Uncontested Divorce in Florida: What It Takes and How to Do It Right

Most people assume divorce is always a battle. It doesn’t have to be. When both spouses can agree on every significant issue before they file, Florida law gives them a faster, cheaper, and far less stressful path to a final judgment. That path is an uncontested divorce.

But “uncontested” has a specific legal meaning in Florida, and a lot of couples who believe they qualify find out partway through the process that they’re missing agreement on something important. That discovery is expensive and disruptive. Understanding exactly what needs to be resolved before you file saves you from that problem entirely.

1. What an Uncontested Divorce Actually Means

An uncontested divorce in Florida means exactly what it sounds like: both spouses agree on every issue that would otherwise require a judge to decide. Not most issues. Not almost everything. Every issue.

Both spouses must agree that the marriage is irretrievably broken. Beyond that, they need to have resolved every financial, parental, and logistical question the divorce raises before they file. The agreement gets put in writing in a Marital Settlement Agreement, signed by both parties before a notary, and submitted to the court for approval.

A judge still has to review and approve the settlement. Even when a divorce is completely consensual, the court doesn’t simply rubber-stamp what two spouses have worked out. The judge confirms that the agreement complies with Florida law and, when children are involved, that the parenting arrangement serves the child’s best interests. In most uncontested cases the final hearing is brief, sometimes only fifteen to thirty minutes, but it is required.

2. The Complete Checklist: What You Must Agree On

This is the list most websites gloss over. Before your divorce qualifies as uncontested in Florida, you and your spouse need to have reached a clear, documented agreement on every one of the following:

• Division of all marital assetsEvery shared asset needs to be specifically allocated: the home, vehicles, bank accounts, investment accounts, retirement accounts, business interests, and personal property of value. Florida courts start with a presumption of equal distribution under § 61.075, but couples can agree to any division they choose as long as it is documented clearly.
• Division of all marital debts and liabilitiesWho takes the mortgage, the car loan, the credit card balances, student loans, and any other shared obligations. Debt division is just as important as asset division, and vague agreements here create problems after the divorce is finalized.
• AlimonyWhether either spouse will pay or receive alimony, and if so, the type, amount, and duration. You can also agree that neither party will receive alimony, which waives the right entirely. Since the 2023 alimony reform under SB 1416, permanent alimony is no longer available in Florida. The types now available are bridge-the-gap, rehabilitative, durational, and temporary.
• Parenting plan and time-sharing scheduleIf minor children are involved, you must have a fully developed Parenting Plan that specifies the time-sharing schedule, how daily parenting responsibilities are divided, who has decision-making authority over healthcare, education, and activities, and how parents will communicate. As of July 1, 2023, Florida law presumes that equal time-sharing is in the best interest of the child under § 61.13(2)(c)1, and the court must approve any plan that departs from equal time-sharing.
• Child supportFlorida child support is calculated using a statutory formula under § 61.30 that accounts for each parent’s income, the number of children, the time-sharing schedule, and certain expenses including health insurance and childcare. Both parties can agree on an amount, but it must meet the guidelines or the court will require written findings explaining the deviation.
• Health insurance for the childrenWhich parent will carry the children on their health insurance plan, and how uninsured medical expenses will be shared between the parents.
• Tax issuesWho claims the children as dependents on their tax returns, how you will file for the year of the divorce, and any tax consequences of asset transfers. These details are easy to overlook and can become significant disputes after the fact.
• Attorney’s fees and court costsEach party is responsible for their own fees in an uncontested case unless they agree otherwise.

3. Uncontested vs. Simplified Divorce: Not the Same Thing

Many people use these terms interchangeably. They are not the same process under Florida law, and qualifying for one does not mean you qualify for the other.

The simplified dissolution of marriage is a specific streamlined procedure under Florida law that applies only when a couple meets all of its strict requirements. If you have minor children, if either spouse wants alimony, or if there is any disagreement at all about assets or debts, you cannot use the simplified process. You will still file an uncontested divorce using the standard dissolution forms, but it will not be the simplified version.

