Uncontested Divorce in Florida: $750 Flat-Fee Guide (2026)

An uncontested divorce in Florida is a no-fault dissolution where both spouses agree on every issue: property, debts, time-sharing, child support, and alimony. Under Florida Statute 61.052, the only ground is that the marriage is "irretrievably broken." Divorce Law PLLC prepares uncontested cases for a $750 flat attorney fee, with the county filing fee (about $408-$410) paid separately.

When spouses agree on the terms of their separation, Florida law offers one of the fastest and most affordable routes out of a marriage in the country. There is no mandatory waiting period after filing, no requirement to prove wrongdoing, and no contested trial. This guide explains exactly how uncontested divorce works under Chapter 61 of the Florida Statutes, the two procedural paths available, the forms you will need, the true costs involved, and how our firm can handle the entire process for a single flat fee.

What Is an Uncontested Divorce in Florida?

An uncontested divorce is a dissolution of marriage in which both spouses agree on all material issues and no court trial is needed to resolve disputes. Florida is a no-fault state under Florida Statute 61.052, meaning the only ground required is that the marriage is "irretrievably broken." You do not need your spouse's permission to divorce, and you do not need to prove adultery, abandonment, or cruelty.

For a divorce to be truly uncontested, the spouses must reach agreement on five core categories:

• Division of marital property and assets (under the equitable distribution rules of F.S. 61.075)
• Allocation of marital debts and liabilities
• Time-sharing and parental responsibility, if there are minor children (F.S. 61.13)
• Child support, if applicable (F.S. 61.30)
• Alimony, including any agreement to waive it (F.S. 61.08)

If the spouses cannot agree on even one of these issues, the case becomes contested and proceeds down a very different, more expensive path. If you are not sure whether your situation qualifies, our guide to contested divorce in Florida explains the alternative process. The defining feature of an amicable divorce in Florida is consensus: when both parties cooperate, the paperwork drives the case forward rather than litigation.

What Are the Requirements for an Uncontested Divorce in Florida?

Before you can file any dissolution in Florida, you must satisfy the same baseline requirements that apply to every divorce in the state. These are not optional, and missing one will cause the clerk to reject your petition.

• Residency: Under Florida Statute 61.021, at least one spouse must have lived in Florida for at least 6 months immediately before filing. You prove residency with a valid Florida driver's license, a Florida voter registration card, or the sworn testimony of a corroborating witness who is a Florida resident.
• Ground for divorce: Under F.S. 61.052, you state that the marriage is irretrievably broken. Florida abolished fault-based grounds, so infidelity or abandonment are legally irrelevant to obtaining the divorce itself.
• No waiting period: Florida imposes no mandatory waiting period after filing, although courts control their own scheduling and a simplified case still requires a final hearing.
• Full agreement: For the case to remain uncontested, both spouses must agree on property, debts, time-sharing, child support, and alimony.

Residency determines where you can file; it is not the same as domicile. Even if you own a vacation home in Florida, you cannot file here without meeting the 6-month requirement. Our detailed Florida divorce residency requirements guide covers the proof rules in depth, including the rules for military members stationed in the state.

What Are the Two Types of Uncontested Divorce in Florida?

Florida offers two distinct procedural routes for an agreed divorce, and choosing the right one matters. The simplified dissolution is faster but carries strict eligibility limits and waives important rights. The regular uncontested dissolution is more flexible and is the right tool when children, alimony, or an absent spouse are involved.

Simplified Dissolution of Marriage

Under Florida Statute 61.052(2), a simplified dissolution (filed on Form 12.901(a)(1)) is the streamlined option, but it is available only when every one of these conditions is met:

• There are no minor or dependent children of the marriage, and the wife is not pregnant
• Neither spouse is seeking alimony
• Both spouses agree on the division of all property and debts
• Both spouses are willing to give up the right to trial and appeal
• Both spouses must personally appear at the final hearing

The trade-off is significant: in a simplified dissolution, both spouses waive their right to financial disclosure from the other party and their right to a trial. That is acceptable when both people fully understand the marital finances, but risky when one spouse handled all the money.

