Last updated 2026-07-11
TL;DR
An uncontested divorce in Florida needs a Petition for Dissolution of Marriage, a signed settlement agreement, and proof of six-month residency. You file at your county circuit court, serve your spouse (or get a signed waiver), and attend a short final hearing. Court fees run about $408. Most agreed cases finish in 30 to 90 days.
What is an uncontested divorce in Florida and do you qualify?
An uncontested divorce means both spouses agree on every issue before anyone files a single form. No trial. No judge deciding who gets the house. No fight over the custody schedule. You and your spouse work it out, write it down, and the court signs off on what you've already decided.
Florida uses the term "simplified dissolution of marriage" for the most basic version, but most couples with children or real property use the regular uncontested path instead. Florida Statutes Section 61.052 governs dissolutions and states that the only ground needed is that "the marriage is irretrievably broken." [1] You don't need to prove fault. You don't need to accuse anyone of anything.
To qualify for any Florida divorce, at least one spouse must have lived in Florida for six months before filing. [1] A valid Florida driver's license, voter registration, or a sworn affidavit from a Florida resident who knows your living situation can prove that residency.
The simplified dissolution (Florida Statute 61.19) is available only if there are no minor or dependent children, the wife is not pregnant, neither spouse wants alimony, both spouses agree on all property and debt, and both agree to appear together at the final hearing. [2] If any of those conditions fail, you use the regular uncontested process, which is what most of this guide covers.
What forms do you need to file an uncontested divorce in Florida?
Florida's self-help court system publishes official approved forms. The Florida Supreme Court's Family Law Forms are the authoritative source, and using the official versions matters because clerks can reject non-conforming documents. [3]
For a regular uncontested divorce with no minor children, you generally need:
| Form | Official Number | Purpose |
|---|---|---|
| Petition for Dissolution of Marriage | 12.901(b)(1) | Opens the case |
| Marital Settlement Agreement | 12.902(f)(1) | Records your deal on property and debt |
| Notice of Social Security Number | 12.902(j) | Required in every family case |
| Financial Affidavit (short form) | 12.902(b) | Each spouse files one if income is under $50,000; long form if over |
| Final Judgment of Dissolution | 12.990(c)(1) | The judge signs this to end the marriage |
| Waiver of Service | 12.900(a) | Spouse signs to skip formal process service |
If you have minor children, add:
| Form | Official Number | Purpose |
|---|---|---|
| Petition (with dependent or minor children) | 12.901(b)(2) | Replaces the no-children petition |
| Parenting Plan | 12.995(a) or (b) | Required in every case with children [4] |
| Child Support Guidelines Worksheet | 12.902(e) | Florida uses an income-shares model |
| Uniform Child Custody Jurisdiction | 12.980(d)(1) | Court needs this to assert jurisdiction |
| Final Judgment (with children) | 12.990(c)(3) | Incorporates parenting plan and support |
All official forms are free at the Florida Courts website. [3] Your county clerk may also have local cover sheets or standing orders, so check the clerk's website for the county where you're filing before you print anything.
For the divorce papers themselves, you can draft everything from scratch using the official instructions, or use a prepared packet. DivorceClear's $149 document packet fills out all the Florida forms based on your answers, which saves a few hours of cross-referencing the instruction sheets.
How much does it cost to file an uncontested divorce in Florida?
The Florida clerk filing fee for a petition for dissolution of marriage is $408 in most counties. [5] That number comes from Florida Statute 28.241, which sets the base fee at $408 for dissolution cases. A few counties add small administrative surcharges, so confirm with your clerk, but $408 is the statewide floor.
If your spouse files an Answer (even an agreeable one rather than a formal waiver), there's a $301 response filing fee on their side. Many uncontested cases skip that by using the Waiver of Service and a simplified Answer, which some clerks accept without the fee. Check locally.
Process service by a sheriff's deputy runs $40 per person in most Florida counties. If your spouse signs a Waiver of Service, you skip this entirely.
Can't afford the fees? Florida has a fee waiver process. File an Application for Determination of Civil Indigent Status (Florida Form 68) with the clerk. If approved, filing fees are waived. [5]
| Cost Item | Typical Amount |
|---|---|
| Petition filing fee | $408 |
| Spouse's Answer filing fee | $301 (often avoidable) |
| Sheriff process service | $40 per attempt |
| Certified copy of final judgment | $1 per page + $2 cert fee |
| Parenting class (required if children) | $25-$75 per person |
| Document preparation service | $0 (DIY) to $500+ |
Watch the notary line. Florida requires several forms to be notarized or signed before a deputy clerk. Budget $10 to $25 if you don't have free access to a notary.
