Florida gives uncontested couples two different roads to the same destination, a joint simplified dissolution (Form 12.901(a)) that only a narrow group of couples qualify for, and a regular uncontested dissolution (Form 12.901(b) series) that covers everyone else, including any couple with children. The right one depends on eligibility, not preference.
Quick Answer: Simplified dissolution is a joint petition available only when you have no minor or dependent children together, your property is already divided by agreement, neither spouse wants alimony, and both spouses will attend one final hearing together while giving up the right to trial and appeal. If any of that is not true, including if you have children, you use the regular uncontested dissolution process instead, which still lets you agree on everything but follows the standard Petitioner and Respondent structure with formal service.
Short Answer
Both tracks end in the same result, a final judgment dissolving your marriage. They differ in who files, what you give up, and how many forms you need. Simplified dissolution trades a longer form checklist for speed and simplicity. Regular uncontested dissolution keeps the standard petition and service structure but never requires you to waive rights you do not want to waive.
What Is Simplified Dissolution?
Simplified dissolution uses Form 12.901(a), Joint Petition for Simplified Dissolution of Marriage, filed and signed by both spouses together. There is no Petitioner and Respondent distinction, no summons, and no formal response deadline, because both spouses are already asking the court for the same thing at the same time.
What Is Regular Uncontested Dissolution?
Regular dissolution uses one of three petitions, Form 12.901(b)(1), Form 12.901(b)(2), or Form 12.901(b)(3), depending on whether you have minor children and property. One spouse, the Petitioner, files and the other, the Respondent, must be formally served with the petition and a Summons (Form 12.910(a)), then has 20 days to respond. Even when both spouses fully agree on every issue, this structure still applies, and the case is "uncontested" in outcome, not in procedure. See How to Serve Divorce Papers in Florida for how that service step actually works.
Eligibility, Side by Side
- **Minor or dependent children**: Simplified requires none together (and the wife not currently pregnant). Regular allows any situation, including minor or dependent children.
- **Property division**: Simplified requires it already agreed and divided. Regular allows property to be agreed on during the case, documented in a Marital Settlement Agreement.
- **Alimony**: Simplified requires neither spouse to be seeking it. Regular allows alimony to be requested and agreed to.
- **Who files**: Simplified is filed jointly by both spouses. Regular is filed by one spouse (the Petitioner); the other (the Respondent) is served.
- **Trial and appeal rights**: Simplified requires both spouses to affirmatively give these up. Regular does not require a formal waiver, even in an agreed case.
- **Final hearing attendance**: Simplified requires both spouses to attend together. Regular generally requires the Petitioner to appear; Respondent attendance requirements vary by circuit when the case is uncontested.
What You Give Up With Simplified Dissolution
Simplified dissolution is not just a shorter version of the same process. Signing Form 12.901(a) means both spouses are affirmatively certifying, under penalty of perjury, that they are willing to give up their right to trial and to appeal the outcome, and that they will both appear at the final hearing together. These are not formalities. If either spouse later wants to contest something, or one spouse cannot or will not attend the joint hearing, the case has to move to the regular track instead.
Both of these tradeoffs are built into Form 12.901(a) itself. If you are not fully comfortable waiving trial and appeal rights, or you cannot guarantee both spouses will attend a joint final hearing, simplified dissolution is not the right fit, and the regular uncontested track remains fully available to an agreed couple.
Which Forms Each Track Uses
Simplified dissolution centers on a short set of forms: the joint petition itself, a Marital Settlement Agreement or oral agreement confirmation, financial affidavits or a signed waiver of them, a Cover Sheet for Family Court Cases, and Form 12.990(a) as the final judgment.
Regular uncontested dissolution uses a longer set: the matching Form 12.901(b) petition, a Summons, an Answer from the Respondent, financial affidavits, a Certificate of Compliance with Mandatory Disclosure, and, with minor children, a Parenting Plan and Child Support Guidelines Worksheet, ending in a matching Form 12.990(b) final judgment.
For the complete list in filing order for both tracks, see Florida Uncontested Divorce Checklist.
Which One Should You Choose?
If you meet every simplified eligibility rule and both spouses are genuinely comfortable waiving trial and appeal rights and attending one hearing together, simplified dissolution is generally the more direct path, with fewer forms and no formal service step. If you have minor or dependent children, still have property to work out, either spouse wants alimony, or either spouse is not willing to attend a joint hearing or waive those rights, the regular uncontested track is not a downgrade, it is the only track that fits your situation, and it can still move quickly when both spouses agree throughout.
Can You Switch Tracks Mid-Case?
