Uncontested Divorce in Florida: Step-by-Step Guide

Ending a marriage is never easy, even when both of you agree it’s time. In Florida, thousands of couples choose the uncontested route each year because it keeps conflict low, costs down, and the process faster than a full courtroom fight. If you and your spouse can work together on the big issues, an uncontested divorce in Florida offers a clear path forward without the stress of prolonged battles.

This guide walks you through every practical step. You’ll learn the residency rules, the difference between simplified and regular uncontested cases, the forms you’ll need, how to handle property, support, and kids, and what the typical timeline and costs look like. The goal is simple: give you the information so you can move forward with confidence and take the next right action, whether that means filing the paperwork yourself or getting a quick legal review.

What Is an Uncontested Divorce in Florida?

An uncontested divorce in Florida means both spouses agree the marriage is irretrievably broken and they have reached a full agreement on every issue. That includes dividing assets and debts, any spousal support, and, if you have children, the parenting plan and child support.

Florida is a no-fault state. Under Florida Statute 61.052, you only need to state that the marriage is irretrievably broken. You do not have to prove fault, adultery, or anything else.

There are two main paths:

Simplified dissolution of marriage: The fastest option. Both spouses file together using Form 12.901(a). It works only if you have no minor or dependent children, the wife is not pregnant, neither of you wants alimony, and you fully agree on property and debts. Both of you must appear at the final hearing and waive the right to a trial and appeal.
Regular uncontested dissolution: Used when you have children, want alimony (or need to address it), or cannot meet the simplified rules. One spouse usually files the petition, the other responds or waives service, and you submit a complete Marital Settlement Agreement.

Both paths require the court to approve your agreement. The judge still reviews the paperwork to make sure it is fair and follows Florida law, especially when children are involved.

Residency Requirements for an Uncontested Divorce in Florida

Before you can file, at least one spouse must have lived in Florida for the six months immediately before the petition is filed. This comes from Florida Statute 61.021.

You prove residency with:

A Florida driver’s license or identification card issued at least six months earlier
A Florida voter registration card
An Affidavit of Corroborating Witness (Form 12.902(i)) from someone who can swear you have lived here the required time

Venue is usually the county where either spouse lives or where you last lived together as a married couple. Check with the clerk in that county for any local preferences.

If neither of you meets the six-month rule, you will need to wait or file in another state that has jurisdiction.

Benefits of Choosing the Uncontested Route

Couples who stay cooperative save significant time and money. Contested cases often drag on for many months and cost tens of thousands of dollars. An uncontested case can finish in a matter of weeks once the paperwork is ready.

You keep control over the outcome instead of leaving decisions to a judge who does not know your family. You also reduce the emotional toll on yourselves and any children. Many people report that the process feels more respectful when both sides work from the same set of papers.

Step-by-Step Process to File an Uncontested Divorce in Florida

Step 1: Confirm You Qualify and Gather Information

Sit down together (or with a neutral mediator if talking is hard) and list every asset, debt, income source, and expense. Make sure you agree the marriage is irretrievably broken.

Gather documents such as:

Marriage certificate
Tax returns and pay stubs
Bank, retirement, and investment statements
Mortgage or lease papers
Titles to vehicles and real estate
Credit card and loan statements
Life insurance policies

If you have children, collect school and medical records and start thinking about a realistic timesharing schedule.

Step 2: Choose Simplified or Regular Uncontested Path

Use simplified dissolution only if every requirement is met: no minor or dependent children, no pregnancy, no request for alimony, full agreement on property and debts, and both of you willing to appear together. Otherwise, file a regular petition.

Forms are free on the Florida Courts website at flcourts.gov. Look for the Family Law Forms section.

Step 3: Complete the Required Forms

Core forms for most cases include:

Petition for Dissolution of Marriage (12.901(a) for simplified, 12.901(b)(1) with children, or 12.901(b)(2) with property but no children)
Civil Cover Sheet
Family Law Financial Affidavit (short form 12.902(b) if gross income is under $50,000, long form 12.902(c) otherwise)
Marital Settlement Agreement (Form 12.902(f) series depending on your situation)
Notice of Social Security Number (12.902(j))

With children you also need:

Parenting Plan (Form 12.995(a) or a custom plan)
Child Support Guidelines Worksheet (Form 12.902(e))
Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (UCCJEA, Form 12.902(d))

Some couples can file a Joint Waiver of Filing Financial Affidavits (Form 12.902(k)) if there are no children and no support issues, but the court still expects the numbers in your settlement agreement to be accurate.

Notarize any forms that require it. Keep copies of everything.

Step 4: Prepare the Marital Settlement Agreement and Parenting Plan

The Marital Settlement Agreement is the heart of the case. It must cover:

Equitable distribution of assets and debts under Florida Statute 61.075
Any spousal support (bridge-the-gap, rehabilitative, or durational) or a clear waiver
How marital debt will be paid
Who keeps the house, cars, retirement accounts, and personal property

Florida starts with the idea that marital property should be divided equally, but you can agree to a different split if both of you find it fair.

If you have minor children, the Parenting Plan must spell out the timesharing schedule, holiday and school break rotations, decision-making authority (shared parental responsibility is the default), transportation, and communication rules. Since July 2023 Florida law includes a presumption that equal time-sharing is in the child’s best interest unless proven otherwise.

Child support must follow the guidelines in Florida Statute 61.30. Use the official worksheet. The court treats support as the child’s right, so large deviations need written justification.

