When both spouses agree that the marriage should end and have reached workable terms, an uncontested divorce in Florida may involve fewer disputes and a more structured court process. It is not, however, an informal agreement between spouses. The required legal documents still must be accurate, complete and filed correctly.
A simple uncontested divorce in Florida usually begins with four questions:
- Does at least one spouse meet Florida’s residency requirement?
- Do both spouses agree on every issue that must be resolved?
- Has the agreement been put into clear written terms?
- Are the correct forms, financial information and court procedures being followed?
Your rights and options depend on your specific facts. A review with an uncontested divorce lawyer in Florida can help you understand which process may apply and what should be addressed before filing.
What makes a divorce uncontested?
A divorce is generally considered uncontested when both spouses agree on all material issues. A disagreement about one important issue can change the nature of the case and may require a different process.
Depending on the circumstances, the agreement may need to address:
- Division of the marital home and other real estate
- Vehicles, bank accounts, retirement accounts and personal property
- Credit cards, mortgages, loans and other debts
- Alimony or an agreement that neither spouse will seek it
- Parenting responsibilities and decision-making
- Time-sharing schedules and exchanges
- Child support and related expenses
- Responsibility for insurance, taxes and other obligations
- Restoration of a former name, if requested
- Attorney’s fees and court costs, where applicable
Agreement is not the same as clarity. Both spouses may believe they agree while using terms that leave important questions unanswered. For example, an agreement about “selling the house” should identify who will pay expenses, how a sale will be handled, what happens if the property does not sell and how the proceeds or remaining debt will be divided.
The office can review whether the terms are specific enough to reduce avoidable disputes after the final judgment.
Does one spouse need to live in Florida?
Yes. Under Florida Statutes section 61.021, at least one spouse must have resided in Florida for six months before the petition is filed.
Only one spouse needs to meet this requirement. The other spouse may live in another state or outside the United States. The six-month period must be immediately before filing, so the filing date matters.
Residency usually must be proven through acceptable documentation or a corroborating witness. Examples may include:
- A Florida driver’s license
- A Florida identification card
- A Florida voter registration card
- An affidavit or testimony from an adult Florida resident who knows how long the spouse has lived in Florida
Do not assume that having a Florida mailing address automatically proves the required residency. If identification was issued recently or does not clearly establish the six-month period, another form of proof may be needed.
What is the difference between regular and simplified dissolution?
Florida recognizes both a regular dissolution of marriage and a simplified dissolution of marriage. The simplified procedure is narrower. It is available only when the couple meets all required conditions.
Regular dissolution of marriage
A regular dissolution may be appropriate when the spouses agree but do not qualify for the simplified procedure. This can include situations involving:
- Minor or dependent children
- A pregnancy
- Alimony
- More detailed financial issues
- A need for formal financial disclosure
- Complex property, business or retirement interests
The spouses may still resolve the case through a written marital settlement agreement. If the agreement is complete and acceptable to the court, the case may proceed without a contested trial. The process still includes filing the required petition, addressing service or waiver requirements, submitting the appropriate documents and completing the court’s finalization procedure.
Simplified dissolution
The simplified process generally requires all of the following:
- Both spouses agree to use the simplified procedure
- At least one spouse has lived in Florida for the required six months
- There are no minor or dependent children in common
- There are no adopted children under 18 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
Both spouses generally must attend the final hearing together. They also give up certain rights associated with a regular case, including the right to a trial and appeal under the simplified procedure.
Simplified does not mean automatic. The court must still receive the required paperwork and determine that the legal requirements have been met. If the facts do not fit the simplified procedure, a regular dissolution may be necessary.
The Florida Bar’s consumer information on divorce and the Florida Courts family law forms page provide general information about these procedures. Forms and requirements can change, so confirm that you are using current materials.
What paperwork may be required?
The exact filing packet depends on whether the case is regular or simplified, whether there are children and whether financial relief is requested. Common documents may include:
- Petition for Dissolution of Marriage
- Petition for Simplified Dissolution of Marriage, if eligible
- Marital Settlement Agreement
- Family Law Financial Affidavits
- Proof of Florida residency
- Parenting plan, when applicable
- Child support guidelines worksheet, when applicable
- Answer and waiver or other response documents
- Notice of joint waiver, if permitted and properly used
- Proposed Final Judgment
- Additional county or court-specific forms
A marital settlement agreement should identify the assets and debts clearly. It should also explain who is responsible for transfers, refinancing, account changes, insurance, tax matters and deadlines.
