Florida uncontested divorce — the complete guide

What uncontested means in Florida, who qualifies, how the process works, and what the paperwork looks like.

Florida divorce guide

Quick answer

An uncontested divorce in Florida is a dissolution of marriage where both spouses agree on every issue — property, debts, support, and (if applicable) a parenting plan. Florida requires at least one spouse to have lived in Florida for 6 months before filing, plus a mandatory 20-day waiting period before a judge can finalize.

  • Both spouses must agree on all issues
  • 6-month Florida residency required
  • 20-day mandatory waiting period
  • Typical timeline: 30–90 days end to end

What 'uncontested' means in Florida

In Florida, an uncontested divorce — formally a dissolution of marriage — is one where the spouses have already resolved every disputed issue before they ever ask a judge to sign the final judgment. There is no trial, no discovery fight, and no contested hearing. The judge's role is limited to reviewing the paperwork and confirming the agreement meets Florida law.

Florida courts treat uncontested cases as the most efficient path through Chapter 61 of the Florida Statutes. The trade-off is that genuine agreement is required up front: any unresolved issue — even a single retirement account — typically pushes the case back into the contested track.

Who qualifies for an uncontested divorce

Most Florida couples who meet residency and agreement requirements can pursue an uncontested divorce. The court will generally approve the case when the following conditions are met.

  • At least one spouse has lived in Florida for the 6 months immediately before filing
  • The marriage is 'irretrievably broken' (Florida is a no-fault state)
  • Both spouses agree on division of property and debts
  • Both spouses agree on alimony (amount, type, and duration — or that none is owed)
  • If there are minor or dependent children, both spouses agree on a parenting plan, timesharing schedule, and child support consistent with Florida guidelines

The Florida uncontested divorce process

The procedural sequence is the same across all 67 Florida counties, even though clerk workflows and hearing scheduling vary locally.

  • Confirm residency and gather financial documents (paystubs, tax returns, account statements)
  • Complete the Florida Supreme Court approved family law forms — most commonly the Petition for Dissolution of Marriage and the Marital Settlement Agreement
  • Both spouses sign and notarize the petition and the settlement agreement
  • File the package with the Florida Courts E-Filing Portal in the county where either spouse resides
  • Pay the county filing fee (typically around $409, set by the clerk)
  • Attend a brief final hearing — many Florida counties now offer remote final hearings
  • Receive the Final Judgment of Dissolution of Marriage signed by the judge

What it costs

The filing fee charged by the Florida clerk is set by statute and is typically near $409. Document preparation and guidance is separate. The Quick Divorce offers flat-fee plans so the total cost is predictable up front, with no hourly billing.

When uncontested is not the right path

If either spouse will not sign the settlement agreement, if there are allegations of domestic violence, if a spouse is hiding assets, or if the parties cannot agree on timesharing for minor children, the case is contested and Florida courts handle it on a different procedural track. The Quick Divorce does not handle contested matters; in those situations, Florida residents should consult a licensed Florida family-law attorney directly.

Frequently asked questions

How long does an uncontested divorce take in Florida?
Florida law requires at least 20 days from the date of filing before a judge can finalize the divorce. Most uncontested cases complete within 30 to 90 days, depending on the county clerk's calendar and how quickly both spouses sign and return paperwork.
Do I need a lawyer for an uncontested divorce in Florida?
Florida does not require either spouse to be represented by an attorney. Couples may use a self-help document service like The Quick Divorce to prepare Florida-approved forms. If legal advice is needed about a specific situation, a Florida-licensed attorney can be retained directly.
Can we file together as 'co-petitioners'?
Florida's simplified dissolution allows both spouses to file together as joint petitioners when narrow eligibility rules are met (no minor children, no alimony, both spouses willing to appear). Most regular uncontested cases have one petitioner and one respondent, with both signing the settlement agreement.
What happens if one spouse changes their mind mid-case?
If either spouse withdraws agreement before the final hearing, the case typically converts to a contested matter. The Quick Divorce supports the uncontested track only; if the case becomes contested, retaining a Florida family-law attorney is the appropriate next step.
Do both spouses need to attend the final hearing?
For most uncontested Florida cases, only the petitioner attends the brief final hearing — frequently available by Zoom. The simplified dissolution track is the exception: both spouses must appear together.

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Florida residents only. Information, not legal advice.

The Quick Divorce is not a law firm and does not provide legal services or legal advice through this website. Our founder is a Florida-licensed family-law attorney, and she designed this platform — but she is not acting as your attorney when you use this site, and using this site does not create an attorney-client relationship with her or with The Quick Divorce. We do not select forms for your specific situation, do not advise you on your legal rights, and do not represent you in court. Communications you submit through this site are not protected by attorney-client privilege. If you need legal advice or representation, retain a Florida-licensed attorney directly.