What is the step-by-step process to file an uncontested Florida divorce?
Here's the actual sequence, from blank forms to final judgment.
Step 1: Confirm residency and eligibility. One spouse must have lived in Florida for six months immediately before filing. [1] If you moved in recently, wait until you hit that mark.
Step 2: Draft and sign your Marital Settlement Agreement. This is the contract that resolves everything: real estate, retirement accounts, bank accounts, vehicles, debts, and if applicable, alimony. Both spouses sign before a notary. The agreement doesn't get filed first, but it needs to be ready before you schedule the final hearing. If you're sorting out alimony, spell out the amount, duration, and payment method precisely in this agreement.
Step 3: Complete the petition and supporting forms. The petitioner (the spouse who files) completes Form 12.901(b)(1) or (b)(2). Both spouses complete Financial Affidavits. The petitioner signs the petition before a notary or deputy clerk.
Step 4: File with the circuit court clerk. Go to the circuit court clerk's office in the Florida county where either spouse lives. Bring two copies of everything: one the clerk stamps and returns to you, one for your records. Pay the $408 filing fee or submit your indigency application. The clerk assigns a case number.
Step 5: Serve your spouse or get a waiver. Florida requires formal service of the petition on the respondent spouse unless they waive it. The easiest path in an uncontested case is having your spouse sign Form 12.900(a), the Waiver of Service, before you file or right after. If they won't sign, hire a process server or use the sheriff.
Step 6: Respondent files a response (or waiver). If service was waived, the respondent may still file a short Answer agreeing to the divorce. Some counties require this. Others accept the waiver alone. Ask the clerk what they want.
Step 7: Complete the parenting class if you have minor children. Florida requires both parents to complete a court-approved Parent Education and Family Stabilization Course before a final hearing can be set. [4] The certificate from the course gets filed with the court. Most courses cost $25 to $75 and can be done online.
Step 8: Wait out any mandatory period. Florida has no statutory waiting period for uncontested divorces. The 20-day response period applies to contested cases. In practice, expect 4 to 12 weeks of processing time depending on your county's docket.
Step 9: Submit the Final Judgment and schedule the hearing. Once the clerk confirms everything is in order, you contact the judge's judicial assistant to schedule a final hearing. In truly uncontested cases, many Florida judges handle these hearings in 5 to 10 minutes. Bring your original settlement agreement and the proposed Final Judgment for the judge to sign.
Step 10: Attend the final hearing. The judge asks a few questions to confirm Florida residency, that the marriage is irretrievably broken, and that both parties understand the settlement agreement. The judge signs the Final Judgment. You're divorced. Get certified copies from the clerk that same day.
How do you handle property and debt in an uncontested Florida divorce?
Florida is an equitable distribution state, which means marital property is divided fairly. That usually lands near equal, but not always. [6] Non-marital property, meaning anything owned before marriage or received as a gift or inheritance during marriage and kept separate, stays with the original owner.
In an uncontested case, you and your spouse decide the split yourselves and write it into the Marital Settlement Agreement. The court doesn't recalculate equitable distribution as long as both parties agreed voluntarily. That's the real power of an uncontested divorce: you control the outcome.
For real estate, the agreement needs to say who gets the property or how sale proceeds get divided. If one spouse is keeping the house and taking over the mortgage, the mortgage lender has to agree to a refinance or assumption. The divorce decree alone doesn't remove a name from a loan.
For retirement accounts like a 401(k) or pension, you need a Qualified Domestic Relations Order (QDRO) in addition to your divorce decree to actually move funds without tax penalties. The QDRO is a separate court order and often needs a specialist. This is one place where spending a few hundred dollars on a QDRO attorney makes sense even in an otherwise DIY divorce.
Debt is the trap most people miss. Both names on a loan means both parties stay legally liable to the creditor no matter what your settlement agreement says. If one spouse is assigned a joint debt in the agreement and then defaults, the creditor can still come after the other. Refinancing joint debt into one name is the only clean fix.
The Florida Courts self-help pages cover property issues in more detail at flcourts.gov. [3]
How does child custody and support work in an uncontested Florida divorce?
Florida dropped the terms "custody" and "visitation" in 2008. The law now uses "time-sharing" and "parental responsibility." [4] A Parenting Plan governs both.
