The Uncontested Divorce Process in Florida: Step by Step

If you and your spouse have reached agreement on all the issues in your divorce and want to understand exactly how the process works in Florida — what qualifies, what documents are required, what the timeline looks like, and what happens at each stage from filing to final judgment — the framework below covers each step in sequence.

Uncontested divorce is not simply a faster version of contested divorce. It is a distinct process that requires full agreement on all issues before filing and follows a defined procedural path once it begins.

What Qualifies as Uncontested

A divorce qualifies as uncontested when both spouses have reached complete agreement on every issue that must be resolved — property division, debt allocation, spousal support, and if children are involved, a parenting plan and child support. Partial agreement is not enough. If any issue remains unresolved at the time of filing, the case is contested.

Florida also requires that at least one spouse has been a resident of the state for six months prior to filing. This residency requirement must be met before the court has jurisdiction to grant the divorce.

Uncontested vs. Simplified Dissolution

Florida offers two pathways for an agreed divorce. The standard uncontested process is available to all qualifying couples regardless of children, property, or support arrangements. Simplified dissolution of marriage is a faster, more limited option available only when: there are no minor or dependent children, neither party is seeking alimony, both parties agree on all property and debt, and both are willing to waive the right to trial and appeal. Both parties must appear at the final hearing for simplified dissolution.

Most couples with children, significant assets, or any spousal support arrangement use the standard uncontested process rather than simplified dissolution.

The Core Document: The Marital Settlement Agreement

The marital settlement agreement (MSA) is the central document in an uncontested divorce. It captures the full terms of the agreement between the parties — every asset, every debt, every support provision, and every parenting arrangement. The final judgment incorporates the MSA, making its terms enforceable as a court order.

The MSA must address all marital issues completely and with precision. Vague or incomplete language creates enforcement problems after judgment. Both parties must sign the MSA before a notary. An attorney review of the MSA before signing is strongly advisable — terms that seem acceptable at signing can have long-term financial consequences that are not immediately obvious.

Required Documents

In addition to the MSA, the standard uncontested divorce in Florida requires:

  • Petition for dissolution of marriage — filed by the petitioner with the Clerk of Court
  • Financial affidavit — required from both parties regardless of how simple the case appears; discloses income, expenses, assets, and liabilities
  • Parenting plan — required whenever minor children are involved; must address time-sharing, parental responsibility, and communication
  • Child support guidelines worksheet — documents the calculation of child support under Florida’s formula
  • Final judgment of dissolution — prepared for the judge’s signature after all documents are in order

If retirement accounts are being divided, a Qualified Domestic Relations Order (QDRO) is required separately and is typically processed after the judgment is entered.

The Process — Filing to Final Judgment

Filing: The petitioner files the petition and pays the filing fee with the Clerk of Court. The other spouse either waives formal service or is formally served, and has 20 days to respond.

Mandatory waiting period: Florida imposes a 20-day waiting period after filing before the divorce can be finalized. Courts may waive this in compelling circumstances, but it applies in most cases.

Financial disclosure exchange: Both parties exchange mandatory financial disclosure documents — tax returns, bank statements, and pay stubs — concurrent with or shortly after filing.

Court submission and review: Once all documents are complete and signed, the package is submitted to the court. A judge reviews the agreement to confirm it is not unconscionable and that any child-related provisions meet the best interests of the child standard. The court can require revisions to child-related terms even in a fully agreed case.

Final hearing: In most uncontested cases, at least one party — sometimes both — appears briefly before the judge to confirm the agreement is voluntary and that the residency requirement is met. The judge then signs the final judgment.

After the Judgment

The final judgment does not complete every task. Several steps must occur after it is entered:

  • Deed transfers for real property awarded to one spouse must be executed and recorded
  • Retirement account division requires a separate QDRO submitted to the plan administrator
  • Beneficiary designations on retirement accounts, life insurance, and transfer-on-death accounts must be updated manually — the judgment does not do this automatically
  • Name change provisions in the judgment can be used to update identification and records
  • Estate planning documents — wills, trusts, powers of attorney — should be reviewed and updated to reflect the new circumstances