Step 5: File the Papers and Pay the Fee

File through the Florida Courts E-Filing Portal at myflcourtaccess.com or in person at the circuit court clerk’s office in the proper county. The filing fee is typically around $408 to $410 (confirm the exact amount with your local clerk). If you cannot afford it, file an Application for Determination of Civil Indigent Status.

In a simplified case both spouses sign and file together, so formal service is not needed. In a regular uncontested case the respondent can sign an Answer, Waiver, and Request for Copy of Final Judgment (Form 12.903(a)) to avoid the cost of a process server.

Step 6: Complete Mandatory Disclosure and Any Required Courses

Florida Family Law Rule 12.285 requires financial disclosure. Each party usually files the Financial Affidavit within 45 days of service unless waived.

If you have minor children, both parents must complete a Department of Children and Families approved Parent Education and Family Stabilization Course (minimum four hours) before the final judgment. The petitioner should finish within 45 days of filing. File the certificate of completion with the court.

Step 7: Schedule and Attend the Final Hearing

Florida Statute 61.19 requires a minimum 20-day waiting period after the petition is filed before a final judgment can be entered. Many counties schedule uncontested hearings a few weeks after filing once all papers are complete.

At the short hearing the judge reviews the agreement, asks a few questions to confirm it is voluntary and fair, and (if everything is in order) signs the Final Judgment of Dissolution of Marriage. In simplified cases both spouses must appear. In regular uncontested cases one spouse may be enough if the other has waived appearance.

After the judge signs, you are divorced. Obtain certified copies from the clerk for name changes, title transfers, and other updates.

Costs of an Uncontested Divorce in Florida

Expect the court filing fee of roughly $408–$410. Notary fees, copies, and possible process server costs add a modest amount. Online parenting courses usually cost under $50 per person.

If you prepare the papers yourself the total can stay under $600. Many people hire an attorney for a flat fee document review or limited representation, which still costs far less than a contested case. Full attorney representation for an uncontested matter commonly ranges from several hundred to a few thousand dollars depending on complexity.

How Long Does an Uncontested Divorce in Florida Take?

A simplified dissolution can finish in three to six weeks once filed, depending on the court’s calendar. A regular uncontested case with children often takes two to four months. The 20-day statutory wait is the legal minimum. Delays usually come from incomplete paperwork, missing financial affidavits, or scheduling.

Common Pitfalls to Avoid

Incomplete or inconsistent numbers between the Financial Affidavit, Child Support Worksheet, and Marital Settlement Agreement cause the most rejections. List every asset and debt, even small ones. Do not leave retirement accounts or tax refunds out of the agreement.

If children are involved, make the timesharing schedule specific. Vague language like “reasonable visitation” is not enough. Courts want clear calendars.

Never hide income or assets. Florida requires full disclosure. Problems discovered later can reopen the case or lead to sanctions.

Finally, remember that once the judge signs a simplified dissolution, you have waived the right to appeal. Make sure the deal is truly what you want.

Do You Need a Lawyer for an Uncontested Divorce in Florida?

You are allowed to represent yourself. The Florida Courts self-help forms and instructions are designed for that purpose. Still, many people benefit from a short consultation or document review, especially when retirement accounts, a house with equity, or child support calculations are involved. An attorney can spot issues that might cause the court to reject the packet or create problems years later.

If domestic violence, substance abuse, or significant power imbalance exists, strongly consider professional help even if the other side says everything is “agreed.”

Conclusion

An uncontested divorce in Florida gives cooperative couples a practical, lower-cost way to end the marriage while protecting their rights and their children’s stability. Meet the six-month residency rule, choose the correct petition path, complete accurate financial disclosures and a thorough Marital Settlement Agreement, and follow the short waiting period and any parenting course requirement. When the paperwork is complete and both of you stay cooperative, most cases move from filing to final judgment in a matter of weeks or a few months.

Take the next step today. Download the free forms from the Florida Courts website, sit down with your spouse to finish the agreement, or schedule a brief consultation with a Florida family law attorney to review your packet before you file. Clear paperwork and mutual agreement are the fastest route to a fresh start.

Frequently Asked Questions

How long does an uncontested divorce in Florida take?
Simplified cases often finish in three to six weeks after filing. Regular uncontested cases with children typically take two to four months. The statutory minimum wait is 20 days.

What is the cost of an uncontested divorce in Florida?
Court filing fees are about $408–$410. Total out-of-pocket costs for a pure self-represented simplified case can stay under $600. Attorney flat-fee help raises the total but remains far below contested litigation.

Can I get an uncontested divorce in Florida with child support?
Yes. You cannot use the simplified path, but a regular uncontested petition works. You must submit a Parenting Plan, Child Support Guidelines Worksheet, and Financial Affidavits that support the guideline calculation.

Is a court appearance required for an uncontested divorce in Florida?
Yes for simplified dissolution (both spouses). In regular uncontested cases one spouse may appear if the other has properly waived service and appearance. Some counties allow remote hearings.

What are the residency requirements for an uncontested divorce in Florida?
At least one spouse must have lived in Florida for the six months immediately before filing. Proof is usually a Florida driver’s license, voter registration, or corroborating witness affidavit.

Do I need a lawyer for an uncontested divorce in Florida?
Not legally required, but a review of the Marital Settlement Agreement and financial forms is wise when assets, debts, or children are involved.

How is property divided in an uncontested divorce in Florida?
You and your spouse decide through the Marital Settlement Agreement. Florida law starts from the premise of equal division of marital assets and debts under equitable distribution rules, but you may agree to any fair split.