An uncontested divorce in Florida typically takes 4 to 12 weeks from filing to final judgment. The legal minimum is 20 days, because Florida Statute 61.19 bars any final judgment until 20 days after the petition is filed. A simplified dissolution can finish in 3 to 6 weeks; a regular uncontested case usually runs 2 to 4 months. Our firm prepares uncontested divorces for a $750 flat attorney fee statewide (court costs ~$408-$410 and notary separate).

That speed is the entire appeal of an uncontested case. When both spouses agree on every issue, there is no litigation, no discovery battle, and no contested final hearing to wait for on a crowded judge's calendar. The remaining question is simply how fast the paperwork moves and how quickly your county clerk can set a brief final hearing. Below, we break down exactly what controls the timeline, how the two uncontested paths compare, and where most of the waiting actually happens.

How Long Does an Uncontested Divorce Take in Florida?

For most couples, the realistic answer to how long an uncontested divorce takes in Florida is 4 to 12 weeks. The single hard legal floor is the 20-day rule. Under F.S. 61.19, a court cannot enter a Final Judgment of Dissolution of Marriage until at least 20 days have passed since the petition was filed, unless the judge finds that waiting would cause an injustice. Waivers of that 20-day period are rare and require a compelling reason, so plan around 20 days as your minimum.

Florida is unusual nationally because it imposes no separation period and no cooling-off period before you may file. There is no "wait six months after separating" rule. The only pre-filing timing requirement is residency: under F.S. 61.021, at least one spouse must have lived in Florida for 6 months before filing. Once that residency requirement and the 20-day post-filing period are satisfied, the clock is governed almost entirely by paperwork and the clerk's hearing calendar.

What Is Florida's Divorce Waiting Period?

Florida's divorce waiting period is widely misunderstood, so it is worth stating precisely. There are two distinct timing concepts, and only one is a true waiting period.

  • Pre-filing waiting period: zero days. Florida imposes no mandatory separation or cooling-off period before you file. You do not have to be separated for any length of time to file a petition for dissolution of marriage.
  • Post-filing minimum before judgment: 20 days. Under F.S. 61.19, the court cannot finalize your divorce until 20 days after the petition is filed.

The 6-month residency requirement under F.S. 61.021 is not a waiting period either — it is a jurisdictional requirement that one spouse already lived in Florida long enough for the court to have authority. Residency is proven by a Florida driver's license, voter registration, or a sworn corroborating witness who knows you are a Florida resident. If you have lived in Florida for years, this requirement is already met and adds nothing to your timeline. For a deeper breakdown, see our Florida divorce residency requirements guide.

What Is the Fastest Divorce Possible in Florida?

The fastest divorce in Florida is a simplified dissolution that finalizes shortly after the 20-day minimum under F.S. 61.19. In a best-case scenario — both spouses cooperating, paperwork filed correctly, and a clerk who can set an early hearing — a simplified dissolution can close in roughly 3 to 6 weeks.

Simplified dissolution exists under F.S. 61.052(2) and uses Form 12.901(a) (Petition for Simplified Dissolution of Marriage). It is the fastest path because it strips out the slowest steps of a normal case. There is no Answer period to wait through, the spouses agree to waive financial disclosure, and both parties file and appear together rather than serving each other.

That speed comes with trade-offs. To use the simplified track, you must have no minor or dependent children, neither spouse may seek alimony, you must agree on dividing property and debts, and both spouses must attend the final hearing in person. You also waive your right to a trial and your right to receive financial disclosure from the other spouse. For couples with genuinely simple finances and no children, those waivers are usually acceptable. For everyone else, the regular uncontested track is the right tool even though it takes a bit longer.

Simplified vs. Regular Uncontested Divorce: Timeline Comparison

Both uncontested paths are far faster than a contested divorce, but they are not identical. The table below shows how the two tracks compare on the factors that drive timing.

