Uncontested Divorce in Florida

What Is an Uncontested Divorce in Florida?

An uncontested divorce is a dissolution of marriage in which both spouses have resolved every major issue — property division, debt allocation, alimony, parental responsibility, time-sharing, and child support — before the petition is filed with the court. Because no disputes remain for a judge to decide, your case moves through the system more efficiently than a contested divorce legal process.

Under Florida Statute § 61.052[1], Florida is a no-fault divorce state. A marriage may be dissolved on the single ground that it is “irretrievably broken.” Neither spouse is required to allege or prove fault, misconduct, or wrongdoing by the other party. This no-fault framework makes the uncontested process available to any couple that has reached a complete written agreement, regardless of the reasons for dissolution.

If you are not yet ready for a full dissolution, it’s important to know that Florida does not recognize legal separation as a formal legal status. There are no Florida statutes creating a legal separation proceeding, and courts cannot enter a court-approved separation order. Couples who wish to remain married but require enforceable legal structure have three available mechanisms: a postnuptial agreement governing the division of assets and debts; a petition for support under Florida Statute § 61.09[2], which allows a dependent spouse to seek alimony and child support without filing for dissolution; and a court-approved parenting plan under Florida Statute § 61.10[3] for couples living apart who need formal custody and time-sharing arrangements. These alternatives to legal separation each operate under different statutory frameworks and carry different enforceability implications.

Uncontested Divorce vs. Simplified Dissolution of Marriage

Florida law provides two distinct procedural options for couples who have reached full agreement. Understanding which applies to your situation determines the required forms and the expected timeline.

Simplified Dissolution of Marriage

The simplified dissolution is the most streamlined option Florida offers. To qualify, you and your spouse must have no minor or dependent children together and no ongoing pregnancy; must agree that neither party is seeking alimony; must be willing to waive the right to trial and appeal; and must have already divided or agreed on all marital assets and debts. Cases meeting all criteria are filed using Florida Supreme Court Approved Form 12.901(b)(1)[4].

Two procedural features distinguish this track. First, both spouses are required to appear together in person at the final hearing before a judge — unlike the regular uncontested track, where administrative review without a court appearance is available in many counties. Second, parties on the simplified track may mutually waive the financial affidavit requirement entirely by filing Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits — a significant procedural benefit not available on the regular uncontested track. Cases meeting all criteria can typically be finalized in fewer than 30 days.

Regular Uncontested Divorce

This is the applicable path if you have minor children, complex assets, or a situation involving alimony. You and your spouse still agree on all issues, but the process requires additional documentation — including a court-approved Parenting Plan, financial affidavits, and in some cases a Qualified Domestic Relations Order for retirement accounts. The regular uncontested track applies to the majority of couples seeking dissolution in Florida.

Eligibility Requirements

• Residency — Florida Statute § 61.021[5]. At least one spouse must have been a Florida resident for a minimum of six months immediately prior to filing. The petition must be filed in the county where that spouse currently resides. You can establish residency with a valid Florida driver’s license, state-issued ID, or voter registration card reflecting at least six months of Florida residency.
• Complete Written Agreement. You and your spouse must have resolved every major issue in writing before the petition is filed. If any single issue remains in dispute at the time of filing, the case is classified as contested and proceeds under a different procedural track — and the speed and cost advantages of the uncontested process are lost. Kalish & Jaggars’ South Florida family law attorneys routinely help couples identify and resolve potential conflict points before that threshold is crossed.
• Parenting Course — Florida Statute § 61.21[6]. If you have minor children, both parents must complete a state-approved parenting education course before the court can enter a final judgment. This requirement may be waived only in extraordinary circumstances at the court’s discretion.

Required Documentation and Financial Disclosures

Florida courts require specific forms and financial disclosures in all dissolution of marriage cases. The core documents for a regular uncontested divorce are as follows.

