How to File for an Uncontested Divorce in Florida (2026)

How to File for an Uncontested Divorce in Florida

To file for an uncontested divorce in Florida, you and your spouse must agree on every issue in the case, including property division, debts, and, if you have children, parenting and support, and then one spouse files a Petition for Dissolution of Marriage along with the required financial disclosures. If you meet Florida's narrow eligibility rules, you may qualify for the faster Simplified Dissolution of Marriage under Fla. Stat. § 61.021; otherwise you will use the regular uncontested track, which still avoids a trial because both spouses sign a Marital Settlement Agreement. Most uncontested Florida divorces end with a short final hearing, often without extensive testimony from either spouse.

1. What Makes a Florida Divorce "Uncontested"

An uncontested divorce simply means both spouses agree, in writing, on every issue the court would otherwise have to decide: how property and debts get divided, whether either spouse receives support, and, if there are children, the parenting plan and child support amount. Nothing is left for a judge to referee at trial. This is different from a default divorce, where one spouse simply never responds, and different from a contested case where the two sides disagree on one or more material issues. If your case has any disputed issue, even a minor one, it is not truly uncontested, and you should review contesting a divorce in Florida to understand how that changes the process.

Florida is a no-fault state, so neither spouse has to prove wrongdoing to get divorced. Under Fla. Stat. § 61.052, the only ground most couples use is that the marriage is "irretrievably broken." You do not need to explain why in the petition, and an uncontested case does not require either spouse to air grievances in court. The agreement itself, not the reason for the divorce, is what makes the case move quickly.

It is a common misconception that "uncontested" means short marriage, no assets, or no kids. In practice, uncontested divorces range from simple two-year marriages with no property to twenty-year marriages with retirement accounts, a marital home, and children, so long as both spouses have reached full agreement. Even in an agreed case, Florida still requires you to satisfy every statutory filing requirement that applies to any dissolution, covered in detail in Florida divorce filing requirements.

2. Two Paths: Simplified Dissolution vs. Regular Uncontested Dissolution

Florida actually offers two different procedural tracks for couples who agree, and picking the right one matters. The Simplified Dissolution of Marriage, authorized under Chapter 61 and implemented through Florida Family Law Rules of Procedure Form 12.900(a), is the fastest option, but eligibility is narrow. Both spouses must file the petition jointly, neither can have minor or dependent children together (and the wife cannot be pregnant), neither spouse can be seeking alimony, and both must agree on how every asset and liability will be divided. Both spouses must also appear together at the final hearing.

If you do not qualify for simplified dissolution, most likely because you have children, one spouse wants support, or the couple prefers not to file jointly, you use the regular uncontested dissolution process instead. One spouse files the Petition for Dissolution of Marriage, the other spouse formally responds (or signs a waiver), and both sign a Marital Settlement Agreement resolving every issue. It takes a few more forms than the simplified track, but it is still far faster and cheaper than a contested case because there is no trial on disputed facts.

Choosing the wrong track is one of the most common self-represented mistakes. Filing a simplified petition when you actually have minor children, or when one spouse quietly wants alimony, gets the case kicked back by the clerk or the judge, costing time rather than saving it.

3. Residency and Legal Grounds You Must Meet

Before anything else, Florida requires that at least one spouse have been a resident of the state for six months immediately before filing the petition, under Fla. Stat. § 61.021. Residency is typically proven with a valid Florida driver's license, voter registration card, or the corroborating testimony of a third-party witness at the final hearing. If neither spouse meets this threshold, the Florida circuit court has no authority to dissolve the marriage, regardless of how uncontested the case is.

The petition must also state the legal ground for divorce. Under Fla. Stat. § 61.052, Florida recognizes two grounds: that the marriage is irretrievably broken, or that one spouse has been declared mentally incapacitated for at least three years. Virtually every uncontested case relies on the irretrievable breakdown ground, since it requires no fault-based proof and both spouses' agreement to divorce is generally treated by the court as sufficient evidence of the breakdown.

Venue matters too. The petition is filed in the circuit court for the county where either spouse resides, and choosing the correct county avoids a transfer that can add weeks to an otherwise quick case.

4. Step-by-Step: Filing the Petition

Once you have confirmed eligibility, the mechanics of filing are consistent across both tracks, with small variations in which forms you use.