Your Parenting Plan has to cover the daily schedule for each parent, school and holiday schedules, how parents communicate with the child during the other parent's time, and who makes decisions about education, health care, and extracurricular activities. [4] Florida courts will not approve a vague plan. Specific dates, times, and pickup/drop-off locations are expected.
Child support in Florida follows the Income Shares Model under Florida Statute 61.30. [7] Both parents' net incomes are combined, and a guidelines table sets the base support amount. The parent with less time-sharing generally pays support to the other. The child support calculator tool can help you estimate the number before you sit down to negotiate.
Florida allows a deviation from guideline support if both parents agree and the judge finds the deviation is in the child's best interests. Any deviation needs to be written into the settlement agreement with a stated reason.
A child support order can always be modified later if incomes or time-sharing change substantially. This is not a permanent number.
Both parents must complete the court-approved parenting class before the final hearing. There is no waiver for this requirement. [4]
How long does an uncontested divorce take in Florida?
There is no mandatory waiting period in Florida for uncontested divorces. Some states require 30 or 60 days after filing before a judge can sign. Florida has no such rule.
The real timeline comes down to two things: how fast your county's docket moves and how quickly you get the paperwork right the first time.
In counties with lighter dockets, often the smaller ones, a fully uncontested case can be finalized in 30 to 45 days from filing. Miami-Dade, Broward, and Palm Beach handle high volume and commonly run 60 to 90 days. Cases with children sometimes take longer because the parenting class certificate and parenting plan review add steps.
Errors or missing documents reset your clock. The clerk's office issues a deficiency notice, and you refile. That can easily add three to four weeks. Getting the forms right the first time matters more than speed.
If your spouse disappears or refuses to respond after proper service, you can seek a default after 20 days, but a default in a divorce case still requires a final hearing and the judge reviewing your proposed settlement. That path takes longer.
Can you file for divorce in Florida without a lawyer?
Yes. Florida openly supports self-representation through its family law self-help resources. The Florida Courts Self-Help Center provides all official forms, detailed instructions for each form, and county-level information. [3] Circuit courts in most counties also have self-help centers in the courthouse staffed by facilitators who answer procedural questions (they cannot give legal advice).
Self-represented litigants are called "pro se" parties. Judges in Florida family courts see pro se filers in uncontested cases all the time. The hearing is usually brief and conversational.
Where a divorce attorney still earns their fee: complicated retirement division needing QDROs, a business with unclear valuation, spousal support that isn't resolved, or any worry about a signed agreement being coerced or uninformed. A one-time consultation, not full representation, often costs $200 to $400 and can catch problems before you file. That's a reasonable spend even if you handle the rest yourself.
A divorce lawyer is not required in Florida for an uncontested case, and for straightforward situations, hiring one full-time adds cost without adding much value. The Florida Bar's Lawyer Referral Service can connect you with attorneys who offer limited-scope or unbundled representation if you want help with just one piece of the process. [8]
What are the most common mistakes people make filing a Florida uncontested divorce?
Missing the notary requirement. Several forms in Florida require the signature to be witnessed by a notary or deputy clerk. The Financial Affidavit, the Petition, and the Marital Settlement Agreement all need notarization. Filing unnotarized documents is one of the top reasons for deficiency notices.
Using outdated forms. Florida updates its family law forms periodically. A form from three years ago may get your filing rejected. Download fresh copies from flcourts.gov right before you file. [3]
Filing in the wrong county. You file in the circuit court of the county where either spouse currently lives. File in the wrong county and the clerk rejects it or the case gets transferred.
Vague parenting plans. Florida courts reject parenting plans that say things like "reasonable time-sharing" without specifics. Write out exact days, weeks, holidays, and times.
Not disclosing all assets in the Financial Affidavit. Both spouses must file complete and accurate financial affidavits. Leaving out an account or asset doesn't make it invisible. It can unwind a final judgment years later if discovered.
Forgetting to change the name legally. If you want a name change, request it in the Petition and confirm it's in the Final Judgment before the judge signs. Adding a name change after the fact requires a separate court process and filing fee.
Skipping the parenting class. In cases with children, both parents must file their course certificates before the final hearing is scheduled. Judges will not waive this. [4]
If you're unsure about any step, the Florida Courts self-help resources are genuinely good, and most courthouse self-help centers will review your forms for completeness before you hand them to the clerk.
What happens at the final divorce hearing in Florida?
For an uncontested divorce, the final hearing is short. Most judges keep these under 15 minutes. You'll stand before the judge. Your spouse may or may not need to be present depending on the county and the judge's preference, so check with the judicial assistant when scheduling.
