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Uncontested Divorce in Florida
Founder, Owner & Attorney
An uncontested divorce is generally the quickest, simplest, and most cost-effective way to end a marriage. When both you and your spouse can agree on the terms of your divorce, you can also avoid the stress associated with litigation in contested cases.
At Vasquez de Lara Law Group, our team has over two decades of experience guiding clients through both contested and uncontested divorces in Miami. We’ll guide you through every step of the process, prepare and review the necessary paperwork, and work to make the process as efficient and straightforward as possible while protecting your interests.
If you’re considering an uncontested divorce, schedule a free case evaluation today to find out your options.
Below, you’ll learn what an uncontested divorce is, the requirements to qualify, how long the process typically takes, what it may cost, and what to look out for.
What Is an Uncontested Divorce?
Unlike a contested divorce, which involves disputes, an uncontested divorce means you and your spouse have reached an agreement on every major issue — like child support, debt division, and alimony — before asking the court to finalize your divorce. Because there are no disputes for the court to resolve, the process can be much faster and simpler, and in many cases, you may not even need to appear in court.
Uncontested divorce vs. simplified divorce
Although the terms are sometimes used interchangeably, an uncontested divorce and a simplified divorce in Miami aren’t the same thing.
An uncontested divorce is an option for couples who agree on every issue related to their divorce, even if they have children together, own property, or have marital debts. As long as both spouses can reach a complete agreement, they may be able to avoid a contested court process.
A simplified divorce, on the other hand, is a specific type of divorce that’s only available to couples who meet the following requirements:
- They cannot have minor or dependent children together.
- The wife cannot be pregnant.
- There are no marital assets or debts to divide.
- Neither spouse is seeking alimony.
- Both spouses must sign a Special Affidavit for Remote Uncontested Hearing, or appear together at the final hearing, if there is a final hearing.
Because of these stricter requirements, not every couple who qualifies for an uncontested divorce will qualify for a simplified dissolution of marriage.
If you have questions about a simplified or uncontested divorce in Florida, our attorneys are here to help. Schedule a free case evaluation today to take the next step.
What Are the Requirements for an Uncontested Divorce in Florida?
While every case is different, most uncontested divorces follow these general steps and requirements.
Step 1: You and your spouse reach an agreement
Before filing, you and your spouse must agree on all of the terms of your divorce. This includes:
- How your property and debts will be divided
- Whether one of the spouses will pay alimony
- Child support, if applicable
- Your parenting plan and timesharing schedule, if you have children
These agreements will be put into writing before the divorce is filed.
Step 2: One spouse files for divorce
One spouse will file a Petition for Dissolution of Marriage along with the required settlement documents. Because all of the major issues have been resolved, the paperwork should reflect the terms both spouses have already agreed to.
Step 3: The other spouse signs or responds
The other spouse will review the documents and sign the necessary forms acknowledging the agreement. If they sign, the divorce should move forward without litigation.
Step 4: Required documents are submitted
Both spouses will complete any required financial disclosures unless they qualify for and agree to a legal waiver. If you have children, additional documents — such as a Parenting Plan and child support paperwork — will also need to be filed with the court.
Step 5: The court reviews the case
The judge will review the paperwork to make sure everything complies with Florida law and that any agreements involving children are in the children’s best interests. If everything is in order, the court will sign the Final Judgment, or if needed, schedule a final hearing. In many uncontested cases, you may not need to appear personally, as your attorney can make the necessary appearance on your behalf.
Step 6: The divorce is finalized
At the final hearing — which you may not need to attend personally in some uncontested cases — the judge will sign the Final Judgment of Dissolution of Marriage. Once the judgment is entered, your divorce will be officially finalized, and the terms of your agreement will become legally binding.
How Long Does an Uncontested Divorce Take in Florida?
Florida has a 20-day waiting period after the petition is filed, though most uncontested divorces are usually finalized within 30 to 60 days, depending on the court’s schedule and whether all the paperwork filed is complete and accurate. Cases with missing documents or filing errors could, of course, take longer.
How Much Does It Cost to File an Uncontested Divorce in Florida?
An uncontested divorce is typically much less expensive than a contested divorce because there are typically no lengthy negotiations, formal exchanges of evidence, and information (known as discovery), or court hearings.
The baseline costs everyone pays — the court filing fee (a few hundred dollars, varying by county), service of process, and small incidentals — typically come in under about $1,000 all-in.
Many firms, including ours, will handle a truly uncontested divorce for a flat fee. At Vasquez de Lara Law Group, our flat fee divorce starts at $2,500 under the Basic tier for couples with no minor children and no marital debts or assets to divide. More advanced tiers are available for cases involving children, marital property, or alimony. Standard and Complex tiers are available for cases involving children, marital property, or alimony.
For a full do-it-yourself (DIY) route, Miami-Dade’s Self-Service for Divorce program runs roughly $500 in filing fees and costs.
Although a DIY divorce may cost less upfront, many couples choose to work with an attorney to help ensure their paperwork is completed correctly and their settlement agreement is legally enforceable. Doing so could help you avoid delays, additional filings, or costly mistakes later in the process.