• Prepare the Petition for Dissolution of Marriage (simplified joint petition, or the standard petition for the regular track), naming both spouses and stating the ground for divorce
• File the petition, along with a Family Law Financial Affidavit for each spouse, at the circuit court clerk's office in the correct county, and pay the filing fee, discussed further in Florida divorce filing fees
• If you have minor children, complete a proposed Parenting Plan and Child Support Guidelines Worksheet
• Arrange for service on the other spouse, or have both spouses sign and file the joint simplified petition together
• Complete the mandatory parent education course if children are involved, before the final judgment is entered

The clerk's office in most Florida counties provides approved family law forms, and many circuits maintain self-help centers for pro se filers. Even when both spouses agree, filing the wrong version of a form, such as the long-form financial affidavit when the short form applies, can delay the case while it is corrected and refiled.

5. Required Financial Disclosures

Florida's mandatory disclosure rules apply to every dissolution case, contested or not, and they exist to give the court, and each spouse, an accurate financial picture before any agreement is approved. Each spouse completes a Family Law Financial Affidavit: the short form if combined gross annual income is under $50,000, the long form above that threshold. The affidavit lists income, monthly expenses, assets, and liabilities, and it must be exchanged with the other spouse even when there is no dispute over the numbers.

Beyond the affidavit, Florida Family Law Rule 12.285 requires production of supporting documents such as recent pay stubs, the last three years of tax returns, and statements for bank, retirement, and investment accounts. Simplified dissolution petitioners still need to reach agreement on how assets and debts under Fla. Stat. § 61.075's equitable distribution framework will be divided, even though the simplified petition itself does not require the same financial affidavit exchange the regular track does.

Skipping or shortcutting disclosure is one of the fastest ways an "agreed" divorce turns into a dispute months later. If a retirement account, a business interest, or a piece of real estate is left off the disclosure and surfaces afterward, the other spouse can ask the court to reopen the property division.

6. Serving Your Spouse or Filing Jointly

In the regular uncontested track, after the petition is filed the other spouse must be given formal notice under Florida's service rules. The simplest route is for the responding spouse to sign a Waiver of Service and Acceptance, which avoids the cost and delay of hiring a process server. If the other spouse is cooperative, this can happen within days of filing. If a process server or the sheriff must locate and serve the spouse, that step alone can take one to several weeks depending on the county and how easy the spouse is to locate.

In the simplified track, there is no service requirement at all, because both spouses sign and file the joint petition together and later appear together at the final hearing. This is one of the practical reasons couples who qualify for simplified dissolution often prefer it: it removes an entire procedural step.

If, after filing, your spouse becomes unresponsive or refuses to sign anything, the case is no longer proceeding as truly uncontested. At that point you may need to pursue formal service and, if your spouse still never responds, a default divorce rather than an agreed one.

7. The Marital Settlement Agreement

The Marital Settlement Agreement, often called an MSA, is the document that actually makes a regular dissolution case uncontested. It is a signed, notarized contract between the spouses resolving every issue: division of real property, bank and retirement accounts, vehicles, debts, and, if applicable, spousal support. The agreement should be specific rather than aspirational, identifying accounts by name and number and describing exactly how and when transfers will happen, because a vague MSA is a common source of post-divorce disputes.

If either spouse is waiving alimony, the MSA should say so explicitly, since Florida courts will not assume a waiver from silence. Retirement accounts divided under an MSA, such as a 401(k) or pension, often require a separate Qualified Domestic Relations Order to actually transfer funds without tax penalty, a step spouses frequently overlook until after judgment.

Once both spouses sign the MSA, it is filed with the court and incorporated into the Final Judgment of Dissolution of Marriage. From that point forward, its terms are enforceable as a court order, not just a private contract, which matters if one spouse later fails to follow through.

8. Parenting Plans and Child Support When Children Are Involved

Having children does not disqualify a divorce from being uncontested; it simply means the agreement has to address parental responsibility, time-sharing, and support. Under Fla. Stat. § 61.13, Florida starts from a presumption that shared parental responsibility, both parents jointly making major decisions, is in the child's best interest, unless there is evidence of detriment to the child. The parenting plan must include a time-sharing schedule detailing where the child will be on a day-to-day basis, plus a method for resolving future disagreements.