Yes, in the sense that nothing prevents you from starting over on the correct track if you initially filed the wrong petition. If a joint simplified petition turns out not to fit, for example because a spouse becomes unwilling to attend the joint hearing, the case generally needs to proceed as, or convert to, a regular dissolution instead, using the matching Form 12.901(b) petition rather than trying to combine the two tracks' forms.
Common Mistakes to Avoid
- Filing the joint simplified petition despite having a minor or dependent child together, which disqualifies the case
- Assuming simplified dissolution is always faster, when your specific circuit's calendar can affect either track's timeline
- Signing Form 12.901(a) without fully understanding that you are waiving trial and appeal rights
- Assuming the regular track requires a contested hearing; it does not, it simply keeps the standard Petitioner and Respondent structure
- Not confirming whether your circuit requires the Respondent to appear in person on an uncontested regular case
Frequently Asked Questions
What is the difference between simplified and regular dissolution of marriage in Florida?
Simplified dissolution (Form 12.901(a)) is a joint petition both spouses file and sign together, available only when neither spouse has minor or dependent children, property is already divided by agreement, no alimony is requested, and both spouses will attend one final hearing together while giving up trial and appeal rights. Regular dissolution (Form 12.901(b) series) is the standard process, where one spouse (the Petitioner) files and the other (the Respondent) is formally served and has 20 days to respond. It is required for any couple with children and available to any other couple, agreed or not.
Can we use simplified dissolution if we have children from a previous relationship?
The eligibility rule looks at minor or dependent children of the marriage together, not just any children either spouse has. If you and your current spouse have no minor or dependent children together and the wife is not pregnant, a child either of you has from a previous relationship does not, by itself, disqualify you from simplified dissolution. If you are unsure whether your situation qualifies, the regular uncontested track (Form 12.901(b) series) always remains available.
Do both spouses have to appear in court for either track?
For simplified dissolution, yes. Both spouses must attend the final hearing together; this is a firm eligibility requirement, not optional. For regular uncontested dissolution, the Petitioner generally appears at the final hearing, and in many circuits the Respondent does not have to appear in person if they have filed an answer or waiver confirming they do not contest the case, though this can vary by circuit. Confirm your specific circuit's practice with the clerk before your hearing.
Is simplified dissolution actually faster than regular dissolution?
It can be, mainly because it skips formal service of process and the 20 day response window that the regular track requires even in a fully agreed case. Both tracks still require the same 6 month Florida residency requirement, and neither track has a mandatory statewide waiting period beyond that, so the time difference comes primarily from how quickly the paperwork and hearing can be scheduled, which also depends on your specific circuit's calendar.
What if we agree on everything but I do not want to give up my right to trial?
Then simplified dissolution is not the right fit, since waiving trial and appeal rights is a required condition of Form 12.901(a), not an optional one. You can still have a fully uncontested case on the regular track (Form 12.901(b) series): both spouses can agree on every issue and document that agreement in a Marital Settlement Agreement, without formally waiving your underlying right to a trial if the case somehow became contested later.
Which forms does each track use?
Simplified dissolution centers on the joint Form 12.901(a) petition, a Marital Settlement Agreement, financial affidavits or a waiver of them, and Form 12.990(a) as the final judgment. Regular uncontested dissolution uses a Form 12.901(b) petition matching your situation, a Summons (Form 12.910(a)), an Answer from the Respondent, financial affidavits, a Certificate of Compliance with Mandatory Disclosure, and, with minor children, a Parenting Plan and Child Support Guidelines Worksheet. See our full Florida Uncontested Divorce Checklist for every form in filing order.
Can Virdix tell me which track I qualify for?
Yes. Virdix asks about your children, property agreement, alimony, and willingness to attend a joint hearing, and tells you which track fits before preparing any forms. Virdix is a document preparation service, not a law firm, and does not provide legal advice.
How Virdix Helps
Virdix asks about your children, property agreement, alimony, and willingness to attend a joint hearing, then tells you which of Florida's two uncontested tracks actually fits your situation before preparing a single form. You get the correct petition and matching Family Law Rules of Procedure forms from the start. Start free. Pay once, only when your documents are ready. See Divorce in Florida on Virdix for the full picture of what Virdix covers in Florida today.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Circuit-level practices, such as whether a Respondent must appear at an uncontested hearing, can vary; always confirm current requirements with the Florida Courts or your circuit court clerk. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Courts (flcourts.gov), Florida Family Law Rules of Procedure Forms 12.901(a) and 12.901(b), Chapter 61, Florida Statutes