Divorce and Separation

How Long Does an Uncontested Divorce Take in Florida?

An uncontested divorce in Florida takes at least 20 days. Under § 61.19, Florida Statutes, a judge can't sign the final judgment sooner unless waiting would cause injustice. After that, the timing depends on how fast your paperwork is complete and when your county court can schedule the final hearing.

A desk calendar beside a stack of court forms and two pens on a sunlit kitchen table.

The short answer

An uncontested divorce in Florida takes at least 20 days from the day the petition is filed, because § 61.19, Florida Statutes, bars a final judgment before then. Most of the remaining time depends on finishing the paperwork, the parenting course if you have children, and your court's hearing calendar.

How long does an uncontested divorce take in Florida?

If you and your spouse agree on everything, the court process is fairly short and predictable. 20 days is the legal minimum. Florida law says a judge can't enter a final judgment of dissolution of marriage, the court order that ends the marriage, until at least 20 days after the petition is filed. After that, the timing depends on your paperwork and when your county's court can hold the final hearing.

The rule comes from § 61.19, Florida Statutes (2026 text, checked October 2026):

"No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date."

Before you can file at all, one spouse must have lived in Florida for 6 months, under § 61.021, Florida Statutes.

Uncontested divorce paths in Florida and what sets the timeline (as of October 2026)
PathWho can use itEarliest final judgmentWhat adds time
Simplified Dissolution of MarriageSpouses with no minor or dependent children who agree on property and debts20 days after filingWaiting for a hearing date, which both spouses must attend
Regular uncontested divorceSpouses who agree on all issues, with or without children20 days after filingServing your spouse, the 20-day answer period, the 4-hour parenting course and the hearing calendar

What can make an uncontested divorce take longer?

The 20-day minimum is rarely the slowest part. These steps usually set the real pace:

  • Service: In a regular case, your spouse must be formally served with the petition, unless they sign and file an answer themselves. A served spouse has 20 days to file an answer, their written response.
  • Parenting course: If you have minor children, § 61.21, Florida Statutes, requires each parent to finish a course of at least 4 hours. The petitioner, the spouse who files, has 45 days after filing to finish it. The other spouse has 45 days after being served.
  • Settlement agreement: If you have children or property, you must file a signed marital settlement agreement, a written deal on every issue, before the judge can sign the final judgment.
  • Hearing date: The clerk or the court sets the final hearing. Busy counties may schedule further out.
  • Missing paperwork: Missing financial affidavits or unsigned forms can push the hearing back.

Tip: Finish the parenting course and file your financial affidavits early. Then the court's calendar is the only thing you are waiting on.

If you are filing on your own, the guide to getting a divorce in Florida without a lawyer walks through each form. To compare court fees, see the filing fee for divorce in Florida.

Frequently asked questions

How long will an uncontested divorce with children take in Florida?

At least 20 days, and often longer. With children, you can't use the simplified process. Each parent must finish a 4-hour parenting course under § 61.21, Florida Statutes, and file proof of it. You also need a signed marital settlement agreement and a parenting plan before the judge can sign the final judgment.

Can I get an uncontested divorce in Florida if I have children?

Yes. You can't use the Simplified Dissolution of Marriage, but you can file a regular petition and settle every issue. You'll file a marital settlement agreement and a parenting plan, complete the required parenting course, and attend a final hearing. Then the judge signs the final judgment.

What is a Simplified Dissolution of Marriage?

A Simplified Dissolution of Marriage is a shorter Florida divorce process for spouses who file together. You must have no minor or dependent children, agree on how to divide your property and debts, and meet the 6-month residency rule. Both spouses sign the petition and must attend the final hearing together.

How long does a divorce without a lawyer take in Florida?

At least 20 days, the same minimum as with a lawyer. The 20-day wait in § 61.19, Florida Statutes, applies to every divorce. Without a lawyer, delays usually come from incomplete forms or missing financial affidavits. Your county clerk's self-help center can check your packet before you file.

Can I avoid going to court for a simplified or other uncontested divorce in Florida?

Sometimes. A Simplified Dissolution of Marriage requires both spouses to attend the final hearing. In some regular uncontested cases, Florida circuit courts, such as the Eleventh Judicial Circuit in Miami-Dade County, let both spouses sign an affidavit to waive the final hearing. Ask your local court's self-help program whether your case qualifies.

Sources

  1. Section 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage, delay period, The Florida Legislature
  2. Section 61.021, Florida Statutes (2026): Residence requirements, The Florida Legislature
  3. Section 61.21, Florida Statutes (2026): Parenting course, The Florida Legislature
  4. Instructions for Florida Family Law Rules of Procedure Form 12.901(a), Petition for Simplified Dissolution of Marriage, Florida Courts
  5. Florida Supreme Court Approved Family Law Form 12.901(b)(1) Instructions, Florida Courts
  6. Divorce – Resource Center, Eleventh Judicial Circuit of Florida