The short answer
An uncontested divorce is a divorce in which both spouses agree to end the marriage and agree on every issue, including property, debts, alimony and any children, so the judge only reviews and approves their agreement. In Florida, one spouse must have lived in the state for 6 months, and the judge can't finalize the divorce until at least 20 days after filing.
What is an uncontested divorce?
Two things make a divorce uncontested. Both spouses want the divorce, and both agree on every issue: property, debts, alimony (spousal support) and any children. The judge doesn't decide a dispute. The judge reviews your written agreement and signs a final judgment, the court order that ends the marriage. Most of the time this is quicker and costs less than a contested case.
The Florida rules for this are short and clear. You may file in Florida if one spouse has lived here for at least 6 months before filing, under § 61.021, Florida Statutes (2026). No judge can enter the final judgment until 20 days after the petition is filed, under § 61.19, Florida Statutes (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."
- Residency: One spouse must have lived in Florida for 6 months before filing (§ 61.021)
- Waiting period: At least 20 days from filing to final judgment (§ 61.19)
- Filing fee: $408 in Collier and Flagler counties and $409 in Miami-Dade County (as of October 2026)
- Key document: A marital settlement agreement, the signed contract that sets out how you split property and debts
| Path | Who can use it | Court filing fee | Earliest final judgment |
|---|---|---|---|
| Simplified dissolution (Rule 12.105) | Spouses with no minor or dependent children, no pregnancy, no alimony request and full agreement on property and debts | $408 (Collier County); $409 (Miami-Dade County) | 20 days after filing; Miami-Dade says its hearing is usually about 30 days after filing |
| Regular uncontested dissolution | Any spouses who agree on everything, including those with children | $408 (Collier County), plus $10 per summons if one is issued | 20 days after filing |
| Contested dissolution | Spouses who disagree on one or more issues | $408 (Collier County), plus $10 per summons | Depends on hearings, mediation and trial |
What does an uncontested divorce in Florida depend on?
Your path depends mostly on whether you have children and whether you both stay in agreement. Florida has two ways to get an agreed divorce, and they have different rules.
- Children: Spouses with no minor or dependent children together (and no pregnancy) may use the simplified procedure in Rule 12.105 of the Florida Family Law Rules of Procedure. Spouses with children need the regular process, with a parenting plan and child support set by the judge.
- Alimony: If either spouse wants alimony, you can't use simplified dissolution.
- Property and debts: You must agree in writing on how you divide what you own and who pays which bills.
- Showing up in person: In a simplified case, the rule says both spouses must appear and testify if the court directs. Miami-Dade County requires both spouses to file together in person with a Florida photo ID.
- Financial disclosure: Rule 12.285 normally requires each spouse to share sworn financial information. Simplified dissolution is excluded from that rule.
Warning: Simplified dissolution is designed for spouses who give up a trial on contested issues. If you aren't sure you know everything your spouse owns or owes, talk to a lawyer before you sign.
The Florida Bar published proposed changes to Rule 12.105 in July 2026. Ask your county clerk which version and forms apply when you file. The clerk can give you the forms, but can't give legal advice.
Frequently asked questions
Can I get an uncontested divorce in Florida if I have children?
Yes. You just can't use the simplified dissolution process, because Rule 12.105 is only for spouses with no minor or dependent children together. You file a regular petition and give the court a signed marital settlement agreement, a parenting plan and child support figures. The judge must still approve the parenting and support terms, even if you both agree.
How is an uncontested divorce different from a contested divorce?
The difference is agreement. In an uncontested divorce, you and your spouse settle every issue yourselves, and the judge approves your agreement. In a contested divorce, you disagree on something, such as property, alimony or children. The judge then decides after you exchange information, go to mediation and attend hearings or a trial. That usually takes longer and costs more.
Can an uncontested divorce become contested?
Yes. Until the judge signs the final judgment, either spouse can change their mind or raise a new disagreement. Then the case can no longer move forward as an agreed divorce. You may need to file a regular petition, exchange financial information and work through mediation or hearings. A signed marital settlement agreement makes this less likely, but the judge still has to approve it.
What is a Simplified Dissolution of Marriage?
A Simplified Dissolution of Marriage is Florida's shortest divorce process under Rule 12.105. Both spouses file a joint petition (Form 12.901(a)) and swear they have no minor or dependent children, the wife isn't pregnant, and they have divided their property and debts. Neither spouse can ask for alimony. The court fee is $408 in Collier County (as of October 2026).
Can we waive the financial disclosure requirement?
Sometimes. Rule 12.285 does not apply to simplified dissolutions, so those cases skip its mandatory disclosure rules. In other cases, you can file a joint verified waiver so the court won't require you to file financial affidavits. But you must still give each other sworn financial affidavits. Either spouse can take back the waiver at any time.
Sources
- Section 61.021, Florida Statutes (2026): Residence requirements, The Florida Legislature
- Section 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage, delay period, The Florida Legislature
- Fla. Fam. L. R. P. 12.105: Simplified Dissolution Procedure, Florida Justice
- Rule 12.285: Mandatory Disclosure, Florida Justice
- Proposed rule amendments to Florida Family Law Rule of Procedure Rule 12.105 (Simplified Dissolution Procedure), The Florida Bar
- Divorce Fees, Collier County Clerk of the Circuit Court and Comptroller
- Simplified Divorces, Miami-Dade County Clerk of the Court and Comptroller
- Dissolution of Marriage, Flagler County Clerk of Court and Comptroller