Contested vs. Uncontested Divorces in Florida: What to Know

August 24, 2026

If you’re getting divorced, one of the first things you’ll need to understand is whether your case will be contested or uncontested. Both options end in the same place legally, but the process can differ quite a bit in terms of time, expense, and, oftentimes, stress.

In this guide, we’ll break down contested vs. uncontested divorce in Florida, cover the most important differences, and offer insight into what to expect moving forward in either case.

• Contested vs. Uncontested Divorce in Florida at a Glance
• What Is an Uncontested Divorce in Florida?
• What Is a Contested Divorce in Florida?
• Contested vs. Uncontested Divorce in Florida FAQs

Contested vs. Uncontested Divorce in Florida at a Glance

The biggest difference between a contested and uncontested divorce comes down to one question: Do you need a judge to decide an issue or compel your spouse to do something? If so, your divorce is contested. If you and your spouse agree on all the major issues, it’s uncontested.

If you’re wondering whether yours is a contested vs. uncontested divorce in Florida, this brief overview of how the two differ is a good place to start.

Key Difference	Uncontested Divorce	Contested Divorce
Agreement Required	Yes	No
Court Involvement	Minimal	Extensive
Cost	Generally lower	Usually higher
Mediation	Minimal or unnecessary	Regularly required
Trial	Rarely necessary	Often necessary
Timeline	Around 30–60 days after filing	Often several months to over a year
Stress Level	Typically lower	Typically higher

What Is an Uncontested Divorce in Florida?

An uncontested divorce in Florida is a straightforward divorce that doesn’t include any major issues or disputes that a judge would need to resolve. To qualify for an uncontested divorce, you and your spouse will typically need to agree on:

• How marital assets and debts will be divided
• Whether either spouse will pay alimony
• Child support
• Parenting responsibilities and timesharing arrangements
• Any other financial or legal issues related to the marriage

Despite what some may think, an uncontested divorce in Florida with children is entirely possible as long as both parents can align on every issue involving their children before filing or before the divorce is finalized. Still, even when both parents agree, the court will need to determine whether the parenting plan serves the children’s best interests.

How an Uncontested Divorce in Florida Works

An uncontested divorce in Florida follows a fairly simple, straightforward process:

1. Filing the petition: One spouse will file a Petition for Dissolution of Marriage with the court. If the divorce is truly uncontested, the paperwork should reflect that both spouses have already reached an agreement on the key issues.
2. Exchanging required financial information: Even when you both agree, Florida law generally requires that each spouse file financial disclosures so both spouses have a comprehensive understanding of all marital assets, debts, income, and expenses. This is a mandatory disclosure unless both parties lawfully waive the requirement (or another exception applies, such as a simplified dissolution).
3. Signing the Marital Settlement Agreement: You and your spouse will sign a Marital Settlement Agreement that will cover how property, debts, and alimony will be handled after the divorce. If you have minor children, your Parenting Plan will also address how child support, timesharing, and any other parenting responsibilities will be handled.
4. Submitting the Required Documents: Once all paperwork is completed and signed, which may include additional documents like the Child Support Guidelines Worksheet — everything will be filed with the court.
5. Attending a Final Hearing (If Required): While some uncontested divorces in Florida require no court appearance at all, others — often in Miami-Dade County — may involve a brief final hearing to review the agreement before entering the final judgment.
6. Final Judgment: After the judge reviews and approves the case, a Final Judgment of Dissolution of Marriage will be entered, officially ending the marriage.

How Long Does an Uncontested Divorce Take in Florida?

An uncontested divorce can be finalized in as little as 20 days (Florida requires a mandatory 20-day waiting period after the divorce petition is filed). In most cases, though, you can expect the process to take around 30 to 60 days, provided all your paperwork is accurate and filed correctly.

What Are the Advantages of an Uncontested Divorce?

For many couples, an uncontested divorce offers several important benefits:

• Faster resolution: Since there are no major disputes for a judge to resolve, you can typically finalize your divorce much more quickly than you would in a contested case.
• Lower costs: With fewer court hearings, less attorney involvement, and little or no litigation, you can often save on legal fees and court costs.
• Less stress: When you and your spouse work together to reach an agreement, you can avoid much of the conflict that often comes with a contested divorce.
• More privacy: By reaching an agreement outside the courtroom, you can limit the amount of personal and financial information that becomes part of the public record.
• Greater control: Instead of having a judge make decisions about your family’s future, you and your spouse can decide what works best for you.

What Are the Disadvantages of an Uncontested Divorce?

Although an uncontested divorce can be an excellent option, it’s not without its own risks.

• Unfavorable terms: If you’re not careful and don’t fully understand your legal rights, you could give up assets you’re entitled to, agree to an impractical parenting schedule, or take on financial obligations that aren’t sustainable.
• Paperwork mistakes: Even if you and your spouse agree on everything, the process can stall if your paperwork is incomplete or contains errors. Some couples who don’t hire an attorney can get so overwhelmed by the required forms that they never finish the divorce filing process. As Florida doesn’t recognize legal separation, failing to complete the divorce can leave both spouses legally married (and retaining legal rights) for years.
• Unforeseen disagreements: It’s common for couples to believe they’re in full agreement at the start, only to discover differences when they begin discussing specific issues. If that happens, your uncontested divorce could become contested.
• Overlooked issues: Even if you and your spouse are on good terms, it’s easy to miss legal or financial details that could affect you in the long term if you don’t work with an attorney.

