The short answer
Yes. Florida lets parents get an uncontested divorce if they agree on everything, including a parenting plan and child support. You cannot use the faster Simplified Dissolution of Marriage, which is only for couples with no minor or dependent children. You file a regular petition with the children's paperwork instead.
Can I get an uncontested divorce in Florida if I have children?
This is a common question, and the answer is good news for most parents.
Yes. Florida lets parents divorce without a fight if they agree on every issue, including a parenting plan and child support. You cannot use the Simplified Dissolution of Marriage, Florida's short-form divorce, because it is only for couples with no minor or dependent children. Instead, you file a regular petition and add the papers the children require.
Source: The simplified petition is Florida Supreme Court Approved Family Law Form 12.901(a). It requires that you have "no minor or dependent child(ren) together," that the wife has no minor children born during the marriage, and that she is not pregnant. This is current as of October 2026.
What do parents need for an uncontested divorce in Florida?
You need a full agreement and a few extra papers that couples without children don't file. An uncontested divorce is one where you and your spouse agree on every issue. That way the judge only reviews and approves your deal.
- Residency: At least one spouse must have lived in Florida for 6 months before filing (§ 61.021, Florida Statutes).
- Parenting plan: A written schedule of time-sharing (when the children are with each parent) and decision-making. The court must approve it based on the child's best interests (§ 61.13, Florida Statutes).
- Child support: Support is figured with Florida's guidelines, and you must file a child support guidelines worksheet. Under Florida Family Law Rule of Procedure 12.285, parents cannot waive this worksheet.
- Financial affidavits: Each parent completes a sworn statement of income, expenses, assets and debts.
- Parenting course: Both parents must finish the Parent Education and Family Stabilization Course before the final judgment. A judge can excuse it only for good cause (§ 61.21, Florida Statutes).
- Waiting period: A judge cannot enter the final judgment until at least 20 days after filing, unless waiting would cause injustice (§ 61.19, Florida Statutes).
- Filing fee: $408 in Hillsborough County, as of October 2026. Fees vary a little by county, so check with your clerk.
Tip: Write down the time-sharing schedule for holidays and school breaks. Vague plans are the most common reason agreed cases stall.
For the bigger picture of how Florida divorce works, see our Divorce and Separation guide.
| Path | Who can use it | Children's paperwork |
|---|---|---|
| Simplified Dissolution of Marriage | Couples with no minor or dependent children who don't ask for alimony and agree on property | None |
| Uncontested divorce with children | Parents who agree on the parenting plan, child support, property and debts | Parenting plan, support worksheet, financial affidavits, parenting course |
| Contested divorce | Spouses who disagree on any issue | Same as uncontested, plus discovery, mediation and possibly a trial |
Frequently asked questions
What is an uncontested divorce?
An uncontested divorce is one where both spouses agree on every issue. That includes property, debts, alimony and, for parents, the parenting plan and child support. The judge reviews the written agreement and, if it is fair and meets Florida law, approves it. There is no trial, so it usually costs less and moves faster.
How is an uncontested divorce different from a contested divorce?
The difference is agreement. In an uncontested divorce, spouses settle everything and ask the judge to approve it. In a contested divorce, at least one issue is in dispute. That means exchanging evidence, mediation and possibly a trial where the judge decides. Contested cases usually take months longer and cost much more in lawyer fees.
Can an uncontested divorce become contested?
Yes. If either spouse changes their mind on any issue before the final judgment, the case becomes contested. That can happen with time-sharing, support or property. The case then moves through the normal court process, which may include mediation. A judge can also refuse a parenting plan that does not serve the child's best interests, even if both parents signed it.
What is a Simplified Dissolution of Marriage?
A Simplified Dissolution of Marriage is Florida's shortest divorce process, filed on Form 12.901(a). Both spouses must agree the marriage cannot be saved and have no minor or dependent children. The wife cannot be pregnant. Neither spouse can seek alimony, and both must agree on dividing property and debts. Both spouses also give up the right to trial and appeal and attend the final hearing together.
Can we waive the financial disclosure requirement?
Partly. Under Florida Family Law Rule 12.285, spouses can agree to skip many disclosure documents. Parents cannot waive the child support guidelines worksheet. You must also exchange sworn financial affidavits. If you both file a joint verified waiver, you may skip filing those affidavits with the court. The disclosure rule does not apply to simplified dissolutions.
Sources
- Petition for Simplified Dissolution of Marriage, Form 12.901(a), Fifth Judicial Circuit of Florida
- § 61.19, Florida Statutes: Entry of judgment of dissolution of marriage; delay period, The Florida Senate
- § 61.21, Florida Statutes: Parenting course authorized, The Florida Senate
- § 61.13, Florida Statutes: Support of children; parenting and time-sharing, The Florida Senate
- § 28.241, Florida Statutes: Filing fees for trial and appellate proceedings, The Florida Senate
- Rule 12.285. Mandatory Disclosure, Florida Family Law Rules of Procedure, FloridaRules.net
- Fees and Fines, Hillsborough County Clerk of Court & Comptroller