FactorSimplified Dissolution (Form 12.901(a))Regular Uncontested (Form 12.901(b)(1) or (b)(2))
Governing statuteF.S. 61.052(2)F.S. 61.052; F.S. 61.075
Typical timeline3-6 weeks2-4 months
Minor children allowed?NoYes (Form 12.901(b)(2))
Alimony allowed?NoYes (may be agreed in MSA)
Financial disclosureWaived by both spousesGenerally required (Form 12.902(b) or (c)) within 45 days
Both must attend final hearing?Yes, both requiredOften only one spouse needed
Right to trial/discoveryWaivedPreserved until settlement is final
Marital Settlement AgreementForm 12.902(f)(3)Written MSA covering all issues

The core difference is scope. Simplified dissolution is built for childless couples with simple assets who are comfortable waiving disclosure and trial rights. The regular uncontested track handles children, alimony, retirement accounts, and real property — anything that needs a thorough Marital Settlement Agreement and, where children are involved, a Parenting Plan. For a fuller comparison of both, read our complete uncontested divorce in Florida guide.

Step-by-Step: The Uncontested Divorce Timeline in Florida

Knowing where the time goes helps you plan. Here is how a regular uncontested case typically unfolds, week by week.

Week 1 — Preparation and filing. Your petition is prepared using Form 12.901(b)(1) (no minor children) or Form 12.901(b)(2) (with children) and filed through the Florida Courts E-Filing Portal at myflcourtaccess.com. The county filing fee (typically about $408-$410) is paid at this stage.
Weeks 1-3 — Service or waiver. The other spouse is served or signs an Answer and Waiver. A cooperating spouse who signs a waiver can compress this step to days instead of the full 20-day response window.
Weeks 2-6 — Disclosure and the Marital Settlement Agreement. The parties exchange Family Law Financial Affidavits (Form 12.902(b) short form or Form 12.902(c) long form) within 45 days, or jointly waive filing them using Form 12.902(k). The MSA is finalized, and if there are children, a Parenting Plan and child support worksheet are completed.
Weeks 4-8 — Final hearing scheduling. Once all documents are signed and filed, you request a final hearing. The 20-day minimum under F.S. 61.19 must have passed. Hearing availability varies by county.
Final hearing — Judgment entered. The hearing is brief, often 10 to 20 minutes. The judge confirms the marriage is irretrievably broken under F.S. 61.052, reviews the agreement, and signs the Final Judgment of Dissolution.

Most of the variability lives in steps 2, 4, and the clerk's calendar. A spouse who delays signing, a busy circuit, or a required mediation slot can each add weeks. For a complete walkthrough, see our Florida divorce process step-by-step guide.

What Makes an Uncontested Divorce Take Longer in Florida?

Even "uncontested" cases can stall. The most common timeline-extenders are administrative, not legal disputes.

  • Slow service or an unsigned waiver. If your spouse will not promptly sign the Answer and Waiver and must be formally served, you may wait the full 20-day response window before moving forward.
  • Incomplete or incorrect forms. A missing signature, an unnotarized document, or the wrong petition form (12.901(a) vs. 12.901(b)) sends paperwork back and restarts portions of the process. This is where attorney-prepared documents save the most time.
  • Mandatory parenting class. When minor children are involved, both parents must complete a court-approved Parent Education and Family Stabilization Course before the final judgment. The certificate must be filed.
  • County hearing backlogs. The court controls scheduling. Some circuits set uncontested final hearings within two weeks; others take a month or more. No firm can guarantee a specific hearing date.
  • Financial affidavit gaps. If disclosure is required and one spouse is slow to produce income and asset information, the 45-day disclosure window under Florida Family Law Rule 12.285 can become the bottleneck.

None of these are about whether you agree — they are about execution. Clean, correctly prepared paperwork is the single biggest factor you can control to keep a case near the 4-week end of the range rather than the 12-week end.

How Does an Attorney-Prepared Uncontested Divorce Speed Things Up?

