Uncontested Divorce in Florida: What It Is and How It Works

Not every divorce is a fight. In Florida, when both spouses agree on how to end the marriage, the law provides a streamlined path called an uncontested dissolution of marriage. It skips the discovery battles, contested hearings, and trial that make litigated divorces slow and expensive.

What "uncontested" actually means

A divorce is uncontested when you and your spouse agree on every issue the court needs to resolve: how property and debts are divided, whether alimony is paid, and, if you have minor children, a parenting plan and child support. Those agreements are written into a marital settlement agreement that the judge adopts as part of the final judgment.

Florida is a no-fault state. Neither spouse has to prove wrongdoing. The petition simply states that the marriage is irretrievably broken.

Who can file in Florida

• At least one spouse must have lived in Florida for the six months immediately before the petition is filed.
• Both spouses must agree the marriage is irretrievably broken.
• You must agree on all financial and parenting terms, or be close enough that a short attorney-guided conversation gets you there.

The two uncontested paths

Florida offers a simplified dissolution for couples with no minor children, no pregnancy, and a full agreement on property, where both spouses give up any claim to alimony. Everyone else who agrees uses a regular dissolution with a marital settlement agreement. The paperwork is more involved, but the process is still cooperative and fast.

What the process looks like

• Confirm eligibility and choose the right form of dissolution.
• Exchange financial information and, when required, complete financial affidavits.
• Draft the petition, marital settlement agreement, and any parenting plan.
• File with the circuit court in the county where either spouse lives.
• Wait out Florida's 20-day minimum period between filing and final judgment.
• Attend a brief final hearing, often by video, where the judge enters the final judgment.

Where couples get stuck

The most common problems are incomplete paperwork, agreements that don't say what the couple meant, and parenting plans that don't meet Florida's requirements. A do-it-yourself filing can be rejected or, worse, entered with terms one spouse didn't understand. Having a Florida family law attorney review the documents before filing is the cheapest insurance you can buy.

This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with Yaffa Family Law Group, P.A. Florida law and court procedures change; confirm current requirements with a Florida family law attorney.