Uncontested Divorce in Florida: Requirements, Cost, and How Long It Takes

When both spouses agree that the marriage is over and agree on how to divide their lives, a divorce does not have to turn into a court fight. An uncontested divorce in Florida is usually the fastest and least expensive way to end a marriage.

The catch is that “uncontested” means you agree on everything, not just on getting divorced.

This guide explains what that takes, which forms you need, whether you have to go to court, and what it costs. For the full filing process, including service and financial disclosure, see our guide on how to file for divorce in Florida.

What Is an Uncontested Divorce in Florida?

An uncontested divorce is a divorce where both spouses agree on every issue: property, debts, alimony, and, if you have children, time-sharing and child support. Florida does not have a separate law for it. It is a regular dissolution of marriage where nothing is left for the judge to decide.

In a contested divorce, the spouses disagree on at least one issue, and the judge decides it after financial disclosure, mediation, and possibly a trial. In an uncontested divorce, the judge only checks the paperwork and signs the final judgment. That is why contested vs. uncontested cases differ so much in time and cost.

The basic rules still apply. At least one spouse must have lived in Florida for six months before filing, and you only need to state that the marriage is irretrievably broken. Florida is a no-fault state, so no one has to prove wrongdoing.

If you are not sure yet whether you can agree on everything, the divorce attorneys at Weldon Law Group can help you see where the real disagreements are.

Uncontested Divorce vs. Simplified Dissolution of Marriage

Florida offers two ways to end a marriage by agreement. The simplified dissolution of marriage is the shortest path, but only some couples qualify. Everyone else who agrees uses a regular uncontested divorce.

Who Qualifies for a Simplified Dissolution

Under Florida Family Law Rule 12.105, both spouses must state under oath that they have no minor or dependent children together, the wife is not pregnant, and they have already divided their property and agreed on joint debts.

Neither spouse may ask for alimony. By signing the petition, both spouses also give up the right to a trial and an appeal.

You file the Petition for Simplified Dissolution of Marriage together, along with a marital settlement agreement. If even one condition does not fit, use the regular uncontested process instead.

What You and Your Spouse Must Agree On

For a divorce to be truly uncontested, you need a clear answer to every question a judge would otherwise decide:

• who keeps the house, the cars, and other property;
• who pays which debts, including credit cards and loans;
• how to divide retirement accounts and pensions;
• whether either spouse will pay alimony, how much, and for how long; and
• with children, the parenting plan and child support.

The Marital Settlement Agreement

Your agreement goes into a written marital settlement agreement, signed by both spouses. Florida has approved forms for it, with separate versions for couples with children, couples with property but no children, and simplified dissolutions.

Once the judge approves it, the agreement becomes part of the final judgment and is enforceable like a court order. Write it carefully. Vague terms, such as “we will split the house later,” are a common source of new court fights after the divorce.

Dividing a 401(k) or pension often needs a separate court order sent to the plan administrator. If one of you has a retirement account, make sure the agreement says exactly how it will be divided.

Uncontested Divorce in Florida With Children

You can have an uncontested divorce with children, but not a simplified one. You will also need:

• a parenting plan covering time-sharing, decision-making, school, and holidays;
• a child support guidelines worksheet based on both parents’ incomes and overnights; and
• proof that both parents completed the four-hour parenting course before the final judgment.

The judge reviews the plan to make sure it serves the child’s best interests.

Parents also cannot simply agree to skip child support. The judge checks the amount against Florida’s guidelines and must approve any amount that differs from them. Our child custody attorneys can review a parenting plan before you sign it, and our article on child support with 50/50 custody explains how the numbers work.

How to File for an Uncontested Divorce in Florida, Step by Step

1. Agree on everything and sign the marital settlement agreement.
2. Prepare the petition that fits your situation, along with the cover sheet, the notice of Social Security numbers, and, with children, the parenting plan, support worksheet, and UCCJEA affidavit.
3. File with the clerk of the circuit court in the right county, in person or through the Florida Courts E-Filing Portal, and pay the filing fee.
4. Have your spouse respond. In most uncontested cases, the other spouse signs an Answer, Waiver, and Request for Copy of Final Judgment instead of being formally served.
5. Exchange financial affidavits and supporting documents, which Florida requires even when you agree.
6. Complete the parenting course if you have minor children.
7. Ask for the final hearing and submit a proposed final judgment.
8. Get the signed final judgment. The judge reviews your paperwork and, if everything is in order, grants the divorce.

Financial disclosure is the step people most often try to skip.

Under Florida Family Law Rule 12.285, both spouses must exchange a financial affidavit in a regular divorce, even when they agree on everything. It gives both spouses a sworn picture of the finances before they sign. If you both agree, you can file a joint verified waiver so the affidavits are exchanged but not filed with the court.

