The Florida uncontested divorce process has seven stages: confirm you qualify, settle every issue in writing, exchange financial disclosures, prepare the court forms, finish the parenting course if you have minor children, file with the Clerk of the Circuit Court, and attend a final hearing where a judge signs the judgment. Florida law bars a final judgment until at least 20 days after the petition is filed, so the earliest possible finish is about three weeks after filing. Court forms, fees and local procedures change, so confirm each step with the court clerk or an attorney.
An uncontested divorce is one where both spouses agree on every issue. Even then, an agreement alone does not end the marriage: a court has to approve it.
Uncontested divorce vs. simplified dissolution
Florida has two routes for spouses who agree. A regular uncontested case follows the seven steps below and works with or without children. The simplified dissolution procedure is a shorter track, and under Florida Family Law Rule 12.105 the spouses must certify under oath that:
- they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant;
- they have made a satisfactory division of their property and agreed on payment of their joint obligations; and
- the other facts in the court-approved petition form (Form 12.901(a)) are true.
Both spouses must appear before the judge in every simplified case. Spouses who cannot sign those statements, for example because they have a child under 18, use the regular process. For a closer look at filing without a lawyer, see pro se divorce in Florida.
Florida uncontested divorce steps
1. Check the basics
Florida is a no-fault state: the usual ground is that the marriage is irretrievably broken (Florida Statutes section 61.052). At least one spouse generally must have lived in Florida for six months before filing (section 61.021). File in the county where you live, such as Hillsborough County for most Tampa residents.
2. Reach an agreement
Spouses settle property, debts, alimony and, if there are minor children, a parenting plan and child support. This can happen through direct talks, mediation or lawyers. The result is usually a written Marital Settlement Agreement. Gathering your documents first makes this faster; the guide on how to prepare for divorce mediation in Tampa lists what to bring.
3. Exchange financial disclosures
Spouses exchange financial information and file the sworn financial documents the court requires. Under Florida Family Law Rule 12.285, each side serves a financial affidavit (the short form 12.902(b) if gross annual income is under $50,000, the long form 12.902(c) if it is $50,000 or more) plus supporting documents within 45 days of service of the initial pleading. The documents include:
- personal income tax returns for the past three years
- pay stubs or other proof of earned income for the last six months
- bank and brokerage statements for the last 12 months
- retirement account statements for the last 12 months
- credit card and loan records for the last 24 months
Each party then files a certificate of compliance (Form 12.932). The rule does not apply to simplified dissolutions. Spouses can also be excused from the financial affidavit if they have no minor children and no support issues, file a written settlement agreement covering all financial issues, and are seeking a simplified dissolution, or if both file a notice of joint verified waiver after exchanging sworn affidavits. If you have children, child support calculations use the state guidelines worksheet (Form 12.902(e)), which the parties cannot waive.
4. Prepare the court forms
- A petition for dissolution of marriage, and a response or waiver if the case is uncontested
- Affidavits about the children and the custody jurisdiction, if you have minor children
- The parenting plan and child support worksheet
- Any special paperwork, such as a Qualified Domestic Relations Order for a retirement plan or a deed for real property
The Florida Courts website publishes family law forms and instructions for people without lawyers. Local courts sometimes add their own requirements. If a retirement plan is being divided, see the QDRO guide before you sign the agreement.
5. Complete the parenting course
Under section 61.21, every party to a divorce involving minor children must complete a court-approved parent education course before the final judgment. The course must be at least four hours. The spouse who files has 45 days after filing the petition; the other spouse has 45 days after being served. Each parent files proof of completion with the court, and the court can excuse a parent for good cause. Choose a course accepted by the court where you are filing.
6. File and pay the fee
Forms are filed with the Clerk of the Circuit Court, along with the filing fee, which is set by statute and can vary by county. In Hillsborough County you can file through the Florida Courts E-Filing Portal or in person at a Clerk location, and the Clerk asks filers to identify the court division (Tampa or East) with its Judicial Division Lookup tool. The Clerk gives procedural help only, not legal advice. For the wider cost picture, see what divorce mediation costs in Florida.
7. Final hearing
The court sets a hearing, and the earliest date it can enter judgment is 20 days after the petition was filed unless the judge finds that waiting would cause injustice (section 61.19). In uncontested cases the hearing may be short. The judge reviews the agreement and, if it is acceptable, signs the final judgment. Judges look carefully at terms involving children, including support amounts that differ from the guidelines. Hillsborough filers can follow their case and any notice of hearing online through the Clerk's HOVER system.
Florida uncontested divorce timeline
The statute sets only a minimum: 20 days from filing to judgment. Everything else depends on how fast the spouses sign the agreement and finish disclosures, how quickly the other spouse is served or signs a waiver, and how soon the judge's calendar has an opening. Two deadlines can run on their own clock once the case is filed: financial disclosure within 45 days of service, and the parenting course within 45 days of filing or service. Because the total varies from case to case, plan around those deadlines rather than a fixed number of weeks.
Florida uncontested divorce with children
Children add four requirements to the process above: the parenting course, a parenting plan, a child support worksheet and custody-jurisdiction affidavits. Under section 61.13, an approved parenting plan must, at a minimum, describe how the parents will handle daily tasks, set a time-sharing schedule, say who handles health care and school matters, describe the methods the parents will use to communicate with the child, and designate exchange locations unless both parents agree otherwise in writing. The court generally orders shared parental responsibility unless it finds that would harm the child. Parents who agree on all of this can still have the court question terms it finds are not in the child's interests. For more on writing the plan and the support figures, see Florida parenting plans and child support in a Tampa divorce.
When to get help
Retirement accounts, a family business, military benefits or large differences in income can complicate an agreement. A Florida family law attorney can advise on those issues, and a CPA can explain tax consequences. Free or reduced-cost help may be available to eligible low-income Hillsborough residents through the legal aid groups the Clerk lists, including Bay Area Legal Services and Gulf Coast Legal Services. For background, read how mediation works and the FAQ.
Frequently Asked Questions
How long does an uncontested divorce take in Florida?
The earliest a judge can enter a final judgment is 20 days after the petition is filed, unless the court finds that waiting would cause injustice. In practice the date depends on how quickly the agreement, disclosures and forms are complete and on the court's calendar.
Do both spouses have to go to court?
In a simplified dissolution, both spouses must appear before the judge. In a regular uncontested case, check with the clerk or the assigned judge's procedures on whether one or both of you must attend the final hearing, because practice varies by court.
Can we get an uncontested divorce in Florida if we have children?
Yes, but not through the simplified dissolution procedure. You file a regular petition with a parenting plan, a child support worksheet and custody affidavits, and both parents complete a court-approved parenting course of at least four hours before the final judgment.
Do we need a lawyer for an uncontested divorce?
Not necessarily: the Florida Courts website and the Hillsborough Clerk offer forms and instructions for self-represented people. The Clerk can help with procedure but cannot give legal advice, so a lawyer is worth consulting if assets, children or taxes make the agreement complicated.
What is the residency requirement for a Florida divorce?
At least one spouse must have lived in Florida for six months before the petition is filed. You then file in the county where you live.