Florida Uncontested Divorce
File an uncontested divorce in Florida without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (2-4 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$7,500-$$25,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in Florida?
To file an uncontested divorce in Florida, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in Florida for 6 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
Florida Simplified Dissolution of Marriage
Florida allows a Simplified Dissolution of Marriage under Florida Statutes Section 61.043. Both spouses sign and file Form 12.901(a), Joint Petition for Simplified Dissolution of Marriage, in the circuit court of the county where either spouse resides. A filing fee (approximately $408) must be paid. Both parties must appear at the final hearing. A judge reviews the petition, confirms that all legal requirements are met, and signs the Final Judgment of Simplified Dissolution of Marriage. The mandatory 20-day waiting period applies. The process can be completed in as little as 30 days.
Requirements for Simplified Dissolution of Marriage
Both parties agree to the dissolution and file jointly using Form 12.901(a)
No minor (under 18) or dependent children of the marriage
No adopted minor children
The wife is not pregnant
Both parties have agreed on the division of all marital assets and liabilities
Neither party is seeking alimony
Both parties agree the marriage is irretrievably broken
At least one party has lived in Florida for at least 6 months before filing
Both parties must complete and exchange financial affidavits (Form 12.902(b) or (c))
Both parties must appear at the final hearing
How to File an Uncontested Divorce in Florida
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 4 required forms for Florida. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $408 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
Florida has a 20-day waiting period. Florida has a 20-day mandatory waiting period from the date of filing before the court may enter a final judgment of dissolution. The court may waive this period for good cause shown. This is among the shortest waiting periods in the nation.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your Florida forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Florida requires financial disclosure within 45 days. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow Florida's service rules carefully.