Florida Uncontested Divorce Forms

The Florida Supreme Court approved forms are free on the Florida Courts website. Most Florida uncontested divorce forms packets include:

• the petition: 12.901(a) for a simplified dissolution, or 12.901(b)(1), (b)(2), or (b)(3) for a regular divorce, depending on children and property;
• the Answer, Waiver, and Request for Copy of Final Judgment, form 12.903(a);
• the financial affidavit, form 12.902(b) or 12.902(c);
• the marital settlement agreement, form 12.902(f)(1) with children, or the version for your situation;
• a family court cover sheet and a notice of Social Security numbers; and
• with children, a parenting plan, the child support guidelines worksheet (12.902(e)), and the UCCJEA affidavit (12.902(d)).

Can You Get an Uncontested Divorce in Florida Without Going to Court?

Usually not for long, and sometimes not at all. Florida has no single statewide rule, so it depends on the type of case, the county, and the judge.

• Simplified dissolution: Rule 12.105 requires both spouses to appear before the judge.
• Regular uncontested divorce: the spouse who signs the answer and waiver usually does not need to attend. The filing spouse often attends a short final hearing, where the judge asks a few questions about residency and the agreement.
• Hearings without travel: many courts now hold uncontested hearings by video. For example, Palm Beach County holds uncontested pro se divorce hearings by Zoom.
• No hearing at all: some circuits allow certain uncontested cases to be decided in writing. In the Ninth Circuit, which covers Orange and Osceola counties, attorneys in uncontested cases can file a Motion/Waiver for Written Final Hearing and ask the judge to finalize the divorce without anyone appearing.

Whether or not there is a hearing, the court needs proof of residency. A valid Florida driver license, Florida ID card, Florida voter registration card, or a sworn statement from another person can confirm that one spouse has lived in Florida for six months.

Before you file, check the family division procedures for your county, or ask the clerk how uncontested final hearings are handled there.

How Long Does an Uncontested Divorce Take in Florida?

The legal minimum is 20 days from the date you file. Under Section 61.19 of the Florida Statutes, a judge cannot sign the final judgment sooner unless waiting would cause an injustice.

Florida’s court time standards set a goal of about 90 days from filing to final judgment for an uncontested divorce. In practice:

• Simplified dissolution: often a few weeks, once the court sets the final hearing.
• Uncontested without children: commonly about one to three months.
• Uncontested with children: often longer, because of the parenting course, the parenting plan, and the support worksheet.

The biggest delays come from incomplete paperwork, a spouse who is slow to sign, and a busy court calendar.

How Much Does an Uncontested Divorce Cost in Florida?

The court filing fee is about $408 in most Florida counties. If your spouse signs an answer and waiver, you usually avoid the $10 summons and $40 sheriff’s fee for formal service. A simplified dissolution typically costs only the filing fee.

Other costs depend on your situation. Parents pay for the parenting course, and an uncontested case rarely needs paid mediation. If you cannot afford the filing fee, you can apply to the clerk for civil indigent status and file without paying up front.

Attorney fees are the biggest variable. Many lawyers handle uncontested divorces for a flat fee, while contested cases are usually billed by the hour. Because there is nothing to argue about, an uncontested divorce usually costs far less in legal fees than a contested one.

Cost of an uncontested divorce in Florida at a glance:

• filing fee: about $408, the same for a simplified dissolution of marriage;
• summons and sheriff service: $50, only if your spouse does not sign a waiver;
• parenting course: a fee set by the provider, only with minor children; and
• attorney fees: often a flat fee for uncontested cases.

When an Uncontested Divorce Is Not the Right Choice

Agreeing quickly is not always the same as agreeing fairly. Think twice before signing if:

• There is domestic violence or pressure. An agreement signed out of fear may not protect you or your children.
• You suspect hidden assets. Financial affidavits are signed under oath, but someone has to read them closely.
• You are giving up alimony. Read our guide to alimony in Florida before you waive it.
• There is a house, a business, or a pension. Learn how Florida handles property division in a divorce before you decide what is fair.
• One spouse is not a U.S. citizen. A divorce can affect a pending green card case or a conditional green card. See how a divorce can affect your immigration status.

Signing Away Rights You Cannot Get Back

Some parts of a settlement can change later and some cannot. Time-sharing, child support, and some types of alimony can be modified if circumstances change substantially. The division of property and debts is generally final.

If you waive alimony in a settlement agreement, you generally cannot ask for it later. That is why it pays to have a lawyer review the agreement before you sign, even if you do the rest yourself.

Talk to Weldon Law Group About an Uncontested Divorce

An uncontested divorce works best when the agreement is complete, clear, and fair to both sides. Weldon Law Group can prepare your paperwork, draft or review your settlement agreement, and handle the final hearing. Because we practice both family law and immigration law, we can also flag immigration issues before they become problems.

Contact Weldon Law Group to talk about your uncontested divorce.

Frequently Asked Questions