What is an uncontested divorce in Florida?

An uncontested divorce happens when both spouses agree on every issue that would normally require a judge to decide.

This typically includes:

Once these terms are agreed upon, the spouses put them into a marital settlement agreement. The court then reviews the agreement and, if everything complies with Florida law, incorporates it into the final judgment of divorce.

Because there’s no need for lengthy hearings or trials, uncontested divorces usually involve minimal court involvement compared with contested cases.

Who qualifies for an uncontested divorce in Florida?

Before filing for divorce in Florida, at least one spouse must meet the state’s residency requirement. This means one spouse must have lived in Florida for at least six months before filing the petition.

To proceed with an uncontested divorce, couples must also meet several practical requirements:

If the spouses disagree about even one significant issue, the case becomes contested until the dispute is resolved.

Uncontested divorce vs. simplified dissolution in Florida

Florida offers two streamlined divorce options: an uncontested divorce and a simplified dissolution of marriage.

An uncontested divorce is available to almost any couple who can reach a full agreement, regardless of the length of the marriage or whether they have children.

Simplified dissolution is a more limited process designed for couples who meet stricter requirements. Typically, couples must:

Because of these restrictions, many couples who want an amicable divorce still use the standard uncontested divorce process instead of simplified dissolution.

The uncontested divorce process in Florida

Even when both spouses agree, several legal steps are still required to finalize a divorce. Most uncontested divorces follow the same general sequence.

Step 1: Reach a settlement agreement

The process usually begins with both spouses negotiating the terms of the divorce. These discussions cover issues such as property division, debts, parenting schedules, child support, and possible alimony.

Once everything is agreed upon, the terms are written into a marital settlement agreement. Both spouses review and sign the document before filing it with the court.

Even in amicable cases, it can be helpful to have separate attorneys review the agreement so you fully understand your rights before signing.

Step 2: Prepare the required divorce documents

Several documents must be prepared before filing. The exact paperwork depends on whether children are involved, but most uncontested divorces require:

These documents form the foundation of the divorce case and outline the terms the court will ultimately approve.

Step 3: File the divorce petition with the court

The divorce officially begins when one spouse files the petition for dissolution of marriage with the circuit court.

The filing spouse must pay a court filing fee, which is typically around $400 to $450, depending on the county. Once filed, the court assigns a case number and opens the divorce case.

Step 4: Serve the other spouse

After filing, the other spouse must be formally notified of the divorce case.

In uncontested divorces, this step is often simple. Instead of formal service by a sheriff or process server, the responding spouse may sign a waiver of service acknowledging receipt of the paperwork.

Using a waiver can save time and avoid additional service fees.

Step 5: File an answer and waiver

The responding spouse usually files an answer with the court confirming receipt of the petition and agreeing to the divorce.

In uncontested cases, this answer often includes a waiver of defenses and confirms that both spouses support the terms of the settlement agreement.

Step 6: Complete financial disclosure

Florida requires both spouses to provide financial information during the divorce.

Each spouse must file a family law financial affidavit, along with supporting documents such as tax returns, pay stubs, and account statements. These disclosures help ensure that the settlement agreement is based on accurate financial information.

Even when the divorce is uncontested, financial disclosure is still required.

Step 7: Attend the final hearing

After the paperwork is completed, the court schedules a final hearing.

In many uncontested cases, the hearing is brief and may last only 15 to 30 minutes. One or both spouses may need to attend, depending on local court procedures.

During the hearing, the judge confirms that the marriage is irretrievably broken and reviews the settlement agreement to ensure it complies with Florida law. If children are involved, the judge also ensures that the parenting plan serves the child’s best interests.

Step 8: Receive the final judgment of divorce

Once the judge approves the agreement, the court enters a final judgment of dissolution of marriage.

This document legally ends the marriage and makes the terms of the settlement agreement enforceable. Unlike some states, Florida does not impose a mandatory waiting period after the judgment is entered.

Documents required for an uncontested divorce in Florida

Although uncontested divorces are simpler than contested ones, several documents are still required.

Common paperwork includes:

Courts may also require additional local forms depending on the county.

How much does an uncontested divorce costs in Florida?

One of the biggest advantages of an uncontested divorce is cost. Because there are no extended court battles, legal expenses are usually much lower.

Typical costs include:

In total, most uncontested divorces fall between $400 and $5,000, depending on the complexity of the situation and whether attorneys are involved.

By comparison, contested divorces can cost $15,000 to $40,000 or more.

How long does an uncontested divorce take in Florida?

Florida does not require couples to wait a set period after filing for divorce. Once the six-month residency requirement is satisfied, you can file immediately.

Most uncontested divorces are finalized within three to six months. The timeline depends on factors such as:

In very simple cases where all documents are ready, some divorces may move faster, but three to six months is a realistic expectation.

When an uncontested divorce may not work

While uncontested divorce works well for many couples, it’s not appropriate in every situation.

The process may become difficult if:

In these situations, a contested divorce may be necessary until disputes are resolved.

Parenting plans in uncontested Florida divorces

If you have children, Florida law requires a parenting plan as part of the divorce.

This plan outlines how parents will share responsibilities and time with the child. A typical parenting plan addresses:

Once approved by the court, the parenting plan becomes a legally enforceable court order.

Legal guidance for uncontested divorce in Florida

Even when a divorce is friendly, the legal details still matter. Property division, financial disclosures, and parenting plans all need to comply with Florida law before the court will approve them.

Working with experienced Florida divorce lawyers can help ensure your agreement is thorough, fair, and legally sound. At Marble, we can help you connect with Florida family law attorneys who can review your agreement, prepare the necessary paperwork, and guide you through the uncontested divorce process from start to finish.