Financial information remains important even when both spouses are cooperating. You should understand the value of property, the balance of debts and the likely effect of the agreement before signing it. Tax consequences may also matter, particularly when the agreement involves a home, retirement account, support payments or the transfer of other property.
What can an uncontested divorce lawyer review?
An uncontested divorce lawyer can review the proposed process and documents from the perspective of the spouse represented by that lawyer. The review may include:
-
Residency and filing location
Confirm whether the six-month Florida residency requirement appears to be met and identify the appropriate county and filing path. -
Complete agreement
Compare the proposed terms against the issues that must be resolved. This can help identify subjects that were discussed but not written down. -
Property and debt language
Review descriptions of real estate, vehicles, financial accounts, retirement benefits, credit cards, loans and personal property. Vague or incomplete descriptions may create problems later. -
Parenting and support terms
When children are involved, review the parenting plan, time-sharing schedule, decision-making provisions, child support information and related expenses. -
Alimony and financial consequences
Discuss whether support is being requested, waived or addressed in another way. The financial effect of a waiver or settlement can depend on income, property and future needs. -
Forms and procedure
Check whether the correct petition, affidavits, waivers, proof of residency and proposed judgment are being used. Filing a website form does not create a legal relationship, provide representation or protect a court deadline. -
Post-judgment responsibilities
Identify steps that may remain after the judgment, such as transferring title, changing account ownership, refinancing a loan or updating beneficiary designations.
One attorney generally cannot provide independent legal advice to both spouses when their interests may differ. If the office represents one spouse, the other spouse should have the opportunity to obtain separate advice before signing an agreement.
How should you prepare before filing?
A careful review can make the process more orderly. Before requesting a consultation, gather:
- Marriage certificate and prior divorce decrees, if any
- Florida residency proof
- Recent pay information for both spouses, if available
- Bank and investment account statements
- Retirement account information
- Mortgage, vehicle and other loan records
- Credit card and tax information
- Deeds, titles and insurance documents
- A list of personal property and significant belongings
- Any existing parenting or support discussions
- The written agreement or draft terms already prepared
Then use this process:
-
List every issue. Separate property, debt, support, parenting and procedural questions.
-
Identify what is agreed. Mark terms that are complete and terms that still depend on assumptions.
-
Gather supporting information. Confirm balances, account owners, property values and recurring expenses.
-
Review before signing. Do not sign a settlement agreement based only on a general online explanation. The legal effect depends on the language and your particular facts.
-
Confirm the filing steps. Discuss service, waivers, hearings, financial disclosure and any county-specific requirements.
A consultation does not establish that your case qualifies for a simplified dissolution or guarantee a particular result. It can provide an opportunity to discuss the documents, possible paths and issues that require attention.
Common questions about uncontested divorce in Florida
Is an uncontested divorce always a simple uncontested divorce in Florida?
Not necessarily. A case may be uncontested because both spouses agree, but the simplified procedure has additional requirements. Children, pregnancy, alimony or other facts may require a regular dissolution process.
Can we use the same lawyer?
Generally, one lawyer cannot give both spouses independent legal advice if their interests differ. One spouse may retain the attorney, while the other spouse may consult separate counsel before agreeing to the terms.
Do we need a written agreement if we agree on everything?
Yes, a written agreement is usually important. Verbal understandings may not address every issue or provide clear instructions after the judgment.
Does agreement eliminate financial disclosure?
No. Do not assume that cooperation eliminates every financial information requirement. The applicable disclosure rules depend on the case and the relief requested.
How long will an uncontested divorce take?
Timing can vary based on the completeness of the documents, filing requirements, court scheduling and whether corrections are needed. A lawyer cannot responsibly promise a specific timeline without reviewing the facts and current court procedures.
Start with a direct review of your options
When both spouses agree, an uncontested process may offer a more focused way to address the legal end of the marriage. It still deserves careful attention to residency, settlement terms, financial information, paperwork and post-judgment responsibilities.
The Law Offices of Conwade D. Lewis, P.A. provides focused legal services for difficult life transitions, including uncontested divorce. The attorney can discuss your circumstances, review possible next steps and explain what information may be needed. You can request a free consultation and bring the agreement, questions and documents you already have.
General website information cannot determine your rights or establish representation. Your options depend on your specific facts and the current law.