DRAFT
When both spouses agree that the marriage should end, preparation can make the filing process more orderly. An agreement alone, however, does not complete a Florida divorce. The terms should be written clearly, the correct documents should be prepared, and the filing requirements should be confirmed before anything is submitted.
This checklist explains what to review before filing a simple uncontested divorce in Florida. Your rights and options depend on your specific facts. General information cannot determine which process or forms apply to your situation.
Start by confirming what “uncontested” means
An uncontested divorce generally means that both spouses agree on all material issues that must be resolved. This can include:
- Division of the marital home and other real estate
- Bank accounts, vehicles, retirement accounts and personal property
- Credit cards, mortgages, personal loans and other debts
- Alimony, including whether it will be requested or waived
- Parenting responsibilities and time-sharing
- Child support and child-related expenses
- Insurance, taxes and continuing household obligations
- Restoration of a former name, if requested
- Responsibility for court costs or attorney’s fees, where applicable
Agreement should be complete, not informal. Two spouses may believe they agree while leaving important details unresolved. For example, an agreement to sell a home should address who pays the mortgage and expenses, how the sale will occur, what happens if the property does not sell, and how proceeds or remaining debt will be divided.
A written agreement can reduce uncertainty, but the wording still matters. Do not sign based only on a general online explanation.
Agreed, default and contested divorces are different
An agreed divorce is not the same as a default divorce.
Agreed divorce
In an agreed or uncontested case, both spouses participate and reach terms on all required issues. The agreement is usually presented to the court along with the required petition, financial information and other documents.
The case may still require a hearing or additional court procedure. The court must receive sufficient information to enter a final judgment.
Default divorce
A default may occur when one spouse does not respond after being properly served. A default does not mean that the filing spouse automatically receives every requested term.
The court may still require evidence and must determine whether the requested relief is legally appropriate. A default case can also involve important questions about property, debts, support and parenting.
Contested divorce
A divorce is contested when the spouses cannot agree on one or more material issues. A disagreement about alimony, the marital home, debt responsibility, parenting or child support may require a different process.
Do not assume that a cooperative conversation creates an uncontested case. If a significant issue remains unresolved, discuss it before choosing forms or signing an agreement.
Confirm Florida residency before filing
Florida generally requires at least one spouse to have lived in Florida for six months immediately before the petition is filed. The filing date matters.
Possible proof may include:
- A Florida driver’s license
- A Florida identification card
- A Florida voter registration card
- Testimony from a corroborating witness
- An Affidavit of Corroborating Witness using the applicable Florida family law form
A Florida mailing address does not necessarily prove the required residency period. If a Florida identification document was issued recently, another form of proof may be needed.
Review Florida Statutes section 61.021 and the current Florida Courts family law forms before relying on a particular document.
Decide whether simplified or regular dissolution may apply
Florida has a simplified dissolution process, but not every uncontested couple qualifies.
A simplified dissolution may be available when, among other requirements:
- Both spouses agree to use the simplified procedure
- At least one spouse meets the six-month Florida residency requirement
- There are no minor or dependent children in common
- Neither spouse is pregnant
- Both spouses agree on the division of all assets and debts
- Neither spouse is seeking alimony
- Both spouses agree that the marriage is irretrievably broken
A couple may still have an uncontested divorce when the simplified process does not apply. A regular dissolution may be necessary when there are minor children, alimony issues, more detailed financial questions or other circumstances that fall outside the simplified requirements.
Simplified does not mean automatic. The court still needs the correct documents and information. Confirm the appropriate process before filing.
Prepare a written marital settlement agreement
A marital settlement agreement should address the issues that affect both spouses. Depending on the circumstances, review the following categories.
Property
Identify how the agreement will address:
- The marital home and other real estate
- Vehicles, boats and recreational equipment
- Bank, investment and retirement accounts
- Business interests
- Household furnishings and personal property
- Jewelry, collectibles and other significant items
Use clear descriptions. Account numbers, property addresses, titles and transfer responsibilities may matter.
Debts
List and assign responsibility for:
- Mortgages and home equity loans
- Credit cards
- Vehicle loans
- Personal loans
- Medical debts
- Tax obligations
- Student loans
- Joint accounts and recurring expenses
An agreement between spouses may not change a creditor’s rights. If both spouses remain obligated on a loan, one spouse’s promise to make payments may not release the other spouse from the lender’s contract. Refinancing, account closure or another separate step may be necessary.
