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.

Eligibility for an Uncontested Florida Divorce

Before a case can proceed as uncontested, three threshold requirements must be satisfied. First, at least one spouse must have resided in Florida for the six months immediately preceding the filing of the petition under Florida Statutes § 61.021. Residency is typically proven by a Florida driver license issued more than six months before filing or by the corroborating testimony of a third-party witness who can attest to the petitioner's continuous Florida residency. Second, the marriage must be irretrievably broken, which is the only no-fault ground available under Florida Statutes § 61.052(1)(a). The alternative ground -- mental incapacity of one spouse for the preceding three years under FS § 61.052(1)(b) -- is rarely used and is not a true no-fault basis. Third, both spouses must genuinely agree on every issue in the case. Partial agreement is not enough; if even one issue remains in dispute on the day of the final hearing, the case must be re-styled as contested and set for trial or mediation.

Florida does not require a separation period before filing. A couple can file an uncontested petition while still living under the same roof, and the court will not inquire into the nature of the separation so long as one spouse testifies that the marriage is irretrievably broken.

The Marital Settlement Agreement in Depth

The Marital Settlement Agreement (MSA) is the backbone of any uncontested case. It is a contract that, once incorporated into the Final Judgment of Dissolution of Marriage, becomes enforceable both as a contract and as a court order. A poorly drafted MSA is the leading cause of post-judgment litigation in Miami-Dade. Every uncontested MSA we prepare addresses, at a minimum, the following categories:

Equitable distribution under FS § 61.075. A schedule identifies every marital asset and liability, assigns a value, and allocates it to one spouse. Nonmarital property -- premarital assets, inheritances, and gifts to one spouse -- is identified and confirmed as the recipient's separate property.
Alimony. The MSA either provides for alimony (specifying type under FS § 61.08 -- bridge-the-gap, rehabilitative, or durational -- the amount, duration, and modifiability) or contains a clear mutual waiver of alimony. A waiver, once incorporated into the Final Judgment, cannot be undone.
Parenting plan and time-sharing. If there are minor children, the MSA incorporates a written parenting plan that meets the requirements of FS § 61.13(2)(b), including parental responsibility allocation, a time-sharing schedule that covers school year, holidays, summer, and birthdays, decision-making authority for education and healthcare, and a designation for school boundary purposes.
Child support. The MSA reflects the presumptive guideline amount calculated under FS § 61.30 using the Child Support Guidelines Worksheet. Any deviation requires written findings explaining the basis. Health insurance responsibility and the allocation of uncovered medical, dental, and orthodontic expenses must be addressed.
Exclusive use and possession of the marital home. Whether one spouse will remain in the home pending sale or refinance, who pays the mortgage and carrying costs during that period, and the deadline for sale or buyout.
Attorney's fees and costs. Even in uncontested cases, the MSA should specify that each party bears its own fees or, if one spouse is paying the other's fees, the amount and timing.
Name change. If either spouse will resume a former name, the MSA recites the request and the Final Judgment restores the name.

Mandatory Financial Disclosure

An uncontested label does not eliminate the mandatory financial disclosure required by Florida Family Law Rule of Procedure 12.285. Each spouse must file a sworn Family Law Financial Affidavit -- Form 12.902(b) for filers earning less than $50,000 per year or Form 12.902(c) for those earning $50,000 or more -- within 45 days of service of the initial pleading. The affidavit discloses income, expenses, assets, and liabilities under penalty of perjury.

The parties must also exchange, though typically need not file with the court, the supporting documentation listed in Rule 12.285(d), including:

All federal personal and business income tax returns for the prior three years
Pay stubs or wage statements for the prior three months
Statements for all bank, brokerage, and retirement accounts for the prior three months (and the prior twelve months in many circumstances)
Credit card statements for the prior three months
Deeds, promissory notes, and loan documents for any real property
Documents evidencing any nonmarital claim

The parties may agree in writing to waive the production of supporting documentation under Rule 12.285(d)(2), but they cannot waive the Financial Affidavit itself. Even where waiver is permitted, we generally counsel against it. The cost of preparing and exchanging the documentation is small compared with the protection it provides against a later motion to set aside the judgment for fraud or concealment.