• Petition for Dissolution of Marriage. The petitioner files Florida Supreme Court Approved Form 12.901(a) when minor children are involved, or Form 12.901(b)(2) when there are no minor children and the case does not qualify for simplified dissolution. This document initiates the case with the Circuit Court.
• Marital Settlement Agreement (MSA). The MSA is the binding written agreement between you and your spouse addressing every major issue. Florida Supreme Court Approved Form 12.902(f)(1) applies to cases with minor children; Form 12.902(f)(3) applies to cases without. Your MSA must satisfy all applicable statutory requirements to receive court approval.
• Financial Affidavits — Florida Family Law Rule of Procedure 12.285[7]. Both parties must file a financial affidavit disclosing all income, assets, liabilities, and monthly expenses. The form required depends on gross annual income: parties earning under $50,000 per year use the Short Form (Form 12.902(b)); parties earning $50,000 or more use the Long Form (Form 12.902(c)). Filing the wrong form is a common cause of court-imposed delays.
• Parenting Plan — Florida Statute § 61.13[8]. In cases involving minor children, a court-approved Parenting Plan (Form 12.995(a)) is required. Your plan must address the regular time-sharing schedule, holiday and vacation arrangements, each parent’s decision-making authority over education and healthcare, transportation logistics, and communication protocols between the child and each parent. Courts frequently return plans that lack specificity in any of these areas.
• Waiver of Service. In a cooperative uncontested case, the responding spouse typically signs a Waiver of Service of Process (Form 12.900(a)), eliminating the need for formal service through a process server.

How to File for an Uncontested Divorce in Florida

Step 1 — Reach a Complete Written Agreement

Before any paperwork is filed, you and your spouse must resolve every major issue: division of marital property and debts under Florida Statute § 61.075[9]; whether either of you will receive alimony under Florida Statute § 61.08[10]; the parenting plan and time-sharing schedule for any minor children under Florida Statute § 61.13; and child support calculated under Florida Statute § 61.30[11]. 

Step 2 — Complete the Required Forms

You (or your attorney) prepare all required forms, including the Petition, MSA, financial affidavits, and — where applicable — the Parenting Plan. Errors or omissions in these documents are among the most common reasons Florida courts reject or delay uncontested filings. Cases involving retirement accounts require separate preparation of a Qualified Domestic Relations Order (see QDRO section below).

Step 3 — File with the Circuit Court Clerk

You file the completed documents with the Circuit Court clerk in the county where the Florida-resident spouse resides. The base filing fee is approximately $409, though the exact amount may vary by jurisdiction. Under Florida Statute § 61.19[12], a mandatory 20-day waiting period must pass after filing before a final judgment can be entered, regardless of how quickly both of you are prepared to finalize. Kalish & Jaggars maintains South Florida office locations across Palm Beach, Broward, and Miami-Dade counties.

Step 4 — Serve the Respondent

In a true uncontested case, the responding spouse signs a Waiver of Service of Process (Form 12.900(a)), avoiding the need for a process server. If you cannot locate your spouse after a diligent search, you may pursue constructive service (service by publication) under Florida Family Law Rules of Procedure Form 12.913(a). However, when constructive service is used, the court’s jurisdiction is limited: the court can grant the dissolution itself but cannot order child support or alimony, as it lacks personal jurisdiction over the absent spouse. If you have minor children or support claims and cannot locate your spouse, consult an attorney before proceeding — this limitation has significant consequences.

Step 5 — Final Hearing or Administrative Review

Many Florida counties permit uncontested divorces to be finalized through administrative review — the judge reviews your submitted documents and, if they are complete and legally compliant, enters the final judgment without requiring either of you to appear in court. In counties or cases that do require a brief hearing, one or both parties confirm to the judge that the agreement was entered voluntarily and with full understanding.

Note: A judge may decline to approve your MSA at the final hearing if it contains terms that are legally insufficient, facially inequitable, or non-compliant with current Florida statutes — particularly the 2023 alimony reforms under § 61.08 and the parenting plan requirements under § 61.13. Cases with deficient documentation must be corrected before a final judgment can be entered.

Step 6 — Receive the Final Judgment of Dissolution

Once the judge signs the Final Judgment of Dissolution of Marriage, your divorce is legally complete. Both parties receive certified copies for their records. Keep your copies — you’ll need them for updating financial accounts, retirement beneficiary designations, property titles, and estate planning documents.