The judge confirms four things: at least one spouse has lived in Florida for six continuous months, the marriage is irretrievably broken, you understand the Marital Settlement Agreement you signed, and the agreement is fair and voluntary.
In cases with children, the judge also confirms the parenting plan is in the best interests of the child and that child support is calculated correctly.
Bring to the hearing your original signed and notarized Marital Settlement Agreement, the proposed Final Judgment (already filled out, for the judge to sign), your parenting class certificates if applicable, a valid photo ID, and any court notices you received about the hearing.
After the judge signs the Final Judgment, ask the clerk for at least two certified copies. You'll need them to update titles, deeds, financial accounts, and your passport. Certified copies cost $1 per page plus a $2 certification fee in most Florida counties.
The divorce is legally effective the moment the judge signs.
How do you get certified copies and update your records after the divorce?
The Final Judgment is the legal document that proves you're divorced. Get certified copies from the clerk the day the judge signs, and get more than you think you need. Banks, mortgage companies, the Social Security Administration, the Florida DMV, and passport agencies all want certified copies, not photocopies.
Name change: if the Final Judgment includes a legal name change, bring a certified copy to the Social Security Administration first, then the Florida DMV, then your bank. Social Security must be updated before the DMV will issue a new license. [9] The Social Security Administration charges nothing for the name change process. [9]
Beneficiary designations: a divorce in Florida automatically revokes any beneficiary designation that names your former spouse on life insurance policies, retirement accounts, and similar instruments, under Florida Statute 732.703. [10] But you still need to affirmatively update those designations with each financial institution. Relying on the automatic revocation without re-designating leaves you with no named beneficiary, which causes delays and probate headaches.
Quit-claim deeds: if real property was transferred in the settlement, a quit-claim deed needs to be prepared, signed, notarized, and recorded with the county property appraiser. The divorce decree alone doesn't transfer title.
Health insurance: if you were covered under your spouse's employer plan, coverage ends at divorce. COBRA continuation coverage gives you 36 months of continued coverage at full cost. [11] A qualifying life event (divorce) also opens a special enrollment period in the ACA marketplace.
Frequently asked questions
How much does it cost to file an uncontested divorce in Florida yourself?
The filing fee is $408 under Florida Statute 28.241. If your spouse files an Answer rather than a waiver, add $301 on their side. Sheriff service costs about $40 if needed. Total out-of-pocket for a truly uncontested DIY case usually lands between $408 and $450. Fee waivers are available for qualifying low-income filers through the clerk's indigency application.
Do both spouses have to appear at the final hearing in Florida?
In most Florida counties, only the petitioner (the filing spouse) needs to appear. Some judges want both parties present, especially in cases with children. Check with the judicial assistant when you schedule the hearing. If your spouse lives out of state, ask the clerk's office whether a phone or video appearance is permitted in your circuit.
Is there a waiting period for an uncontested divorce in Florida?
No mandatory waiting period exists in Florida for uncontested divorces. The 20-day period in Florida rules is the time a respondent has to file an Answer before a default can be sought. In an agreed case, the divorce can be finalized as soon as the court has a hearing slot, all paperwork is correct, and any parenting class certificates are filed.
What is the difference between a simplified dissolution and a regular uncontested divorce in Florida?
A simplified dissolution under Florida Statute 61.19 requires no minor children, no pregnancy, no alimony claims, agreement on all property, and both spouses attending the final hearing together. It uses a shorter form set and is slightly faster. The regular uncontested path handles cases with children or alimony. Most people with kids or significant assets use the regular uncontested route.
Can I get an uncontested divorce in Florida if we have children?
Yes. Having children doesn't prevent an uncontested divorce; it just adds required documents. You need a completed Parenting Plan on the official Florida form, a Child Support Guidelines Worksheet, and parenting class certificates from both parents. As long as you and your spouse agree on all time-sharing, support, and decision-making terms, the divorce stays uncontested.
How do I prove six months of Florida residency to file for divorce?
Florida accepts a valid Florida driver's license or state ID, Florida voter registration, or an affidavit from a Florida resident with personal knowledge of your residency as proof of the six-month requirement. You declare the residency in the Petition itself under penalty of perjury. Judges rarely require extra proof in uncontested cases unless something looks unusual.
Do I have to go to court at all for an uncontested divorce in Florida?
