The short answer
Sometimes. In Florida, both spouses must appear at the final hearing in a simplified dissolution under Rule 12.105, but in a regular uncontested divorce usually only the petitioner (the spouse who filed) has to attend.
Do both spouses need to attend the final hearing?
The final hearing is usually short, and knowing who has to be there makes it easier to plan. Sometimes. It depends on which kind of Florida divorce you filed. In a simplified dissolution, both spouses must appear before the judge. In a regular uncontested divorce, usually only the petitioner, the spouse who filed, has to attend. In a contested divorce, both spouses must attend.
The rule for simplified cases comes from Rule 12.105(b), Florida Family Law Rules of Procedure, as amended effective October 1, 2026. It says:
"The parties shall appear before the court in every case and, if the court so directs, testify."
The Brevard County Clerk of the Court explains the other two paths the same way: in an uncontested case the petitioner must attend but the respondent (the other spouse) does not have to, and in a contested case both spouses must attend the final hearing or trial (as of October 2026).
| Type of divorce | Who must attend | Source |
|---|---|---|
| Simplified dissolution | Both spouses | Rule 12.105(b), Florida Family Law Rules of Procedure |
| Regular uncontested divorce | The petitioner; the respondent may attend but does not have to | Brevard County Clerk of the Court |
| Contested divorce | Both spouses, at the final hearing or trial | Brevard County Clerk of the Court |
What does the answer depend on?
Your answer turns on a few facts about your case and your court.
- Type of case: A simplified dissolution is a short process for couples with no minor children who agree on everything and give up the right to a trial. Both of you must go to its final hearing.
- Whether your spouse agrees: In a regular case, your spouse can file an answer agreeing to the petition, or an answer and waiver. Then the petitioner can usually finish the case alone.
- Proof of residence: Florida requires one spouse to have lived in the state for at least six months before filing. Under § 61.052(2), Florida Statutes, you can prove this with a Florida driver license, Florida ID card, voter registration card, or a witness's testimony or affidavit (a sworn written statement).
- Your judge and county: Practice varies. Some judges handle uncontested cases on paperwork alone, and others want a short hearing.
Tip: Ask the clerk or the family division whether your judge allows video hearings. Under Rule 2.530, Florida Rules of General Practice and Judicial Administration, a judge may let people appear by video, but hearings with testimony need good cause and the judge's approval.
If you are handling the case yourself, our guide on how to get a divorce in Florida without a lawyer walks through the forms and hearing step by step. For timing, see how long an uncontested divorce takes in Florida.
Warning: If a spouse who must attend does not show up, the judge may not grant the divorce that day. In a simplified case, missing the hearing can lead to the case being dismissed, and you may have to start over.
What should you do before the final hearing?
A little preparation keeps the hearing short.
- Confirm which type of case you filed: simplified, uncontested or contested.
- Check that your spouse's answer or waiver is filed, if only you will attend.
- Bring proof of Florida residence, such as your Florida driver license, or bring your corroborating witness or their affidavit.
- Bring copies of your signed settlement agreement and proposed final judgment.
- Call the clerk to confirm the time, courtroom and whether video is allowed.
If your spouse stops cooperating, or you are unsure the agreement protects you, talk to a family lawyer before the hearing. Our guide on whether you can get divorced in Florida without a lawyer explains when hiring one makes sense.
Frequently asked questions
Can I avoid going to court for a simplified or other uncontested divorce in Florida?
Sometimes. A simplified dissolution always needs both spouses at the final hearing under Rule 12.105(b). In a regular uncontested divorce, the respondent usually does not need to go, and some judges grant the divorce on the paperwork or by video. The petitioner should expect to attend unless the court says otherwise.
Do we need to go to court if we don't hire a lawyer?
Yes, usually. Hiring a lawyer does not change who must attend. In a simplified dissolution, both spouses must appear. In a regular uncontested divorce, the petitioner usually attends a short final hearing. A lawyer can attend with you, but in most cases cannot appear in your place when testimony is needed.
Can an uncontested divorce become contested?
Yes. If your spouse stops agreeing on property, debts, support or the children, the case becomes contested. Then both spouses must attend the final hearing or trial, and the court may order mediation, a meeting with a neutral person who helps you settle. A contested case takes longer and usually costs more.
What happens if one spouse changes their mind mid-case?
The case changes course. In a simplified dissolution, either spouse can back out, and the case cannot be finished that way, so you would file a regular petition instead. In a regular case, a spouse who no longer agrees can file a response disputing issues, and the case moves toward mediation and trial.
Can we file together as 'co-petitioners'?
Yes, but only in a simplified dissolution. Its petition, Form 12.901(a), is signed by both spouses together. In a regular uncontested divorce, one spouse files as the petitioner and the other responds, often with an answer agreeing to the petition or an answer and waiver.
Sources
- Family Law Rules of Procedure, October 1, 2026, The Florida Bar
- Rule 12.105. Simplified Dissolution Procedure, FloridaRules.net
- Divorce FAQ's, Brevard County Clerk of the Court
- § 61.052, Florida Statutes (2026): Dissolution of marriage, The Florida Senate
- Rule 2.530 – Communication Technology, Nineteenth Judicial Circuit of Florida
- Opinion No. SC2026-1262 (amendments to the Florida Family Law Rules of Procedure), Supreme Court of Florida