When both spouses agree on the major issues, an uncontested divorce may involve less conflict than a disputed case. It still requires specific documents, court filings, notice requirements, and judicial review.
If you are looking for an uncontested divorce lawyer in Florida, it is important to understand what happens after the agreement is signed. The agreement does not, by itself, dissolve the marriage. The case must move through the correct legal process before a judge enters a final judgment.
This article explains the general sequence in Florida, including the difference between a simplified dissolution and a regular uncontested dissolution. Your rights, obligations, and available options depend on your specific facts and current law.
A signed agreement starts preparation, not the case
A marital settlement agreement can identify how the spouses plan to resolve property, debts, support, and other issues. When children are involved, the agreement may need to address parental responsibility, time-sharing, child support, and a parenting plan.
The agreement should be specific. It may need to identify:
- Real estate, vehicles, bank accounts, retirement accounts, and personal property
- Credit cards, loans, taxes, and other debts
- Any alimony terms, including amount and duration
- Responsibility for transferring property or completing documents
- Parenting responsibilities and time-sharing
- Child support and health insurance arrangements, when applicable
Do not assume that a signed agreement is complete simply because both spouses accept it. Missing property details, unclear deadlines, or terms that do not address children’s needs can create problems later.
The agreement also does not replace the required court documents. The case generally begins when the correct petition is filed with the Clerk of Court in the appropriate Florida county.
For general background, see the uncontested divorce information page.
The process usually follows this sequence
The timing of each stage depends on document accuracy, cooperation, court procedures, service, and scheduling. The following sequence describes the general path.
1. Confirm the correct type of case
The first review should determine whether the matter qualifies for a simplified dissolution or requires a regular dissolution.
The spouses should also confirm:
- At least one spouse has lived in Florida for more than six months
- The marriage is irretrievably broken
- The proper county and court division are being used
- All issues requiring resolution have been identified
- The parties understand what documents and disclosures may be required
A basic agreement may not be enough if there are substantial assets, complex debts, a business, retirement accounts, real estate, or support questions.
2. Prepare and file the petition
The filing spouse, or both spouses when permitted by the procedure, submits the petition and required forms to the Clerk of Court. Filing fees and local procedures can change, so confirm current requirements with the Broward County Clerk’s Family Division.
Filing the petition opens the court case. It does not mean the divorce is final.
The petition should use accurate legal names, addresses, residency information, marriage details, and facts about property, debts, support, and children. An incorrect or incomplete petition may need to be amended and could delay the next step.
3. Complete service or a valid waiver
In a regular dissolution, the other spouse must usually receive legal notice of the case. This may occur through formal service of process or through a properly completed response, waiver, or voluntary appearance when permitted.
A signed marital settlement agreement alone may not substitute for a filed response or valid waiver.
If formal service is necessary, the summons and petition must be delivered according to the applicable rules. In Broward County, the Clerk’s office explains that the filer may need to provide issued process documents to the selected sheriff or private process server. The electronic filing system does not necessarily arrange service or pay the service fee for you. Review the current Broward eFiling information before relying on a filing procedure.
Service problems can slow the case. An incorrect address, an unsuccessful service attempt, or a document that was not properly filed may require additional steps.
4. Complete financial disclosures and child-related documents
Financial information may be required even when both spouses agree. The required disclosures depend on the type of case, the issues involved, and any waiver that may be legally available.
When minor or dependent children are involved, the court may need to review:
- A parenting plan
- Time-sharing provisions
- Child support calculations
- Health insurance and uncovered medical expenses
- The child’s best interests and practical needs
Agreement does not eliminate every court requirement. A parenting plan or child support arrangement may require careful review even when there is no disagreement between the parents.
Missing disclosures, unsigned forms, incomplete financial schedules, or unclear child-related terms can prevent the case from moving to final judgment.
5. Observe the waiting period when required
For a regular dissolution, Florida law generally provides that a final judgment cannot be entered until at least 20 days after the original petition is filed. The 20 days generally run from filing, not from the date the agreement was signed and not from the date of service.
See Florida Statutes section 61.19 for the statutory waiting-period rule. A court may shorten the period if the required legal showing is made, but that possibility should not be treated as automatic.
The waiting period is only one part of the timeline. Required documents, service or waiver, financial disclosures, hearing procedures, and judicial availability must still be addressed.
