Family Law Guide

How Uncontested Divorce Works in Florida

When both spouses agree on the major issues, Florida offers a more streamlined path to finalizing a divorce. "Simple," though, doesn't always mean "simple to get right."

What "Uncontested" Actually Means

An uncontested divorce isn't a special court track — it's simply a case where both spouses agree on every major issue before filing: division of assets and debts, alimony (if any), and, if children are involved, time-sharing and child support. Because there's nothing left for a judge to decide, the case moves through the court system faster and with far less back-and-forth than a contested divorce, where disputed issues have to be litigated or negotiated over time. If your case involves child support, our free Florida Child Support Calculator can help you estimate the guideline amount before you finalize your agreement.

Basic Requirements

To file for divorce (called "dissolution of marriage" in Florida) at least one spouse must have resided in Florida for at least six months before filing, and the marriage must be "irretrievably broken" — Florida is a no-fault divorce state, so neither spouse needs to prove wrongdoing by the other.

The General Process

While details vary by county and case, an uncontested divorce typically follows this shape:

One spouse files a petition for dissolution of marriage; if both agree, it can sometimes be filed as a joint petition
Both spouses complete financial disclosure, even in agreed cases
The spouses sign a marital settlement agreement covering property, debt, and (if applicable) alimony
If there are minor children, the parents submit an agreed parenting plan and child support worksheet
The case is set for an uncontested final hearing, often brief, where a judge reviews and approves the agreement
The court enters a final judgment of dissolution of marriage, officially ending the marriage

What You'll Need to Agree On

Even a fully cooperative divorce still has to resolve the same substantive issues a contested one does — the difference is simply that both spouses reach agreement on their own rather than through court intervention. That includes division of marital assets and liabilities, whether alimony will be paid, and, where children are involved, a full parenting plan and child support calculation consistent with Florida's guidelines.

Where "Simple" Cases Get Complicated

Plenty of uncontested divorces run into trouble not because the spouses disagree, but because the paperwork doesn't hold up. Common issues include settlement language that's vague enough to cause disputes later, retirement accounts divided without the specific court order needed to actually transfer funds (a Qualified Domestic Relations Order), or a parenting plan that technically satisfies the checklist but doesn't reflect the family's actual schedule. An agreement that looks complete on paper can still leave both spouses back in court a year later if it wasn't drafted carefully.

Why Many Couples Still Use an Attorney

Even when spouses agree on everything, having an attorney draft or review the settlement agreement helps make sure it's enforceable, complete, and actually reflects what both people intended — before it becomes a binding court order that's harder to unwind later.

Common Questions

Frequently Asked Questions

Do both spouses need separate attorneys for an uncontested divorce?

One attorney cannot represent both spouses, since their interests are legally distinct even when they agree. Many couples have one spouse retain an attorney to draft the agreement while the other reviews it independently, or each retains their own counsel for a more limited scope.

How long does an uncontested divorce take in Florida?

It varies by county and court calendar, but uncontested cases generally resolve faster than contested ones — often within a matter of weeks to a couple of months once all paperwork and agreements are complete.

Can an uncontested divorce become contested later?

Yes. If new disagreements surface before the final judgment, or if one spouse later disputes the terms, the case can shift onto a contested track.

Is mediation required even if we already agree?

Requirements vary by circuit and by whether children are involved. Even where it isn't required, a short mediation session is sometimes used simply to formalize an agreement both spouses already support.

Have Questions About Your Own Situation?

General information is a starting point — not a substitute for advice about your specific circumstances. Schedule a consultation with Attorney Graziano, in person or by video.

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