The Role of Mediation in Uncontested Cases

Most uncontested cases never see a mediator. The parties have already negotiated terms before counsel becomes involved, and the MSA simply memorializes the deal. Mediation becomes useful, however, when an uncontested case is uncontested only in name -- when the spouses agree on the broad outlines but cannot resolve a handful of details (the holiday schedule, the value of a vehicle, who keeps a piece of furniture). A half-day mediation with a Florida Supreme Court certified family mediator can convert a near-uncontested case into a true uncontested case for a fraction of the cost of motion practice. The mediator's report under Florida Family Law Rule 12.741 can document the agreement and accompany the petition.

Parenting Course Requirement

Under Florida Statutes § 61.21, both parents in a dissolution action involving minor children must complete a court-approved Parent Education and Family Stabilization Course. The course is a minimum of four hours and is offered online and in person by approved providers throughout Miami-Dade. The completion certificate must be filed with the court before the Final Judgment will be entered. Failure to complete the course is the single most common reason an otherwise ready uncontested case is delayed at final hearing.

The Final Hearing

In Miami-Dade, an uncontested final hearing is typically scheduled before a general magistrate or family division judge and lasts five to ten minutes. The petitioner appears in person (the respondent need not appear if a properly executed Answer and Waiver has been filed). The judge will ask the petitioner to confirm under oath:

Residency in Florida for at least six months before filing
That the marriage is irretrievably broken
That the petitioner has read, understood, and voluntarily signed the MSA
That the parenting plan and child support arrangements (if applicable) reflect the best interests of the child

The petitioner should bring a photo ID, a courtesy copy of the proposed Final Judgment, and the original signed MSA and parenting plan if those have not already been filed. The court enters the Final Judgment at the hearing or shortly thereafter, and the marriage is dissolved as of the date of the judgment.

Typical Timeline in Miami-Dade

A realistic timeline for an uncontested case in Miami-Dade Circuit Court runs as follows. Week one: intake, drafting, and execution of the petition, MSA, financial affidavits, parenting plan, and child support worksheet. Weeks two through four: filing, service or waiver, completion of the parenting course, and exchange of any final documentation. Weeks five through eight: scheduling and conducting the final hearing. Weeks nine through ten: entry of the Final Judgment and recording with the clerk. Most clean cases conclude within six to ten weeks of filing.

Common Pitfalls That Turn an Uncontested Case Contested

An uncontested case can collapse without warning. The most frequent triggers we see in Miami-Dade include:

One spouse discovers an undisclosed account, business interest, or cryptocurrency wallet after signing the MSA
A vague parenting plan that fails to specify exchange locations, holiday priority, or the mechanics of decision-making produces a dispute within months of the Final Judgment
A spouse signs the MSA without separate counsel and later attempts to set it aside on grounds of duress or unconscionability
The MSA fails to address a contingency -- the loss of a job, the sale of a business, the relocation of a child -- and the parties cannot agree on how to handle it
One spouse refuses to complete the parenting course, delaying final hearing indefinitely
A change of heart on alimony or time-sharing in the days before the hearing

Most of these problems can be prevented with careful drafting. A few cannot. When an uncontested case breaks down, the remedy is to convert to contested proceedings, complete formal disclosure, and either negotiate a new settlement at mediation or try the open issues to the court.

Tax Considerations

Transfers of property between spouses incident to divorce are generally nontaxable under Internal Revenue Code § 1041. The transferee takes the transferor's basis, which means future capital gains tax liability passes with the asset. This is important when one spouse keeps an appreciated asset (a Brickell condo, a brokerage account with embedded gains, or restricted stock units) and the other receives cash or retirement assets of equal nominal value but different tax character. A dollar of cash is worth more than a dollar of tax-deferred retirement or an appreciated capital asset, and the MSA should reflect that.

For divorces finalized after December 31, 2018, alimony is not deductible by the payor and not taxable to the recipient under the Tax Cuts and Jobs Act. This shifts the negotiating math considerably. Qualified Domestic Relations Orders (QDROs) for the division of 401(k) and pension accounts must be drafted with care to avoid early-withdrawal penalties under IRC § 72(t).

Cost and Flat-Fee Considerations

Uncontested divorces are well-suited to flat-fee billing because the scope of work is predictable. A typical Miami-Dade uncontested matter without children and without real estate can be handled on a flat fee that covers drafting, filing, the final hearing, and the entry of the Final Judgment. Cases with children, a parenting plan, a child support calculation, a QDRO, or significant real estate add discrete fixed components. Filing fees in Miami-Dade currently run approximately $409 for the petition and $10 for the summons; the Final Judgment recording fee is nominal. Our office will quote the full flat fee in writing before any work begins, and we do not bill for incremental tasks that fall within the agreed scope.

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