Chapter 61 of the Florida Statutes, titled “Dissolution of Marriage; Support; Time-Sharing,” governs divorce in Florida.¹ This article covers what the statute, the family law forms approved by the Supreme Court of Florida, and the Sixth Judicial Circuit’s Pinellas County checklists say about an uncontested divorce, both for spouses without minor children and for spouses with them. The numbered notes at the end link to each original.
Related articles in this series include Simplified Dissolution of Marriage: What the Official Sources Say and Parenting Plans and Time-Sharing: What the Official Sources Say.
The information that follows is taken directly from Florida statutes, Supreme Court approved family law forms, circuit court checklists, and Florida Bar publications. It is provided for educational purposes only and does not represent legal advice or the legal opinions of the author.
Who Can File for Divorce in Florida
Section 61.021 provides that “[t]o obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.”¹ Section 61.052(1) lists two grounds for a dissolution, “[t]he marriage is irretrievably broken” and “[m]ental incapacity of one of the parties.”
Section 61.19 sets a minimum waiting period. It provides that “[n]o final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage,” unless the court finds “that injustice would result from this delay.”²
Simplified Dissolution for Spouses Without Children
Form 12.901(a), the Joint Petition for Simplified Dissolution of Marriage, is signed by both spouses. Its current instructions state that a simplified dissolution may be filed “if all of the following are true,” and the conditions listed include these:³
- “You and your spouse have no minor or dependent child(ren) together, the wife does not have any minor or dependent children born during the marriage, and the wife is not now pregnant.”
- “You and your spouse are not seeking support (alimony) from the other.”
- “You and your spouse are willing to give up your right to trial and appeal.”
- “You and your spouse are both willing to attend the final hearing (at the same time).”
The instructions continue, “If you do not meet all of the criteria above, you must file a regular petition for dissolution of marriage.”³ The petition gives spouses a choice between attaching a Marital Settlement Agreement, Form 12.902(f)(3), and stating that their agreement “is not in writing.”
An Uncontested Regular Petition Without Children
The Sixth Judicial Circuit’s Pinellas County checklist for cases without minor children names two petitions. Form 12.901(b)(2) is for spouses with property, and Form 12.901(b)(3) is for spouses with no property.⁴ The checklist’s initial filing also lists a Notice of Social Security Number, a financial affidavit or a joint waiver of financial affidavits, proof of Florida residency, and a summons. It lists a Marital Settlement Agreement, Form 12.902(f)(2), which “must be signed by both parties and notarized.” The checklist states that it “lists the minimum requirements” and “may not be all inclusive for every case.”
For the spouse who receives the petition, the Eighteenth Judicial Circuit’s Brevard County checklist describes Form 12.903(a), Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage. It states that the form is used “when you have been served with a petition for dissolution of marriage and you do not wish to contest it or appear at a hearing.”⁵ The checklist adds that a spouse who files it is “admitting all the allegations in the petition.”
Additional Steps for Spouses With Children
The Sixth Judicial Circuit’s Pinellas checklist for cases with minor children starts from Form 12.901(b)(1), Petition for Dissolution of Marriage with Dependent or Minor Child(ren).⁶ Its additional filings include a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Form 12.902(d), and “[a]n appropriate Parenting Plan – Forms 12.995(a), 12.995(b), or 12.995(c).” It also lists a Child Support Guidelines Worksheet, Form 12.902(e), and a Marital Settlement Agreement for cases with children, Form 12.902(f)(1). Section 61.046(14) defines a parenting plan as “a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child.”¹
Section 61.21 addresses a parenting course. Subsection (4)(a) provides that all parties to a dissolution with minor children “shall complete the Parent Education and Family Stabilization Course before the entry by the court of a final judgment.”⁷ Under subsection (5), “the petitioner must complete the course within 45 days after the filing of the petition, and all other parties must complete the course within 45 days after service of the petition,” unless the court excuses attendance. The Pinellas checklist states that the course “may be taken online at any DCF approved site.”⁶
Getting to the Final Hearing
In Pinellas County, the checklist’s step for “[a]fter an Answer is filed or the Clerk enters a Default” reads, “[c]all the Family Law office to request a review of your case to see whether or not it is ready for a hearing (727)582-7200.”⁴ If the case is ready, “the Family Law office will pass it on to the General Magistrate’s office for scheduling and you will receive a notice of hearing from their office.” These steps are specific to Pinellas County.
For simplified petitions, the Form 12.901(a) instructions state that “you and your spouse must attend the simplified dissolution of marriage final hearing,” and that “if all of the papers are in order, the court may grant a final judgment dissolving your marriage.”³
Legal Questions and Contested Cases
The Pinellas checklists state that they are “not intended, and should not be substituted for, proper legal advice from an attorney.”⁴ The Florida Bar Lawyer Referral Service connects members of the public with Florida attorneys and can be reached at 800-342-8011 or floridabar.org/public/lrs.⁸ The Bar’s referral page notes that the service does not provide pro bono lawyers, and it points readers who need free help to Florida legal aid programs.
Need help completing the forms?
Form America LLC, the publisher of this site, offers flat-rate form completion and filing instructions for uncontested Florida divorce forms, with or without minor children, in all 67 Florida counties. To request help with Form 12.901(a), Forms 12.901(b)(1), (b)(2), or (b)(3), or the settlement agreements, financial affidavits, and parenting plan forms filed with them, use the contact form at noncontested.com. Because these are Supreme Court approved family law forms, Rule 10-2.2 of the Rules Regulating The Florida Bar allows a nonlawyer to ask you the factual questions needed to fill in the blanks and to tell you how to file the form.⁹ Every engagement begins with the signed Disclosure from Nonlawyer that the rule requires. Form America cannot answer legal questions or tell you which petition fits your marriage, how to divide property and debts, whether to seek alimony, what parenting plan or child support terms to choose, or whether to waive financial affidavits. Those decisions are yours. If you have a legal question, if your spouse does not agree, or if you would like an attorney, The Florida Bar Lawyer Referral Service can be reached at 800-342-8011.
Notes
- The Florida Senate, 2026 Florida Statutes, Chapter 61, Dissolution of Marriage; Support; Time-Sharing.
- The Florida Senate, Florida Statutes, Section 61.19, Entry of judgment of dissolution of marriage, delay period.
- Volusia County Clerk of the Circuit Court, Instructions and Form 12.901(a), Joint Petition for Simplified Dissolution of Marriage (06/25).
- Sixth Judicial Circuit of Florida, Case Progression Checklist, Dissolution of Marriage without Dependent or Minor Child(ren), Pinellas County (6/2024).
- Eighteenth Judicial Circuit of Florida, Case Checklist, Petition for Dissolution of Marriage with Dependent or Minor Child(ren), Brevard County.
- Sixth Judicial Circuit of Florida, Case Progression Checklist, Dissolution of Marriage with Dependent or Minor Child(ren), Pinellas County (6/2024).
- The Florida Senate, Florida Statutes, Section 61.21, Parenting course authorized; fees; required attendance authorized; contempt.
- The Florida Bar, Lawyer Referral Service.
- The Florida Bar, Rules Regulating The Florida Bar, Chapter 10, Rule 10-2.2, Form Completion by a Nonlawyer (June 30, 2026 edition).
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