For a full walkthrough of the simplified process in Broward County, see our guide: How to File a Simplified Divorce in Broward County.

4. What About Collaborative Divorce?

Collaborative divorce is sometimes confused with uncontested divorce, but they are very different situations. In an uncontested divorce, the spouses have already reached full agreement before they file. In a collaborative divorce, they have not yet agreed on everything but are committed to reaching an agreement outside of court.

In a collaborative process, each spouse retains their own attorney and all four parties sign a participation agreement. That agreement requires both attorneys to withdraw if the case goes to litigation, which gives everyone a strong incentive to resolve things at the table. Financial professionals, mental health professionals, and other neutral experts are often brought in to help reach a fair resolution on specific issues.

Collaborative divorce costs more than an uncontested divorce because more professionals are involved over a longer period of time. But it is still significantly less expensive and less adversarial than a fully contested case that ends up at trial. And because the parties control the process, the terms they reach are often more practical and durable than what a judge would impose.

If you and your spouse agree on most things but have a few unresolved issues, collaborative divorce is worth considering before assuming you need a full contested case.

5. What Happens When You Think You’re Uncontested But You’re Not

This is one of the most common problems I see. A couple believes they’ve worked everything out. They file. Then, during the financial disclosure process, one spouse realizes the retirement account wasn’t addressed in the settlement. Or the parenting plan doesn’t cover holidays. Or one spouse discovers the other has a credit card debt they didn’t know about.

At that point, the case shifts from uncontested to contested, and everything that made it simple and cheap suddenly changes. The filing fees have already been paid. Attorneys may need to get involved where they weren’t before. The timeline stretches out. Emotions that were managed well in an amicable process can quickly become contentious when unexpected issues surface.

The way to avoid this is to be thorough before you file, not after. Sit down together with a complete list of every asset, every debt, every account, and every issue the divorce touches. Work through each one until you have a documented agreement. Then have an attorney review the settlement agreement before you sign it, even if you plan to file on your own. That review is far less expensive than unwinding a contested dispute mid-case.

6. The Filing Process, Step by Step

Once you and your spouse have reached a full agreement and put it in writing, here is how the filing process works in Broward County.

• Complete the Marital Settlement Agreement Both spouses sign the agreement before a notary public. The agreement must address every issue listed in Section 2 above. Florida Supreme Court approved forms are available on the Florida Courts website, including Form 12.902(f)(1) for divorces with minor children and Form 12.902(f)(2) for divorces without children.
• File the Petition for Dissolution of Marriage One spouse files a Petition for Dissolution of Marriage with the Broward County Clerk of Courts. The filing fee is currently $408. You can file in person at the courthouse or online through the Broward County e-filing system.
• Serve the other spouse Even in an uncontested case, the non-filing spouse must be formally served with the petition. In many uncontested cases, the responding spouse signs a Waiver of Service, which eliminates the need for a process server or sheriff’s deputy.
• Complete and exchange financial affidavits Both parties must complete a Family Law Financial Affidavit within 45 days of service. This is a sworn statement of each party’s income, assets, debts, and expenses. See Section 7 below for more on this requirement.
• Complete the parenting course if children are involved If the divorce involves minor children, both parents must complete a state-approved Parent Education and Family Stabilization Course before the court will grant the final judgment. See Section 8 below.
• Attend the final hearing The court schedules a final hearing, typically brief in uncontested cases. The judge reviews the settlement agreement, confirms both parties entered it voluntarily, and if everything is in order, enters the Final Judgment of Dissolution of Marriage.

Florida law requires a minimum of 20 days to pass between the date of filing the petition and the entry of a final judgment. See § 61.19, Fla. Stat. In practice, the timeline is usually longer because of scheduling, the financial affidavit deadline, and the parenting course requirement.