6. Attend the final hearing or complete the approved submission process
A judge must review the case before entering a final judgment. Depending on the type of dissolution and local court procedure, the spouses may need to attend a final hearing together, or the case may proceed through an approved submission process.
In Broward County, family filings are handled through the Seventeenth Judicial Circuit. The court’s information on a petition for simplified dissolution describes local filing and hearing procedures. Confirm the current instructions because court operations and submission requirements can change.
At the final stage, the judge may review the petition, settlement agreement, financial information, parenting plan, and other required documents. If the documents are complete and the court approves the proposed terms, the judge may sign the final judgment.
The marriage is not dissolved until the final judgment is entered.
Simplified dissolution and regular uncontested dissolution are different
A simple uncontested divorce in Florida may refer to a simplified dissolution, but not every agreed case qualifies for that process.
Simplified dissolution
A simplified dissolution may be available when the legal requirements are met. Generally, the spouses must agree that the marriage is irretrievably broken and agree on property and debts. Other requirements commonly include:
- At least one spouse has lived in Florida for more than six months
- There are no minor or dependent children in common
- The wife is not pregnant
- Both spouses agree on the required issues
- Both spouses sign the petition and appear as required
The simplified procedure may have fewer steps. Broward County court information indicates that a qualifying, properly prepared case may sometimes be finalized on the same day. That is not a promise that every case will be completed that day. Missing forms, filing defects, judge availability, identification issues, or facts requiring a regular dissolution can change the process.
Regular uncontested dissolution
A regular dissolution may be necessary when the simplified requirements are not met. This can include cases involving minor children, pregnancy, more involved property or debt issues, support arrangements, or a spouse who will not proceed under the simplified procedure.
A regular case can still be uncontested. The spouses may agree on all issues and sign a complete settlement agreement. The case must still satisfy filing, service, disclosure, waiting-period, hearing, and final-judgment requirements.
Neither procedure is automatically better. The appropriate path depends on the marriage, the children, the property, the debts, the agreement, and the documents available.
Where Broward County family filings are handled
In Broward County, divorce cases are handled through the Family Division of the Seventeenth Judicial Circuit. The Broward County Clerk provides information about family filings, fees, eFiling, and self-service procedures.
Before filing, confirm:
- The correct courthouse or electronic filing method
- The current filing fee
- Whether any fee waiver process may apply
- The forms required for your type of dissolution
- Whether a hearing must be scheduled
- How copies, service, and notices must be handled
A website request or general court webpage does not protect a filing deadline. Confirm time-sensitive requirements directly with the court or through appropriate legal advice.
When an uncontested case stops being uncontested
A case may stop being fully uncontested if either spouse:
- Withdraws consent to the settlement
- Disputes property, debt, support, or parenting terms
- Refuses to sign required documents
- Files an answer or counterpetition raising different issues
- Challenges the accuracy or completeness of the agreement
This does not necessarily mean the divorce cannot proceed. It means the case may require a different process, additional negotiation, mediation, amended documents, or a contested hearing.
Do not sign revised terms or ignore a court deadline based on general website information. Review what changed, identify which issues remain unresolved, and confirm the next procedural step.
Common questions
Does signing the settlement agreement finalize the divorce?
No. The agreement may resolve the issues between the spouses, but the court must still receive the required filings and enter a final judgment.
Is there always a 20-day waiting period?
Not necessarily. The statutory waiting period generally applies to a regular dissolution, while a qualifying simplified case may follow a different local process. The facts and current court requirements control.
Does an uncontested divorce always avoid formal service?
No. A properly filed answer, waiver, or voluntary appearance may affect whether formal service is needed, but a signed settlement agreement by itself may not be enough.
How long does an uncontested divorce take in Florida?
There is no universal timeline. A qualifying simplified case may move quickly, while a regular case may take longer because of the 20-day waiting period, document review, service, financial disclosures, parenting issues, or hearing availability.
Discuss the next step with an attorney
The Law Offices of Conwade D. Lewis, P.A. can review whether your circumstances may fit an uncontested process, what documents may be required, and which issues need clarification before filing.
Attorney Conwade D. Lewis has been a Florida Bar member since 1992. The office offers a free initial consultation and direct attorney access rather than routing every question through intake staff.
You may request a consultation and bring your questions, agreement, court papers, and relevant deadlines. The consultation can help identify possible next steps, but submitting a website form does not create an attorney-client relationship, does not constitute representation, and does not protect a deadline. Review the office’s legal disclaimer before relying on general website information.