Child support is calculated using Florida's statutory formula under Fla. Stat. § 61.30, which weighs both parents' incomes, the number of overnights each parent has with the child, and costs like health insurance and childcare. Even when both parents agree on a support number, the amount generally must fall within the guideline range, or the agreement must explain in writing why a deviation is justified, since the court has an independent obligation to protect the child's interests regardless of parental agreement.

Both parents must also complete a state-approved parent education and family stabilization course under Fla. Stat. § 61.21 before the final judgment can be entered. This is an easy step to forget, and missing it is one of the more common reasons an otherwise-ready uncontested case sits waiting for a final hearing date.

9. The Final Hearing and Entry of Judgment

Once the petition, disclosures, and any MSA and parenting plan are on file, the case is set for a final hearing. In an uncontested case this hearing is typically brief, often ten to twenty minutes, because there is no dispute for the judge to resolve. The judge will confirm residency and grounds, review the settlement terms, and, if children are involved, look closely at whether the parenting plan and child support figures serve the child's best interests before approving them.

In a simplified dissolution, both spouses must appear together at this hearing. In a regular uncontested dissolution where the other spouse signed a waiver and is not contesting anything, many circuits allow the petitioning spouse to appear alone, though local rules vary by county. The judge signs the Final Judgment of Dissolution of Marriage at or shortly after the hearing, which legally ends the marriage and incorporates the MSA and parenting plan by reference.

After judgment, either spouse can request certified copies of the decree for name changes, benefits, or remarriage; see getting a copy of your Florida divorce decree for how that process works.

10. Costs, Timeline, and What Can Delay an Uncontested Case

Filing fees for dissolution of marriage vary by county but generally fall in the $400 range, with additional charges for summons issuance if formal service is needed; a full breakdown is in Florida divorce filing fees. Beyond the court fee, expect potential costs for a process server if your spouse does not sign a waiver, the state-mandated parent education course if you have children, and certified copies of the final judgment. A general cost comparison between uncontested and contested cases is available at Florida divorce cost.

Florida does not impose a mandatory waiting period between filing and judgment beyond the six-month residency requirement, but in practice, timelines depend heavily on the county's court docket and how quickly disclosures, the MSA, and any required parenting course are completed. A clean simplified dissolution with both spouses ready to appear can sometimes conclude within a few weeks of filing; a regular uncontested case involving children, retirement accounts, or a process server can take a few months.

The biggest source of delay is rarely the court itself; it is incomplete paperwork. Missing a signature, an inconsistent asset list between the petition and the MSA, or a parenting course certificate that has not been filed will all bounce a case back and add weeks to the timeline.

11. Common Mistakes That Turn Uncontested Into Contested

Even couples who start out in full agreement can end up in a contested posture through avoidable errors.

• Leaving an asset or debt, especially a retirement account or a jointly held credit line, off the financial disclosure
• Signing an MSA with vague language about "dividing property equally" instead of listing specific accounts, values, and deadlines
• Forgetting the mandatory parent education course, which can hold up entry of the final judgment for weeks
• Agreeing to a child support figure outside the statutory guidelines without documenting a valid reason under Fla. Stat. § 61.30
• Filing the simplified petition despite having minor children or an unresolved alimony question, which the case does not qualify for

Any one of these can cause the other spouse to withdraw agreement, or cause the judge to decline to approve the settlement as written, effectively converting an uncontested filing into a disputed one that requires further hearings.

Bottom line

An uncontested Florida divorce is fastest and least expensive when both spouses reach a complete, specific written agreement before filing and use the correct procedural track, simplified or regular, for their situation. Meeting the residency and grounds requirements under Fla. Stat. § 61.021 and § 61.052 is only the starting point; the real work is in accurate financial disclosure, a clearly drafted Marital Settlement Agreement, and, where children are involved, a parenting plan and child support figure that hold up under Fla. Stat. §§ 61.13 and 61.30. If you want help confirming which track fits your situation or reviewing your agreement before you file, you can start with our divorce qualifier or review our family law services.

Attorney Advertising Disclaimer

This article provides general information about Florida divorce procedure and does not constitute legal advice. It reflects Florida law as understood as of 2026 and may not account for recent statutory or procedural changes or the specific facts of your situation. Reading this article does not create an attorney-client relationship with Louis Law Group. Past results do not guarantee or predict a similar outcome in any future matter. Consult a licensed Florida attorney about your specific circumstances before taking legal action.