
|---|---|---|---|
| Mutual agreement | Both spouses agree and sign | Voluntary participation and signed documents | Eligible cases may be completed without a hearing |
| Summons | One spouse will not sign or cooperate | Formal service by a sheriff or process server | May involve mediation, hearings or additional court steps |
| Publication | Participation cannot be obtained because the spouse cannot be found | Diligent search followed by constructive service | Additional procedures and legal limitations apply |
How to Get a Simple Divorce in Florida
How you get a simple divorce in Florida depends mainly on whether your spouse will cooperate and whether your case involves children, property, debts, alimony, or other unresolved issues. A case may proceed by mutual agreement when both spouses cooperate, by summons when a spouse can be located but will not participate voluntarily, or in some cases by publication when a spouse cannot be located after a diligent search.
Option 1: Both Spouses Agree and Will Sign
If you and your spouse agree to end the marriage and are willing to sign the required documents, a divorce by mutual agreement is usually the most direct option.
For the company’s basic simple-divorce service, the case generally must involve:
- No minor children together
- No current pregnancy involving the marriage
- No request for alimony
- No unresolved property, debt, retirement or other financial issues
- Both spouses willing to review and sign the documents
- At least one spouse who satisfies Florida’s six-month residency requirement
Eligible mutual-agreement cases can be prepared and filed through our established no-hearing process. Documents can be signed remotely, the case is filed electronically, and the final paperwork is submitted for the judge’s review.
These cases are generally completed in approximately 30–45 days, although the court controls the final review and timing.
Learn about a Florida simple divorce by mutual agreement without a court hearing.
Option 2: Your Spouse Will Not Cooperate
If you know where your spouse is but they will not sign the divorce documents voluntarily, the case generally cannot proceed through the mutual-agreement process. The spouse must normally be formally served with the petition and summons by a sheriff or process server.
After service, the spouse generally has 20 days to file a response. Depending on what happens next, the case may require mediation, a hearing or other court-directed steps.
Learn how divorce by summons works in Florida.
Option 3: You Cannot Locate Your Spouse
If you do not know where your spouse lives and cannot locate them after making a diligent search, you may be able to use constructive service, commonly called divorce by publication.
This process requires documented efforts to find the missing spouse. If the search is unsuccessful and the legal requirements are satisfied, a Notice of Action is generally published once each week for four consecutive weeks.
Publication has important limitations, particularly when a case involves financial relief, property, support or parental issues. It should not be used merely because contacting the other spouse is inconvenient.
Start with our guide to divorcing a missing spouse in Florida.
Review our simple-divorce-by-publication service.
What If We Agree but Have Property?
Owning property does not automatically make a Florida divorce contested. If both spouses agree on how all assets and debts will be handled, the agreement can be documented in a Marital Settlement Agreement.
Property cases require more detailed documents than the basic no-property service. The spouses should identify all relevant assets and liabilities, including real estate, vehicles, bank accounts, credit cards, retirement accounts and other obligations.
Learn about divorce by mutual agreement with property and no minor children.“>Learn about divorce by mutual agreement with property and no minor children.
What If We Have Minor Children?
A divorce involving minor children requires additional documents and decisions, including a Parenting Plan, child-support calculations, financial information and completion of the required parenting course.
A case with children can still proceed by mutual agreement when both parents agree and the proposed arrangements satisfy Florida requirements. It is not, however, the same as the basic simple-divorce service described on this page.
Learn about divorce with children in Florida.
Florida Residency Requirement
At least one spouse must have resided in Florida for the six months immediately before the divorce petition is filed. It is not necessary for both spouses to live in Florida, and the marriage does not have to have taken place in Florida.
Residency may be established through qualifying documentation or an affidavit from a corroborating witness. A Florida driver’s license, identification card or voter-registration card should show that it was issued at least six months before filing when it is being used as residency evidence.
How Divorce in Florida Online Can Help
Divorce in Florida Online provides nonlawyer document preparation and procedural support for Florida divorce cases. Depending on the service selected, we can:
- Review your intake information to identify the appropriate document-preparation service
- Prepare the required divorce documents from the information you provide
- Coordinate signing and notarization
- Offer remote notarization when available
- E-file eligible cases
- Monitor the court docket
- Provide procedural updates
- Email the final judgment when it becomes available
We cannot give legal advice, represent either spouse or decide whether a proposed agreement protects your legal rights. If you need advice about alimony, property rights, parenting issues or the fairness of an agreement, you should speak with a licensed Florida attorney.
Frequently Asked Questions About Simple Divorce in Florida
Can we get divorced without attending a court hearing?
Yes, if both spouses are in full agreement and the case qualifies for Divorce in Florida Online’s mutual-agreement no-hearing process. We prepare and file the documents and submit the final paperwork for the judge’s review. Court approval is required.
Is a simple divorce the same as a simplified dissolution?
No. “Simple divorce” is a commonly used description. Simplified dissolution is a specific Florida court procedure that has its own eligibility requirements and generally requires both spouses to attend the final hearing.
Can a simple divorce include property?
Yes, when both spouses agree on how the property and debts will be handled. A case involving property requires additional documents and is outside the company’s most basic no-property simple-divorce service.
What happens if my spouse changes their mind?
If your spouse stops cooperating before the case is completed, the mutual-agreement process may no longer be available. If the spouse can be located, the case may need to proceed through formal service by summons. If the spouse’s location becomes unknown, publication may be considered only after a diligent search.
Can I file in Florida if my spouse lives in another state?
Potentially. Only one spouse must satisfy Florida’s six-month residency requirement. The correct procedure also depends on cooperation, service, jurisdiction and the relief being requested.
Do we have to have been married in Florida?
No. A marriage performed in another state or country can generally be dissolved in Florida when the court has jurisdiction and the applicable residency requirements are met.
Can the court filing fee be waived?
You may apply for civil-indigent status if you cannot afford the filing fee. The clerk reviews the application and determines eligibility. Divorce in Florida Online can prepare the application as part of an eligible service, but cannot guarantee approval.
Learn about applying for civil-indigent status in a Florida divorce.
Start With the Process That Fits Your Situation
Tell us whether your spouse agrees, whether you can locate them, and whether your case involves children, property or other unresolved issues. We will contact you to obtain any additional information and determine whether your situation falls within our document-preparation services.
Official Florida Resources
- Florida Statute §61.021 — Residency requirements
- Florida Courts Form 12.901(a) — Joint Petition for Simplified Dissolution of Marriage
- Florida Courts Family Law Forms
Important Nonlawyer Disclaimer
Divorce in Florida Online is not a law firm and does not provide legal advice or legal representation. We provide legal document preparation and related nonlawyer services using information supplied by our customers. Nothing on this page should be considered legal advice. If you need legal advice or representation, consult a licensed Florida attorney.