The slowest uncontested cases are almost always the ones where paperwork is wrong and has to be redone. That is the value of having a licensed Florida attorney prepare and review your documents at a flat fee.

When our firm handles your uncontested divorce, we select the correct petition form for your situation, draft a Marital Settlement Agreement that actually covers property, debts, time-sharing, child support, and alimony, prepare the Parenting Plan and child support guidelines worksheet when children are involved, and confirm the financial affidavit or a proper Form 12.902(k) waiver is in place. Each of those is a step that, done wrong, costs you weeks.

This is different from a non-lawyer document-preparation or typing service. Those services cannot give legal advice, cannot tell you whether your settlement terms are enforceable, and cannot catch a substantive error that a judge will reject at the final hearing. We prepare your uncontested divorce for a $750 flat attorney fee — the same price in every one of Florida's 67 counties — with court costs (~$408-$410) and notary disclosed separately and up front. To compare full-representation pricing with self-help options, see our affordable divorce representation in Florida guide and our uncontested divorce cost breakdown.

An uncontested flat-fee divorce is the right fit when both spouses genuinely agree on all issues. If your spouse disputes property, alimony, or time-sharing, the case is contested, the flat fee does not apply, and the timeline changes significantly — that is a different process entirely.

Frequently Asked Questions

Detailed answers to the most common questions about Florida's uncontested divorce timeline appear below.

Disclaimer

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.

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About the Author

Antonio G. Jimenez, Esq.

Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

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Frequently Asked Questions

How long does an uncontested divorce take in Florida?

Most uncontested divorces in Florida take 4 to 12 weeks from filing to final judgment. The absolute legal minimum is 20 days, because F.S. 61.19 prohibits a court from entering a Final Judgment of Dissolution until at least 20 days after the petition is filed. A simplified dissolution under F.S. 61.052(2) can finish in roughly 3 to 6 weeks when both spouses cooperate, while a regular uncontested case with children or property typically runs 2 to 4 months. The biggest variables are how quickly your spouse signs the waiver and how fast your county clerk sets the brief final hearing — the court controls scheduling, so no firm can guarantee a specific date.

What is the fastest divorce possible in Florida?

The fastest divorce in Florida is a simplified dissolution that finalizes shortly after the 20-day minimum required by F.S. 61.19. In ideal conditions — both spouses cooperating, paperwork filed correctly through the e-filing portal, and an available hearing slot — a simplified dissolution under F.S. 61.052(2) can close in about 3 to 6 weeks. It is the fastest path because there is no Answer period, both spouses waive financial disclosure, and they file and appear together. The trade-off is strict eligibility: no minor or dependent children, no alimony sought, agreement on dividing property and debts, and both spouses must attend the final hearing in person. You also waive your right to a trial and to financial disclosure from your spouse.

Is there a 20-day waiting period for divorce in Florida?

Yes, but it is a post-filing minimum, not a pre-filing waiting period. Under F.S. 61.19, no Final Judgment of Dissolution of Marriage may be entered until at least 20 days after the petition is filed. A judge may waive this period if waiting would cause an injustice, but waivers are uncommon and require a compelling reason, so plan on 20 days as your floor. Importantly, Florida imposes no mandatory separation or cooling-off period before you file — there is no requirement to be separated for any length of time. The only pre-filing timing rule is the 6-month residency requirement under F.S. 61.021, which is a jurisdictional requirement rather than a waiting period.

Does Florida have a separation period before you can file for divorce?

No. Florida does not require any period of separation before filing for divorce. Unlike some states that mandate months or years of separation, Florida lets you file a petition for dissolution as soon as the residency requirement is met. The only pre-filing requirement is that at least one spouse has lived in Florida for 6 months before filing, under F.S. 61.021. After filing, the only waiting requirement is the 20-day minimum before final judgment under F.S. 61.19. Because Florida is a no-fault state under F.S. 61.052, you simply allege the marriage is irretrievably broken — you do not need to prove separation, wrongdoing, or your spouse's consent to begin the process.