7. The Financial Disclosure Requirement

A lot of couples in uncontested cases assume that because they’ve already agreed on everything, the financial disclosure requirement is a formality. It is not. It is a mandatory part of every dissolution of marriage in Florida, including uncontested ones.

Within 45 days of serving the divorce petition, both parties must complete and exchange a Family Law Financial Affidavit. This is a sworn document that details each party’s income, expenses, assets, and liabilities. It must be filed with the court.

Why does this matter in an uncontested case? Because the financial affidavit creates the evidentiary record that supports the settlement agreement. If something is in your settlement that doesn’t match what’s in the financial affidavit, the court may question it. It also protects both parties: a settlement agreement reached without full financial disclosure can sometimes be challenged later on grounds that one spouse didn’t know what they were agreeing to.

If the divorce involves minor children and either parent earns under a certain threshold, a short-form affidavit may be used. For most cases with significant assets or income, the long-form affidavit is required.

8. The Parenting Course Requirement

When minor children are involved in a dissolution of marriage, Florida law requires both parents to complete a state-approved Parent Education and Family Stabilization Course before the court will enter a final judgment. See § 61.21, Fla. Stat.

The course is designed to help parents understand the impact of divorce on children and to develop strategies for co-parenting effectively. It runs approximately four hours and can be completed online. Both parents must complete it independently, and each must file a certificate of completion with the court before the final hearing.

This requirement applies even in amicable, uncontested cases. Skipping it or failing to file the certificate on time will delay the final judgment.

9. Timeline and Cost

One of the main reasons couples pursue an uncontested divorce is cost. The savings are real, but the numbers vary depending on whether children are involved and how complex the assets are.

Typical timeline

A straightforward uncontested divorce in Broward County with no children and no complex assets can be finalized in as little as four to eight weeks from filing. When children are involved, the parenting course requirement and the court’s scheduling calendar typically push the timeline to two to four months. Either way, this is dramatically faster than a contested case, which often takes twelve to eighteen months or longer.

Typical costs

The Broward County filing fee is $408. Beyond that, costs depend on whether and how you involve attorneys. Many law firms, including ours, offer flat-fee arrangements for uncontested divorces, which makes budgeting straightforward. The range for attorney-assisted uncontested divorces in Florida typically runs from $1,500 to $5,000 depending on the complexity of the issues involved. Cases involving significant assets, retirement accounts requiring QDROs, or business interests may fall outside that range.

Couples who attempt to handle everything themselves without any attorney involvement sometimes pay less upfront but end up spending more later correcting errors in the settlement agreement or dealing with issues that weren’t addressed properly the first time.

10. Do You Still Need a Lawyer?

Florida law does not require either party to have an attorney in an uncontested divorce. You can represent yourself. Many couples do, particularly in cases with no children and straightforward finances.

That said, there are situations where having at least one attorney review the settlement agreement before signing is genuinely worth the cost. If your marital estate includes a home, retirement accounts, a business, or significant debt, the terms you agree to now will affect you financially for years. An attorney reviewing the agreement is not there to create conflict, but to make sure what you’re signing accurately reflects what you intended and doesn’t have gaps that create problems later.

Retirement account division is the most common example. A settlement agreement can say “husband receives 50% of wife’s 401(k)” but that language alone does not transfer the funds. A QDRO has to be drafted, approved by the plan administrator, and entered by the court separately. If the settlement agreement doesn’t address the QDRO process and nobody follows through after the divorce is final, the retirement account may never actually get divided.

Larry Schott has helped Broward County families navigate uncontested divorces for over 30 years. Whether you need full representation, a settlement agreement review, or just want to understand your rights before you sign anything, a free consultation is the right starting point.

Related Articles:

• Contested Divorce in Florida: How to File and What to Expect
• How to File a Simplified Divorce in Broward County
• How to Divide Marital Assets in Florida During a Divorce
• Alimony in Florida: What You Need to Know
• Step-by-Step Guide to Getting a Divorce in Broward County