Almost always, yes. A brief final hearing before a judge is standard. Some Florida circuits have begun allowing certain uncontested cases to proceed on submitted paperwork alone without a hearing, but this is not universal. Check your specific circuit court's procedures. Cases with minor children almost always require at least one in-person or video appearance.
What forms do I need for an uncontested Florida divorce with no children?
The core set is: Petition for Dissolution (12.901(b)(1)), Marital Settlement Agreement (12.902(f)(1)), Financial Affidavit for each spouse (12.902(b) or (c) depending on income), Notice of Social Security Number (12.902(j)), Waiver of Service if your spouse agrees (12.900(a)), and the proposed Final Judgment (12.990(c)(1)). All are free at flcourts.gov.
What if my spouse won't sign the divorce papers in Florida?
If your spouse refuses to cooperate, the case is no longer truly uncontested. You can still proceed by serving them formally through a process server or sheriff, waiting 20 days, and then seeking a default if they don't respond. A default divorce still requires a final hearing. If your spouse actively contests any issue, you'll likely need a family law attorney.
How do I change my name as part of a Florida divorce?
Request the name change in the Petition for Dissolution and confirm it appears in the Final Judgment before the judge signs. The Final Judgment then acts as your legal name change document. Take a certified copy to the Social Security Administration first, then the Florida DMV. Your new Social Security card is required to get a new driver's license.
Can we use the same attorney for an uncontested divorce in Florida?
No. An attorney can only represent one party. If one spouse hires an attorney, that attorney represents only that spouse, and the other is unrepresented. Both spouses can each hire separate attorneys, or both can go without attorneys in a truly uncontested case. A third option is a mediator, who helps you reach agreement but doesn't represent either party.
Where do I file divorce papers in Florida?
File at the circuit court clerk's office in the Florida county where you or your spouse currently lives. Florida has 20 judicial circuits serving all 67 counties. Find your circuit at flcourts.gov. Most clerks accept in-person filing; some accept e-filing through the Florida Courts E-Filing Portal for family law cases.
How is property divided in an uncontested Florida divorce?
In an uncontested case, you and your spouse divide property however you both agree, and you write it into the Marital Settlement Agreement. Florida law calls for equitable distribution of marital property if a court decides, but when you both agree, the judge generally approves your negotiated split as long as both parties understood what they were signing.
Sources
- Florida Legislature, Florida Statutes Section 61.052 (Dissolution of Marriage): Florida's only divorce ground is that the marriage is irretrievably broken; one spouse must have lived in Florida six months before filing
- Florida Legislature, Florida Statutes Section 61.19 (Simplified Dissolution of Marriage): Simplified dissolution requires no minor children, no pregnancy, no alimony, full property agreement, and both spouses at final hearing
- Florida Courts, Family Law Self-Help Resources and Forms: Florida Supreme Court publishes official approved family law forms; all are available free from the Florida Courts website
- Florida Legislature, Florida Statutes Section 61.29 and Section 61.13 (Parenting Plans and Parenting Course): A Parenting Plan is required in every Florida dissolution with minor children; both parents must complete a court-approved parenting course before final hearing
- Florida Legislature, Florida Statutes Section 28.241 (Filing Fees for Trial and Appellate Courts): Clerk filing fee for petition for dissolution of marriage is $408 statewide; indigency fee waiver available through clerk's office
- Florida Legislature, Florida Statutes Section 61.075 (Equitable Distribution of Marital Assets and Liabilities): Florida is an equitable distribution state; marital property is divided fairly, generally starting from equal, with adjustments for relevant factors
- Florida Legislature, Florida Statutes Section 61.30 (Child Support Guidelines): Florida uses the Income Shares Model to calculate child support based on both parents' net incomes and a statutory guidelines table
- The Florida Bar, Lawyer Referral Service: The Florida Bar's Lawyer Referral Service connects individuals with attorneys offering limited-scope or unbundled family law representation
- Social Security Administration, How to Change Your Name: SSA requires Social Security name change before the Florida DMV will issue a new driver's license; SSA charges no fee for name change
- Florida Legislature, Florida Statutes Section 732.703 (Effect of Dissolution of Marriage on Nonprobate Transfer): Florida law automatically revokes beneficiary designations naming a former spouse on life insurance and retirement accounts upon dissolution of marriage
- U.S. Department of Labor, COBRA Continuation Coverage: COBRA provides up to 36 months of continued health coverage after divorce; divorce is a qualifying event triggering continuation rights
- Florida Courts, E-Filing Portal for Family Law: Florida Courts E-Filing Portal accepts electronic filing for family law cases in most circuits