What Is a Contested Divorce in Florida?

A contested divorce happens when you and your spouse can’t agree on one or more key issues — like property division, custody, child support, or alimony — that must be resolved before your marriage can legally end. A contested divorce may also be necessary when one spouse will not cooperate or disclose financial information, or when there are safety concerns.

In these situations, the court becomes involved, and if you can’t reach an agreement through negotiation or mediation, a judge will make the final decision for you.

How a Contested Divorce in Florida Works

A contested divorce in Florida typically involves several steps before your case is resolved:

1. Filing the petition: One spouse will file a Petition for Dissolution of Marriage with the court, and the other spouse will be formally served with divorce papers. Once the responding spouse files an answer, the litigation process will begin.
2. Exchanging financial information: You and your spouse will be required to exchange financial disclosures, including all information about your income, assets, debts, expenses, retirement accounts, and other relevant financial records.
3. Discovery: If more information is needed, either you or your spouse can request additional documents, submit written questions, take depositions, or work with financial or parenting experts to fully understand the facts before negotiating or going to trial.
4. Negotiation and mediation: Florida courts generally require mediation to see if you and your spouse can reach an agreement through a neutral third party before your contested divorce proceeds to trial. Although there’s a divorce mediation cost, mediation is often far less expensive than a trial.
5. Court hearings (if needed): If temporary issues arise while the divorce is pending — such as child custody, support, or access to marital funds — the court might hold hearings to address those matters until the divorce is finalized.
6. Trial: If you and your spouse can’t reach an agreement through mediation, your case will move to trial, and the judge will make the final decisions on any unresolved issues.
7. Final judgment: Once all disputed issues have been resolved, the court will enter a Final Judgment of Dissolution of Marriage to officially end the marriage.

How Long Does a Contested Divorce Take in Florida?

Every divorce is different, but a contested divorce in Florida typically takes several months to resolve and, sometimes, more than a year — unless you and your spouse are able to reach an agreement before trial. Cases involving high-value assets, business interests, or complex child custody disputes could take much longer.

What Are the Advantages of a Contested Divorce?

While a contested divorce can be more difficult, it could also be the best option for you. Advantages include:

• Judge intervention: If you and your spouse can’t agree on important issues like property division, child custody, or alimony, the court has the authority to make legally binding decisions.
• Access to financial information: Through the discovery process, you can obtain financial records and other information that may not have been voluntarily disclosed otherwise.
• Protected legal rights: If your case is high-conflict or involves significant assets, complex financial issues, or children, court oversight can help ensure Florida law is applied fairly and your rights are protected.

What Are the Disadvantages of a Contested Divorce?

A contested divorce can also come with several disadvantages:

• Higher costs: Because contested cases often involve additional attorney time, court hearings, discovery, and possibly a trial, they tend to be much more expensive than uncontested divorces.
• A longer process: Contested divorces typically take longer to resolve, especially if there are multiple issues in dispute or the case ultimately goes to trial.
• More stress: Ongoing disagreements, court proceedings, and uncertainty can make the divorce process more emotionally taxing for you and your family.
• Less control over the outcome: If you and your spouse can’t reach an agreement, a judge — not the two of you — will make the final decisions. While the court will apply Florida law, the outcome might not reflect what either of you wanted.

Contested vs. Uncontested Divorce in Florida FAQs

Can a divorce go from contested to uncontested?

If you and your spouse are able to resolve your disagreements, your divorce can go from contested to uncontested at almost any point in the process. As long as you have a signed agreement on all outstanding issues, you can turn what would have been a long trial into a short final hearing, or potentially no hearing at all. Reaching an agreement between yourselves will also save you time, reduce legal costs, and give you more control over the final outcome.

Why would a judge deny an uncontested divorce?

A judge might deny or delay your uncontested divorce if your paperwork is incomplete or your agreement doesn’t meet Florida’s legal requirements.

Keep in mind that Florida is also a no-fault state, so the court generally isn’t interested in vindicating your reasons for divorcing — it’s focused instead on moving the case through the system, dividing assets fairly, and, when there are children, doing what’s in their best interests. At the end of the day, the judge’s role is to ensure your agreement is legally sound and that all required documents have been properly submitted.

What should you avoid during any divorce?

No matter what type of divorce you’re going through, avoid making major financial changes or sending emotional messages you’ll later regret. This means you shouldn’t move money, hide assets, or stop contributing to household expenses without legal guidance. It’s also smart to assume that every text, email, or social media post could be reviewed by the court — so be mindful about the messages you’re sending.

Do you need a lawyer for an uncontested divorce?

Technically, Florida doesn’t require you to hire a lawyer for an uncontested divorce. But even when you and your spouse agree, remember that divorce agreements can have significant long-term consequences. Because of that, the real question isn’t whether you’re required to have a lawyer — it’s what you’re risking without one. A mistake involving property division, retirement accounts, parenting schedules, child support, or alimony, for instance, could affect your financial future for years. An experienced family law attorney can review your settlement agreement and help you understand all your legal rights and options.

Vasquez de Lara Law Group Can Help With Your Divorce

Deciding between a contested vs. uncontested divorce in Florida is an incredibly important step, but it’s only one piece of the divorce process. At Vasquez de Lara Law Group, we know every divorce is different. Whether you need help reaching a fair agreement as part of an uncontested divorce or strong representation in a contested case, our compassionate and experienced family law attorneys can guide you through your options and next steps. Schedule a free case evaluation with Vasquez De Lara Law Group today.