The short answer
Yes. An uncontested divorce becomes contested as soon as one spouse stops agreeing on any issue, such as property, debts, alimony, children, or whether the marriage is over, and a Florida judge then decides what the spouses cannot settle.
Can an uncontested divorce become contested?
Yes. An uncontested divorce stays uncontested only while you both agree on everything. In Florida, if your spouse changes their mind about property, debts, support or the children, or files an answer denying the marriage is broken, your case becomes contested. That means a judge decides the issues you cannot settle.
This happens often, and your case can still move forward. Many couples who start out disagreeing settle again before trial.
Source: Rule 12.105, Florida Family Law Rules of Procedure, and § 61.052, Florida Statutes (2026), as of October 2026.
What turns an uncontested divorce into a contested one?
Any disagreement that is still open when the judge has to sign the final judgment turns the case contested. The final judgment is the court order that ends your marriage. These are the most common triggers:
- Your spouse denies the marriage is over: Under § 61.052, Florida Statutes, the judge may then order counseling or pause the case for up to 3 months so you can try to reconcile.
- A fight over property or debts: Simplified dissolution requires you to swear you have already split your property and agreed on joint debts. Without that agreement, you do not qualify.
- Children or a pregnancy: Simplified dissolution is not allowed if you have minor or dependent children together or the wife is pregnant, under Rule 12.105.
- A spouse withdraws a disclosure waiver: Under Rule 12.285, either spouse can revoke a waiver of financial affidavits at any time. A financial affidavit is a sworn form listing your income, expenses, assets and debts.
- A spouse skips the hearing: In a simplified dissolution, both spouses must appear before the judge. If one will not come, the simple path stalls.
Tip: Even an agreed divorce has a waiting period. Under § 61.19, Florida Statutes, a judge cannot enter the final judgment until at least 20 days after the petition is filed, unless waiting would cause injustice.
| Path | Who can use it | If one spouse stops agreeing |
|---|---|---|
| Simplified dissolution (Rule 12.105) | Spouses with no minor or dependent children, no pregnancy, and property and debts already divided | The case no longer qualifies; it must go forward as a regular divorce |
| Regular uncontested divorce | Spouses who sign a full settlement, including a parenting plan if there are children | Open issues go to mediation or a hearing, and the case is now contested |
| Contested divorce | Spouses who disagree on one or more issues | The judge decides after discovery, mediation and, if needed, a trial |
What should you do if your spouse stops agreeing?
Stay calm and protect your paperwork first. A lot of contested cases settle again once the sticking point is clear.
- Ask your spouse which issue changed, and write it down.
- Keep copies of every agreement, financial affidavit and court filing.
- Check court deadlines, because a contested case adds answer and disclosure deadlines.
- Consider mediation, a meeting with a neutral person who helps you settle.
- Talk to a family law attorney before you sign anything new.
Warning: Do not sign a revised settlement just to keep the case "easy." Once the judge signs a final judgment based on it, changing the property split later is very hard.
To learn more about how Florida divorces work, visit the Divorce and Separation guide.
Frequently asked questions
Can I get an uncontested divorce in Florida if I have children?
Yes, but not through simplified dissolution. Rule 12.105 bars that path if you have minor or dependent children together or the wife is pregnant. You can still file a regular uncontested divorce with a signed settlement agreement, a parenting plan and a child support guidelines worksheet. The judge must approve the plan before the divorce is final.
What is an uncontested divorce?
An uncontested divorce is one where both spouses agree on every issue. That includes ending the marriage, splitting property and debts, and any alimony, child support or parenting plan. Because nothing is left to fight over, the judge mainly reviews the paperwork and signs the final judgment, often after a short hearing.
How is an uncontested divorce different from a contested divorce?
The difference is agreement. In an uncontested divorce, you settle everything yourselves and the judge approves it. In a contested divorce, at least one issue is disputed. The judge then decides it after evidence is exchanged, mediation and sometimes a trial. Contested cases usually take longer and cost more in fees.
What is a Simplified Dissolution of Marriage?
A Simplified Dissolution of Marriage is Florida's shortest divorce process under Rule 12.105. It is for spouses with no minor or dependent children together who have divided their property and debts. One spouse must have lived in Florida 6 months before filing. Both spouses sign Form 12.901(a) and appear before the judge.
Can we waive the financial disclosure requirement?
Sometimes. Under Rule 12.285, spouses in a simplified dissolution with no children, no support issues and a written settlement do not file financial affidavits. Other couples can file a joint verified waiver, but only after giving each other sworn affidavits. Child support guidelines worksheets cannot be waived, and either spouse can revoke the waiver at any time.
Sources
- Section 61.052, Florida Statutes (2026): Dissolution of marriage, The Florida Legislature
- Section 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage, delay period, The Florida Legislature
- Section 61.021, Florida Statutes (2026): Residence requirements, The Florida Legislature
- Florida Family Law Rule 12.105: Simplified Dissolution Procedure, CourtRules.net
- Florida Family Law Rule 12.285: Mandatory Disclosure, FloridaRules.net