Uncontested Divorce in Florida

An uncontested divorce is the cleanest, fastest, and least expensive way to end a Florida marriage when both spouses agree on every issue. There is no trial, no contested mediation, and no protracted discovery. The parties negotiate the terms once, sign a written agreement, and the court enters a final judgment that adopts the agreement.

What Has to Be Agreed To

For a divorce to qualify as truly uncontested, the parties must agree in writing on every issue in the case. This includes:

• The division of all real estate, including the marital home
• The division of all bank, brokerage, and retirement accounts
• The division of vehicles, household goods, business interests, and personal property
• The allocation of all marital debts
• Whether either spouse will pay alimony, how much, and for how long
• A parenting plan and time-sharing schedule, if there are minor children
• Child support, including health insurance and uncovered medical expenses
• Whether either spouse will retake a former last name

Uncontested Divorce vs. Simplified Dissolution

People often confuse these two procedures. Simplified dissolution is a narrow, expedited procedure available only when there are no minor or dependent children, neither spouse is pregnant, neither spouse seeks alimony, and the parties have agreed on the division of property and debts. If you have children together or one spouse will pay support, you are in regular uncontested divorce territory, not simplified dissolution.

Key Documents

A standard uncontested divorce in Florida requires:

• Petition for Dissolution of Marriage
• Answer and Waiver, in which the Respondent waives further service and confirms agreement
• Family Law Financial Affidavit from each party (still required even when uncontested)
• Marital Settlement Agreement
• Parenting Plan and Child Support Guidelines Worksheet, if applicable
• Notice of Social Security Number
• Final Judgment for the judge's signature

If there are minor children, both parents must complete a court-approved Parent Education and Family Stabilization Course within 45 days of service of the petition. The court will not enter a final judgment until both certificates are filed.

How Long It Takes

Florida requires a 20-day waiting period between filing and final judgment, so even the fastest uncontested case takes at least three weeks. In practice, an uncontested case with no children and no real estate can be done in about 30 to 60 days. With children and a parenting course requirement, expect 60 to 120 days.

When "Uncontested" Falls Apart

Many cases that begin as uncontested do not stay that way. Common breakdown points include hidden accounts surfacing during financial disclosure, disagreement over the valuation of a home or business, last-minute disputes over the time-sharing schedule for summer or holidays, and conflict over the wording of decision-making authority in the parenting plan. We draft the Marital Settlement Agreement carefully the first time so these issues do not derail the case.

Hiring One Attorney vs. Two

Florida ethical rules do not allow a single attorney to represent both spouses. In an uncontested divorce, one attorney typically drafts the petition and settlement agreement, represents one spouse, and provides the other spouse with a written notice that they are not represented and should consider obtaining their own counsel before signing. This is the most common -- and most cost-effective -- arrangement.

Call 786-522-1411 to discuss whether your case can proceed as uncontested and to obtain a flat fee for the work.