Regular Uncontested Dissolution

The regular uncontested route uses the standard Petition for Dissolution of Marriage (Form 12.901(b)(1) when there are children, or the no-children variant otherwise). This path is necessary when:

• The couple has minor or dependent children
• One spouse is requesting or receiving alimony
• One spouse cannot or will not appear at a final hearing

In a regular uncontested case, the agreement is memorialized in a written Marital Settlement Agreement (and a Parenting Plan if there are children). One spouse can finalize the case without the other appearing, provided the agreement is properly signed and notarized.

Simplified vs. Regular Uncontested Dissolution: Comparison Table

What Is a Marital Settlement Agreement?

The Marital Settlement Agreement (MSA) is the centerpiece of nearly every regular uncontested divorce in Florida. It is a written, signed, and notarized contract in which the spouses set out exactly how they are resolving every issue. Once the judge approves it, the MSA is incorporated into the Final Judgment of Dissolution and becomes a binding court order.

A properly drafted MSA should address:

• Equitable distribution of all marital assets, including real estate, vehicles, bank accounts, and retirement accounts under F.S. 61.075
• Responsibility for each marital debt, such as mortgages, credit cards, and loans
• Alimony: the type and amount, or an express waiver of alimony by both parties under F.S. 61.08
• Time-sharing schedule and parental responsibility, cross-referenced to a Parenting Plan
• Child support calculated under the F.S. 61.30 guidelines
• Each spouse's responsibility for filing fees and other costs

A vague or incomplete MSA is the most common reason an otherwise agreed divorce stalls. Judges in Florida review these agreements for fairness and completeness, and an MSA that omits an asset or contradicts the child support guidelines can be rejected. This is precisely where having an attorney prepare the documents protects you, even in an amicable case.

What Forms Do You Need for an Uncontested Divorce in Florida?

Florida uses standardized family law forms, all available at flcourts.gov. The exact set depends on whether you have children and which procedural path you take. The most common forms in an agreed divorce include:

• Petition for Dissolution of Marriage: Form 12.901(a)(1) for simplified, or 12.901(b)(1) for a regular case with children
• Family Law Financial Affidavit: Form 12.902(b) short form (income under $50,000) or 12.902(c) long form (income $50,000 or more), generally due within 45 days of service
• Marital Settlement Agreement: the negotiated contract resolving all issues
• Parenting Plan: required in any case involving minor children under F.S. 61.13
• Notice of Social Security Number: Form 12.902(j)
• Final Judgment of Dissolution of Marriage: the order the judge signs

Florida requires both parties to complete mandatory disclosure, anchored by the Financial Affidavit (Form 12.902(b) or (c)), within 45 days of service under the family law rules. In a simplified dissolution, the financial affidavit can be waived by mutual agreement. Filing is handled through the Florida Courts E-Filing Portal. Because the forms must be internally consistent and match your settlement terms, errors here frequently trigger clerk rejections and hearing delays.

How Much Does an Uncontested Divorce Cost in Florida?

An uncontested divorce in Florida typically costs between roughly $400 and $1,500 in total when you account for both attorney fees and court costs. Divorce Law PLLC prepares uncontested cases for a $750 flat attorney fee, and the county filing fee of approximately $408 to $410 is paid separately to the clerk.

Here is how the costs typically break down:

Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. If you genuinely cannot afford the filing fee, Florida allows you to file a Motion to Defer Filing Fees (Form 12.902(a)). For a deeper look at total costs across case types, see our complete guide to how much a divorce costs in Florida and our breakdown of the cheapest way to get a divorce in Florida. The bottom line is that an agreed divorce is dramatically less expensive than a contested case, which can run $10,000 or more per spouse when it reaches litigation.

