Uncontested Divorce in Florida

Uncontested Divorce in Florida: Faster, More Affordable, Still Protected

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An uncontested divorce is the fastest and most affordable way to end a marriage in Florida. When both spouses agree on every issue — child custody, child support, alimony, property division, and debt allocation — the divorce can be finalized in as few as 4 to 6 weeks after filing. There is no need for discovery, depositions, mediation, or trial. Both parties sign a marital settlement agreement, the paperwork is filed with the court, and a judge enters the final judgment.

But “uncontested” does not mean “simple.” The marital settlement agreement is a legally binding contract that governs your financial future, your relationship with your children, and your obligations for years or decades to come. A poorly drafted agreement can cost you far more than any attorney’s fee. Christine Leonard is a trial-tested family law attorney who reviews every uncontested agreement with the same meticulous attention she brings to a contested trial — because the stakes are just as high.

Requirements for Uncontested Divorce in Florida

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To qualify for an uncontested divorce in Florida, both spouses must agree on every issue in the case:

Residency. At least one spouse must have been a Florida resident for at least six months before filing the petition.

Grounds. Florida is a no-fault divorce state. You only need to establish that the marriage is “irretrievably broken.”

Agreement on all issues. Both spouses must agree on property division, debt allocation, child custody and timesharing, child support, and alimony. If there is disagreement on any issue, the case becomes a contested divorce.

Marital Settlement Agreement. The terms of your agreement must be memorialized in a written Marital Settlement Agreement (MSA) that is filed with the court. This document becomes part of the final judgment and is enforceable as a court order.

Timeline: What to Expect

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Week 1: Initial consultation. Christine reviews your situation, explains your options, and determines whether an uncontested divorce is appropriate for your case.

Weeks 1–2: Drafting the Marital Settlement Agreement. Christine drafts or reviews the MSA to ensure it protects your rights regarding property division, retirement accounts, real estate, debts, custody, and support.

Week 2: Filing the Petition. The Petition for Dissolution of Marriage is filed with the circuit court. Florida requires a mandatory 20-day waiting period after the petition is served.

Weeks 3–4: Waiting period and case processing. The respondent files their answer, and the court processes the paperwork.

Weeks 4–6: Final hearing. In many cases, the final hearing is brief — sometimes as short as 10 to 15 minutes. The judge reviews the agreement, confirms both parties entered into it voluntarily, and enters the final judgment of dissolution.

Cost Comparison: Uncontested vs. Contested Divorce

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The cost difference between an uncontested and contested divorce is significant. An uncontested divorce eliminates the most expensive components of the divorce process:

No discovery costs. Contested divorces require interrogatories, requests for production, subpoenas, and depositions — all of which generate substantial attorney’s fees.

No mediation fees. Florida requires mediation in contested cases, which adds mediator fees and additional attorney time.

No trial preparation or trial costs. Trial preparation alone can cost thousands of dollars in attorney time, expert witnesses, and exhibit preparation.

Reduced attorney time. An uncontested divorce typically requires a fraction of the attorney hours that a contested case demands.

The court filing fee in Florida is approximately $408 regardless of whether the case is contested or uncontested. Contact Leonard Legal at (904) 392-4573 to discuss fees for your specific situation.

Simplified Dissolution of Marriage

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Florida offers an even more streamlined process called Simplified Dissolution of Marriage. This option is available when:

No minor children. The parties have no minor or dependent children together, and the wife is not pregnant.

Complete agreement. Both parties agree on the division of all assets and debts.

No alimony. Neither party is seeking alimony.

Both parties appear. Both spouses must appear together at the final hearing.

Waiver of appeal. Both parties agree to waive their right to a trial and to appeal.

A simplified dissolution can be finalized even faster than a standard uncontested divorce. However, because both parties waive significant rights — including the right to appeal — Christine Leonard ensures every client fully understands the implications before proceeding with this option.

The Marital Settlement Agreement: Where Details Matter

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The Marital Settlement Agreement is the single most important document in an uncontested divorce. It determines how property is divided, how debts are allocated, who gets the house, how retirement accounts are split, what custody and timesharing schedule the children follow, and what support obligations exist. Once the judge signs the final judgment incorporating your MSA, it is extremely difficult to modify.

Christine Leonard drafts and reviews marital settlement agreements with precision. She identifies potential problems that most people would never consider: tax implications of property transfers, QDRO requirements for retirement account division, health insurance continuation issues, hidden debt exposure, and ambiguous language that could create enforcement problems down the road. Every agreement she touches is designed to protect you completely — not just today, but for years to come.

When Uncontested Divorce Works — and When It Does Not

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An uncontested divorce works well when both spouses genuinely agree on all terms, there is mutual trust regarding financial disclosures, and neither party feels pressured or coerced. It is ideal for shorter marriages with straightforward finances, amicable separations where both parties want to move forward efficiently, and situations where both spouses have independent financial stability.

An uncontested divorce is not appropriate when there are signs of hidden assets or financial deception, one spouse is pressuring the other to accept unfair terms, domestic violence is involved, complex assets like businesses, stock options, or multiple properties need to be valued and divided, or when one party does not fully understand their rights. In these situations, a contested divorce with full discovery and litigation protection may be necessary. Christine Leonard will tell you honestly which path is right for your case.

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