What is the difference between simplified and regular uncontested divorce timelines?

A simplified dissolution is faster but narrower. Under F.S. 61.052(2) using Form 12.901(a), a simplified dissolution can finalize in about 3 to 6 weeks, but it requires no minor children, no alimony, agreement on property and debts, and both spouses attending the final hearing — and both spouses waive trial rights and financial disclosure. A regular uncontested divorce, using Form 12.901(b)(1) (no children) or Form 12.901(b)(2) (with children), typically takes 2 to 4 months because it includes financial disclosure, a detailed Marital Settlement Agreement, and a Parenting Plan when children are involved. The regular track is necessary whenever children, alimony, retirement accounts, or real property are part of the case.

How much does an uncontested divorce cost in Florida, and what is separate from the flat fee?

Our firm prepares an uncontested Florida divorce for a $750 flat attorney fee — the same price in all 67 Florida counties. Separate from that attorney fee, you pay the county court filing fee (typically about $408-$410) and notary costs. 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. Other possible separate costs include process server fees if your spouse must be formally served (often $40-$75) and, in some counties, mediation if the case is not fully agreed. Because the fee is flat, you know the attorney cost up front regardless of which county you file in. For more, see our uncontested divorce cost guide.

Can the 20-day waiting period be waived in Florida?

Sometimes, but rarely. Under F.S. 61.19, a court generally cannot enter a final judgment until 20 days after the petition is filed. The statute allows a judge to waive this period if requiring the wait would cause an injustice. In practice, waivers are uncommon and require a genuinely compelling reason — judges do not grant them simply because the parties want to finish faster. Because waivers are unpredictable, you should plan your timeline around the full 20-day minimum rather than expecting to skip it. For most couples, 20 days is not the bottleneck anyway; the real timing factors are how fast the spouse signs the waiver and how quickly the clerk schedules the final hearing.

What slows down an uncontested divorce in Florida?

Most delays in uncontested cases are administrative rather than legal disputes. Common slowdowns include a spouse who is slow to sign the Answer and Waiver (which can force you to wait the full 20-day response window or arrange formal service), incomplete or unnotarized forms, using the wrong petition form, and county hearing backlogs since the court controls scheduling. When minor children are involved, both parents must complete a court-approved Parent Education and Family Stabilization Course before final judgment, and that certificate must be filed. If financial disclosure is required, a slow exchange of Family Law Financial Affidavits within the 45-day window under Rule 12.285 can also delay things. Clean, correctly prepared paperwork is the single biggest factor you can control.

Do both spouses have to appear at the final hearing in an uncontested divorce?

It depends on the path. In a simplified dissolution under F.S. 61.052(2), both spouses are required to attend the final hearing together. In a regular uncontested divorce using Form 12.901(b)(1) or (b)(2), often only one spouse needs to appear at the final hearing while the other has signed the Marital Settlement Agreement and waived appearance. Either way, the final hearing itself is brief — typically 10 to 20 minutes. The judge places the attending party under oath, confirms the marriage is irretrievably broken under F.S. 61.052, reviews the settlement to ensure it complies with Florida law, and signs the Final Judgment of Dissolution. Local procedures vary by county, so confirm your circuit's appearance rules.

How long does the residency requirement add to my divorce timeline?

If you already live in Florida, the residency requirement adds nothing to your timeline. Under F.S. 61.021, at least one spouse must have been a Florida resident for 6 months before filing the petition. This is a jurisdictional prerequisite, not a waiting period — it does not run after you file. If you have lived in Florida for years, the requirement is already satisfied and you can file immediately. Residency is proven by a Florida driver's license, Florida voter registration, or a sworn statement from a corroborating witness who knows you live in Florida. Only newcomers who have lived in the state for less than 6 months must wait, and they must wait to file at all rather than waiting longer once the case is underway.

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