Uncontested vs. Contested Divorce: Cost and Timeline

The difference between an uncontested and a contested divorce is enormous in both money and time. An agreed case is driven by paperwork; a contested case is driven by litigation, discovery, and court hearings.

While we describe typical ranges, the court ultimately controls scheduling, so no specific timeline can be guaranteed. Our guide on how long a divorce takes in Florida explains the factors that speed up or slow down a case.

How Does the Uncontested Divorce Process Work in Florida?

The uncontested process is straightforward when both spouses cooperate. While the exact sequence depends on whether you choose the simplified or regular path, the general flow looks like this:

For a step-by-step walkthrough of the broader procedure, including the contested variations, our Florida divorce process guide and our practical how to file for divorce in Florida article both expand on each stage. Because Florida has no waiting period, a clean uncontested case can move quickly once the documents are correct and the court calendar allows.

What About Alimony and Time-Sharing in an Uncontested Case?

Even in an agreed divorce, the substantive rules of Florida family law still shape your settlement. Spouses are free to negotiate their own terms, but a judge will not approve an agreement that ignores the statutory framework, especially where children are involved.

On alimony, the 2023 reform under Senate Bill 1416 eliminated permanent alimony in Florida. Under F.S. 61.08, the remaining forms are bridge-the-gap (maximum 2 years), rehabilitative (maximum 5 years with a specific plan), and durational (capped by the length of the marriage). In an uncontested case, many couples simply agree to waive alimony entirely in their MSA, which is permitted. For the full breakdown, see our Florida alimony guide after SB 1416.

On time-sharing, Florida does not use the word "custody." Under F.S. 61.13, courts address time-sharing (the physical schedule) and parental responsibility (decision-making). Effective July 1, 2023, Florida law presumes that equal time-sharing is in the best interest of the child. Your Parenting Plan must specify the schedule and how decisions about education, healthcare, and activities are made. Child support is then calculated under the F.S. 61.30 guidelines, which the court will check even in an agreed case. Our child custody in Florida guide explains the best-interest factors in detail.

When Is an Uncontested Divorce the Right Fit?

An uncontested, flat-fee divorce is an excellent fit for many Florida couples, but it is not right for every situation. It works best when:

• Both spouses genuinely agree on every issue
• The marital finances are relatively transparent and understood by both parties
• There is no history of hidden assets, coercion, or domestic violence
• The couple can communicate well enough to sign the same agreement

An uncontested approach may not be appropriate when one spouse suspects the other is hiding assets, when there is a significant power imbalance, or when complex assets like a business or substantial retirement accounts require valuation. In those situations, you may need more help, such as the discovery tools described in our Florida divorce discovery process guide, or full representation. We will never tell you that you do not need a lawyer; instead, our role is to confirm whether your case truly qualifies as uncontested and to prepare it correctly if it does. If your case is more complicated, our affordable divorce representation guide outlines other cost-effective options.

How Divorce Law PLLC Handles Your Uncontested Divorce

Our firm focuses on affordable, flat-fee uncontested divorce. For a $750 flat attorney fee, we prepare the petition, the Marital Settlement Agreement, the Parenting Plan if you have children, the financial affidavits, and the final judgment paperwork, all built to be internally consistent and compliant with Chapter 61. The county filing fee (about $408 to $410) and notary costs are paid separately by you.

We handle this work as a licensed Florida law firm, which means an actual attorney reviews your documents rather than a form-filling service. We cannot and do not guarantee that a court will grant any particular outcome, because the judge controls the final decision and scheduling. What we can do is make sure your paperwork is accurate, your settlement reflects Florida law, and your case is positioned to move as smoothly as possible. To learn more about our pricing model, see our flat-fee divorce in Florida guide. When you are ready, contact our office to schedule a consultation and confirm whether your case qualifies as uncontested.

Frequently Asked Questions

See the detailed FAQ answers below covering cost, timelines, children, alimony, and eligibility for an uncontested divorce in Florida.

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. Divorce Law PLLC can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.