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Uncontested Divorce in Florida

Requirements for an Uncontested Divorce in Florida

To file for an uncontested divorce (officially called “Simplified Dissolution of Marriage” or standard uncontested dissolution) in Florida, you must meet these basic requirements:
 

  1. Residency: 
    At least one spouse must have lived in Florida for at least 6 months before filing.
     

  2. No-Fault Grounds
    Florida is a no-fault divorce state. You only need to state that the marriage is “irretrievably broken.” No need to prove fault or wrongdoing.
     

  3. Full Agreement:

    -Both spouses must agree on all major issues, including:
    Division of property and debts
    Spousal support ((if any)
    Parenting plan and time-sharing (if there are children)
    Child support (calculated based on state guidelines)

Steps to File for an Uncontested Divorce:

  1. Fill Out and File the Forms:
    -File with the Clerk of Court in the county where either spouse resides.
    -You can do this online in many counties via the Florida Courts E-Filing Portal.

     

  2. Pay the Filing Fee:
    -Usually around $400–$450
    -You may request a fee waiver using Form 12.902(a) – Application for Civil Indigent Status

     

  3. Serve Your Spouse (unless filing jointly):
    -You must serve the other party via certified mail or sheriff’s service.
    -If they agree, they can sign an Answer and Waiver of Service.

     

  4. Exchange Financial Disclosures:
    -Florida law requires both parties to file financial affidavits.
    -These are usually waived in simplified dissolutions.

     

  5. Court Appearance:
    -In simplified cases, both spouses must attend a brief final hearing.
    -In standard uncontested cases, usually only the petitioner attends.

     

  6. Final Judgment:
    -The judge will sign the Final Judgment of Dissolution of Marriage, and you’ll be legally divorced.

Cost Considerations

  • Court Filing Fee: $400–$450
     

  • Attorney Flat Fees: $500–$1,200 for uncontested cases
     

  • Online Form Prep Services: ~$150–$350
     

  • Fee Waiver Available: Use Form 12.902(a) to apply

Important Considerations

  • With Children:
    You must complete a Parenting Course before finalizing the divorce.
    A Parenting Plan and Child Support Worksheet must be submitted and approved by the court.
     

  • Mediation Not Required in uncontested divorces, but available if issues arise.
     

  • Legal Help: You can file without a lawyer, but having one review your agreement is wise—especially if property, debt, or kids are involved.

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