Uncontested Divorce in Miami: Timeline, Cost, and Steps

When both spouses agree on the terms of their divorce—property division, support, and parenting arrangements—the case can proceed as uncontested. Uncontested divorces in Miami typically resolve faster and cost less than contested cases, but they still require careful attention to legal requirements.

This guide explains how uncontested divorce works in Florida, what distinguishes it from simplified dissolution, and what to expect at each stage.

Uncontested vs. Simplified Dissolution

Florida offers two streamlined divorce options for couples who agree. Understanding the difference is important:

Simplified Dissolution is available only when both spouses agree on all issues, there are no minor or dependent children, the wife is not pregnant, neither spouse seeks alimony, both spouses waive the right to trial and appeal, and both spouses appear together at the final hearing. Simplified dissolution skips mandatory financial disclosures, making it faster—but it is only available in limited circumstances.

Uncontested Dissolution applies when spouses agree on all terms but do not qualify for simplified dissolution (usually because minor children are involved). This requires full financial disclosure under Rule 12.285, a comprehensive Marital Settlement Agreement, a detailed Parenting Plan (if children are involved), and court approval of child-related terms.

Uncontested cases move faster than contested divorces because they avoid prolonged discovery disputes, multiple hearings, and trial. However, the agreements must still meet Florida’s legal standards—particularly regarding children’s interests.

Required Agreements

An uncontested divorce requires written agreements addressing all issues in the marriage:

The Marital Settlement Agreement (MSA) covers division of marital assets and debts, allocation of retirement accounts and real property, responsibility for joint debts, alimony (or waiver of alimony), and any other financial terms.

If minor children are involved, Florida requires a Parenting Plan that addresses the time-sharing schedule (including holidays and school breaks), parental responsibility (shared or sole), decision-making authority for education, healthcare, and religious upbringing, communication methods between parents, and transportation arrangements.

The court reviews these agreements to confirm they are appropriate, for child-related matters, that they serve the children’s best interests. The judge is not required to approve an agreement that appears inequitable or fails to address required elements.

Typical Timeline

Uncontested divorces in Miami generally proceed faster than contested cases, but timelines vary based on court scheduling and how quickly both parties complete required steps.

Typical timeline for uncontested divorce in Miami-Dade County: Filing the petition occurs on Day 1. Service on spouse takes 1-2 weeks. Their response is required to be filed within 20 days of service unless they ask for an extension of time to the deadline. Under Florida Family Law Rule of Procedure 12.285, mandatory financial disclosures are generally required within 45 days after service of the initial pleading unless the requirement is waived or modified by the court.. Finalizing the Marital Settlement Agreement varies but often takes 2-4 weeks if parties agree. The final hearing is scheduled 2-6 weeks after paperwork is complete. Total time is typically 4-12 weeks.

Florida’s mandatory 20-day waiting period means no divorce can be finalized sooner than 20 days after filing, regardless of how quickly the parties agree.

It is common for our office to draft the initial filing paperwork together with the Marital Settlement Agreement. By getting all documents approved and signed before they are filed with the court, the timeline is reduced and we are often able to obtain the Final Judgment of divorce shortly after the 20 day waiting period.

Costs

Uncontested divorces generally cost less than contested cases because they avoid extended litigation, multiple hearings, and trial preparation. However, costs depend on case complexity.

Court filing fee is approximately $435 in Miami-Dade County. Attorney fees vary based on complexity. Some attorneys offer flat-fee arrangements for straightforward uncontested cases. Cases involving significant assets, business interests, or complex parenting arrangements typically cost more.

Additional costs may include process server fees, mediation fees (if required), QDRO preparation for retirement account division, and real estate transfer costs.

Attempting to handle an uncontested divorce without legal guidance may save money upfront but can create problems if agreements are incomplete, ambiguous, or fail to address required elements. Errors in financial disclosure or parenting plans can delay finalization or create enforcement issues later.

Common Mistakes in Uncontested Divorces

Incomplete agreements: A Marital Settlement Agreement that fails to address all assets, debts, or required parenting elements may be rejected by the court or create disputes after the divorce is finalized.

Overlooking tax consequences: Dividing assets without considering tax implications can result in unequal outcomes. A $100,000 retirement account is worth less than $100,000 in cash due to deferred taxes.

Assuming “uncontested” means “simple”: Even when spouses agree, the legal requirements are detailed. Florida courts require specific language in parenting plans and will reject agreements that do not meet statutory standards.

Not accounting for future changes: Life circumstances change. A well-drafted agreement anticipates potential modifications and includes provisions for handling disputes without returning to court.

When Uncontested Becomes Contested

Sometimes a divorce that begins as uncontested becomes contested when disagreements surface during the process. Common triggers include discovery of previously unknown assets or debts, disagreement over property valuation, changes in one party’s position on custody or support, and communication breakdown during negotiations.

If this happens, the case transitions to contested status, requiring mediation and potentially trial on unresolved issues. This increases both timeline and cost.

Working with an attorney from the start—even in uncontested cases—helps identify potential disputes early and draft agreements that address foreseeable issues.

Frequently Asked Questions

Do both spouses need lawyers for an uncontested divorce?

Each spouse may choose whether to retain an attorney. One attorney cannot represent both parties due to conflict of interest rules. However, one spouse can be represented while the other proceeds pro se (self-represented). Having independent legal review of agreements is advisable for both parties.

What if we agree on the children but not money?

If you agree on parenting issues but not property or support, the case is partially contested. You may be able to resolve financial disputes through mediation, but unresolved issues will require court intervention.

Can we finish an uncontested divorce without going to court?

In most cases, the judges require affidavits to be submitted in lieu of appearance at a final hearing.  Some Miami-Dade judges have final hearings by video conference. Simplified dissolutions require both spouses to appear together or to both submit affidavits.