Florida Form 12.901(a) — Simplified Dissolution of Marriage Explained

In Florida court papers, a divorce is called a "dissolution of marriage." Florida has a shorter version, called a simplified dissolution, for married couples who agree on everything. Both spouses use one form together: Form 12.901(a), the Joint Petition for Simplified Dissolution of Marriage. The current form and its instructions are dated 06/25 [1].

Download Form 12.901(a) and its instructions from the Florida Courts website. The instructions come first in the PDF, followed by the form itself [1].

The conditions the official instructions list

The instructions say a couple may file a simplified dissolution "if all of the following are true" [1]. In plain words, the list is:

• Both spouses agree the marriage cannot be saved [1].
• The spouses have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant [1].
• The spouses have worked out how to divide what they own (their assets) and who pays which debts (their liabilities), and both agree with that division [1].
• Neither spouse is asking the other for support (alimony) [1].
• Both are willing to give up their right to a trial and to an appeal [1].
• Both have signed the petition [1].
• Both are willing to attend the final hearing, at the same time [1].

There is also a residence rule. The instructions say one spouse or the other "must have lived in Florida for at least 6 months before filing" [1]. Florida Statutes section 61.021 says one of the spouses must reside in Florida for 6 months before the petition is filed [6].

The instructions add that a couple who does not meet every condition "must file a regular petition for dissolution of marriage" [1]. The instructions for Form 12.901(b)(2), a regular petition, list situations in which the simplified petition cannot be used [5]. Examples include spouses who disagree about property or debts and want a judge to decide, and a spouse who wants to ask questions and get documents about the other spouse's income, expenses, assets, or debts before a trial or settlement [5].

What the form asks, item by item

Both spouses state, under penalty of perjury, that each of these is true [1]:

1. Both are asking the court to end the marriage [1].
2. Where each spouse lives (county and state) and since what date [1].
3. The date and place of the marriage [1].
4. "Our marriage is irretrievably broken." [1] Florida law lists an irretrievably broken marriage as one of the two grounds for a dissolution judgment [7].
5. There are no minor or dependent children together, no minor or dependent children born to the wife during the marriage, and no pregnancy [1].
6. The spouses have divided their assets and liabilities by agreement and are satisfied with it [1]. They check one box: their written Marital Settlement Agreement, Form 12.902(f)(3), is attached, or their agreement is not in writing [1]. The form also asks them to check whether their financial affidavits are being filed with the petition or whether they have signed Form 12.902(k), a Notice of Joint Verified Waiver of Filing Financial Affidavits [1].
7. Whether either spouse wants to return to a former name, and what that name was [1].
8. Neither spouse was threatened or pressured into signing, and each understands the result may be "a final judgment ending our marriage and allowing no further relief" [1].
9. Both understand that they must come to the hearing to testify [1].
10. Each understands that by signing, they may be giving up legal rights that come from the marriage [1].
11. They ask the court to end the marriage and approve their settlement agreement if one is filed [1].

Each spouse then signs and adds a printed name, address, phone number, and email address [1]. If a nonlawyer helped fill out the form, that person must add their name and business details at the end [1].

What each spouse does

The form still uses the labels "Petitioner" and "Respondent" for the two spouses, but both make the same sworn statements and both sign [1].

• Both sign the petition. The instructions say: "Each of you must sign the petition." [1]
• Both sign the settlement agreement, if they use one. For Form 12.902(f)(3), "Both parties must sign the agreement and have their signatures witnessed by a notary public or deputy clerk." [2]
• Both attend the final hearing. The instructions say the spouses must attend the final hearing together on the date that is set [1].
• Both testify. In the petition, each spouse states that "we both must come to the hearing to testify about the things we are asking for in this petition." [1]

The steps the instructions describe

After the form is filled out, the instructions describe these steps [1]:

1. The petition is filed with the clerk of the circuit court in the county where the spouses live, and they keep a copy [1].
2. The couple proves that one of them has lived in Florida long enough. The instructions list three ways [1]: a valid Florida driver's license, Florida identification card, or voter registration card issued to one spouse at least 6 months before filing; testimony from another person who knows that one spouse has lived in Florida for more than 6 months and is available to testify in court; or an Affidavit of Corroborating Witness, Form 12.902(i), signed by a person who knows that, in front of the clerk or a notary public [1].
3. The couple pays the filing fee to the clerk. A couple that cannot afford it may file an Application for Determination of Civil Indigent Status, and the clerk decides whether the fees can be waived [1].
4. The couple completes a Family Court Cover Sheet, Form 12.928 [1].
5. The couple gets a final hearing date, either from the clerk or from the court, depending on the area [1].
6. Depending on the area, the couple either brings a completed Final Judgment of Simplified Dissolution of Marriage, Form 12.990(a), to the hearing, or the court prepares it there [1].