Issues That Must Be Resolved Before Filing

To qualify as uncontested, you and your spouse must have reached a complete written agreement on each of the following.

Division of Marital Property and Debts — Florida Statute § 61.075

Florida follows the principle of equitable distribution. Courts begin with a presumption that marital assets and marital debts should be divided equally, but may depart from that baseline based on each spouse’s economic circumstances, contributions to the marital estate, the length of the marriage, and any interruption of career or educational opportunity caused by the marriage. Your MSA must specifically address how the marital home, bank accounts, investment accounts, vehicles, and marital debts will be allocated. 

Qualified Domestic Relations Orders (QDROs)

Retirement accounts — including 401(k) plans, 403(b) plans, and defined-benefit pension plans — cannot be divided through the MSA alone. A separate court order called a Qualified Domestic Relations Order directs the plan administrator to divide the account according to the terms of your agreement. QDROs must be drafted to comply with both Florida law and the specific terms of the retirement plan involved. Omitting this step is among the most consequential errors in DIY uncontested divorce filings; the receiving spouse may lose their entitlement to the agreed share of the retirement account entirely if a QDRO is not obtained.

Alimony — Florida Statute § 61.08 (Amended 2023)

Effective July 1, 2023, Florida abolished permanent alimony under Senate Bill 1416[13], which amended Florida Statute § 61.08. Florida currently recognizes four types of alimony: temporary, bridge-the-gap, rehabilitative, and durational. Rehabilitative alimony is capped at five years. Durational alimony is limited to 50% of the length of a short-term marriage (under 10 years), 60% for a moderate-term marriage (10–20 years), and 75% for a long-term marriage (over 20 years). The alimony amount may not exceed 35% of the difference between the parties’ net incomes. Any alimony provision in your MSA must comply with these caps and durational limits to receive court approval. 

Parenting Plan and Time-Sharing — Florida Statute § 61.13

Florida law uses the terms “parental responsibility” and “time-sharing” rather than traditional custody designations. A court-approved Parenting Plan is required in all cases involving minor children. Under § 61.13(3), the plan must specifically address: the daily time-sharing schedule; holiday, school break, and vacation arrangements; each parent’s authority over decisions regarding education, healthcare, and extracurricular activities; pickup and drop-off logistics; and communication protocols between the child and each parent. Florida courts begin with a presumption that equal time-sharing is in the child’s best interest. Vague language — such as “reasonable visitation” — is legally insufficient under § 61.13 and will result in your plan being returned.

Child Support — Florida Statute § 61.30

Child support is calculated under mandatory income-based guidelines using both parents’ net incomes and the number of overnight stays each parent has with the child. Courts may deviate from the guideline amount only with written findings explaining why the standard figure would be unjust or inappropriate in the specific case. Any agreed child support amount in your MSA must either comply with the § 61.30 guidelines or include a written justification for deviation to receive court approval.

Legal Considerations for Self-Represented Parties

Florida law does not require either of you to retain an attorney in an uncontested divorce. However, several legal requirements present meaningful risk if you file on your own.

Incorrect or incomplete forms are among the most common reasons Florida Circuit Courts reject or delay uncontested filings. The financial affidavit threshold (Rule 12.285, short vs. long form) and the parenting plan specificity requirements under § 61.13 are frequent sources of error.

Florida’s 2023 alimony reform introduced new caps and durational limits. A settlement agreement that does not reflect current § 61.08 law may be rejected at the final hearing or create enforcement problems after judgment.

Retirement account division requires a Qualified Domestic Relations Order. This document is separate from your MSA and must be court-approved. Self-represented parties frequently overlook this requirement entirely.

Once the final judgment is entered, property division is generally non-modifiable absent fraud or mutual mistake. Errors in your MSA that go undetected before judgment become expensive to remedy afterward.

Before you file on your own, book a free strategy meeting with Kalish & Jaggars. Unlike a typical consultation that ends in a price quote, our strategy meeting is a structured conversation: you talk, we listen, we explain the law in plain English, and you leave with real answers about your situation — not a sales pitch