Alimony
State whether alimony is requested, waived or addressed through specific terms. The financial effect of waiving support can depend on income, property, health, future needs and other facts.
Do not treat an alimony waiver as a routine clause without reviewing its possible effect.
Parenting and child support
When minor children are involved, the agreement should be coordinated with a parenting plan and child-support information. Review:
- Regular time-sharing
- Holidays, school breaks and vacations
- Transportation and exchanges
- Education and health-care decisions
- Communication between parents and children
- Child-care and extracurricular expenses
- Health insurance and uncovered medical costs
- Child support under the applicable guidelines
Florida cases involving minor children may also require a UCCJEA affidavit, a child support guidelines worksheet and completion of a parenting course. The exact requirements can vary based on the case and current court procedures.
Gather the documents before you file
Organize documents for both spouses where available. Useful records may include:
- Marriage certificate
- Prior divorce decrees
- Proof of Florida residency
- Recent pay stubs
- Recent tax returns
- Bank and investment statements
- Retirement and pension information
- Mortgage and home equity records
- Vehicle titles and loan statements
- Credit card statements
- Personal loan records
- Insurance information
- Deeds and other property records
- A list of major personal property
- Existing parenting or support discussions
- The proposed written settlement agreement
Financial information remains important even when both spouses are cooperating. You should understand the value of the property, the amount of the debts and the likely effect of the proposed terms before signing.
Review the likely filing documents
The exact packet depends on your circumstances. Documents may include:
- Petition for Simplified Dissolution of Marriage
- Petition for Dissolution of Marriage
- Marital Settlement Agreement
- Family Law Financial Affidavits
- Notice of Social Security Number
- Proof of residency or corroborating witness affidavit
- Parenting Plan, if children are involved
- Child Support Guidelines Worksheet, if applicable
- UCCJEA affidavit, if applicable
- Waiver or acknowledgment of service, if permitted
- Proposed Final Judgment
- County-specific cover sheets or additional forms
Use current forms from the Florida Courts family law forms page and review the instructions from the clerk of the circuit court where the case will be filed. Forms and local procedures can change.
Use this preparation process
-
Confirm residency. Identify which spouse meets the six-month requirement and how that residency will be proven.
-
List every issue. Separate property, debt, alimony, parenting, child support and filing questions.
-
Check the agreement. Compare the written terms against the complete list of issues. Look for assumptions, missing deadlines and unclear responsibilities.
-
Gather financial records. Confirm account ownership, balances, property values, income and recurring expenses.
-
Choose the likely process. Determine whether the facts may fit simplified dissolution or whether a regular dissolution should be considered.
-
Review before signing. Discuss the legal effect of provisions involving property transfers, debt responsibility, support waivers and parenting arrangements.
-
Confirm filing steps. Review service or waiver requirements, hearings, disclosure obligations and county-specific procedures.
A website submission does not protect a court deadline or create an attorney-client relationship. If you have already received court papers, review the deadline separately and address it promptly.
Common questions
Do we need a written agreement if we agree on everything?
Yes. A written agreement is important because verbal understandings may not address every issue or provide clear instructions after the final judgment.
Is every agreed divorce a simplified divorce?
No. A case may be uncontested but still require a regular dissolution process. Minor children, pregnancy, alimony and other facts may prevent use of the simplified procedure.
Can both spouses use the same attorney?
Not necessarily. One attorney generally cannot provide independent legal advice to both spouses when their interests may differ. If one spouse retains the attorney, the other spouse may want separate legal advice before signing.
Does agreement eliminate financial disclosure?
No. Do not assume cooperation eliminates every financial information requirement. The applicable rules depend on the case and the relief requested.
How long will the process take?
Timing can vary based on document completeness, court scheduling, filing requirements and whether corrections are needed. A specific timeline requires a review of the facts and current court procedures.
Discuss your preparation before filing
A simple uncontested divorce in Florida may involve fewer disputes, but it still requires careful preparation. Residency, written settlement terms, financial information, parenting arrangements and filing documents should be reviewed together.
The Law Offices of Conwade D. Lewis, P.A. serves Tamarac and Broward County. Conwade D. Lewis has been a Florida Bar member since 1992. Clients speak directly with an attorney, and a free initial consultation can provide an opportunity to discuss possible next steps and the documents to gather.
You can learn more about uncontested divorce or request a free consultation. Bring your proposed agreement, questions and available records.
This article provides general information only. It is not individual legal advice and does not establish an attorney-client relationship. Your rights and options depend on your specific facts and current Florida law.