The instructions also warn: "If you fail to complete this procedure, the court may dismiss the case." [1]

What the final judgment says

The instructions say that if "all of the papers are in order," the court may grant a final judgment ending the marriage by signing it [1]. The official final judgment form, Form 12.990(a), includes findings that at least one spouse lived in Florida for more than 6 months before filing, that there are no minor or dependent children in common, and that the marriage is irretrievably broken [3]. It then states that "the parties are restored to the status of being single" [3]. The judgment can approve the marital settlement agreement, or award each spouse the personal property already in that spouse's possession, and it can restore a former name [3]. The court keeps the power to enforce the settlement agreement [3].

A point the official papers warn about

A settlement agreement does not by itself move the title to property such as a house or car. The Form 12.902(f)(3) instructions say: "This form does not act to transfer title to the property." They say a transfer must be done by deed or by a supplemental final judgment [2].

A note on financial affidavits and disclosure

Two different things are easy to mix up: exchanging financial information with the other spouse, and filing financial affidavits with the court. The official papers do not all use the same wording on this point.

• Mandatory disclosure. In most Florida family cases, each party must give the other certain financial information and documents, a step called mandatory disclosure [4]. The Form 12.932 instructions say the rule applies to all original and supplemental cases "except simplified dissolution of marriage cases" and cases where the respondent is served by constructive service and does not answer [4]. Those instructions also say that when parties agree to skip other disclosure documents, the financial affidavit "is required in all cases and cannot be waived" [4].
• The later rule change. When the Florida Supreme Court amended Rule 12.285 in 2023, it said parties may waive the requirement to file financial affidavits in certain circumstances, "although the affidavits must still be exchanged by the parties" [8]. The amended rule text in that opinion also says parties are not required to file or serve a financial affidavit if they are seeking a simplified dissolution, have no minor children, have no support issues, and have filed a written settlement agreement disposing of all financial issues [8].
• The forms. Form 12.901(a) asks the spouses to check whether financial affidavits are being filed or whether they signed Form 12.902(k), the joint waiver of filing [1]. The older final judgment form, dated 9/00, still says each party "has filed the required Financial Affidavit" when a settlement agreement is used [3].

This page reports what each official paper says. It does not decide which option applies to a particular couple.

Questions

Can a couple with children use a simplified dissolution?

The instructions list, as one condition, that the spouses have no minor or dependent children together, that the wife has no minor or dependent children born during the marriage, and that the wife is not pregnant [1]. Couples who do not meet every listed condition are directed to a regular petition [1]. The guide to Form 12.901(b)(1) covers the regular petition used in cases with children.

Do both spouses have to go to the final hearing?

The instructions say both spouses must attend the simplified dissolution final hearing [1]. Each spouse also states in the petition that both must come to the hearing to testify [1].

Can one spouse ask for alimony in a simplified dissolution?

One listed condition is that neither spouse is seeking support (alimony) from the other [1]. The Form 12.901(b)(2) instructions also say the simplified petition cannot be used if either spouse is seeking alimony [5].

Does the settlement agreement have to be in writing?

The form offers two options: a signed Marital Settlement Agreement, Form 12.902(f)(3), attached to the petition, or an agreement that is not in writing [1]. The instructions describe the second option as agreeing that assets and liabilities "have been disposed of by oral agreement" [1].

How is Florida residence proved?

The instructions list three ways: a valid Florida ID document issued long enough before filing, a qualifying witness who testifies in court, or a qualifying witness's signed Form 12.902(i); the exact conditions are in the steps section above [1]. Section 61.052 of the Florida Statutes lists similar ways to corroborate residence, including a third party's testimony or affidavit [7].

Related guides

• Florida Divorce Without a Lawyer — the Official Forms, in Order
• Florida Uncontested Divorce Final Hearing Checklist
• Florida Legal Glossary for Family Law and Landlord-Tenant Cases
• Florida Form 12.901(b)(1): Divorce Petition With Children, Explained