Convert a Contested Divorce to Uncontested in Florida

Most Florida divorces that start out contested do not go to trial. You can convert a contested divorce to an uncontested one at any point before final judgment by reaching a written Marital Settlement Agreement (MSA) that resolves every issue — property, debts, time-sharing, child support, and alimony. Florida mediation settles roughly 70-80% of contested cases. Once both spouses sign, our firm can finish the uncontested case for a $750 flat attorney fee (court costs ~$408-$410 and notary are separate).

What Does It Mean to Convert a Contested Divorce to Uncontested in Florida?

In Florida, a divorce is "contested" when the spouses disagree about one or more issues — how to divide marital property under Florida Statute 61.075, whether alimony is owed under F.S. 61.08, or the parenting plan and time-sharing schedule under F.S. 61.13. A divorce is "uncontested" only when both spouses agree on ALL of those issues.

Converting a contested case to uncontested does not require refiling or dismissing your case. You resolve the open disputes — usually through negotiation, mediation, or attorney-to-attorney settlement talks — and document the terms in a written, signed Marital Settlement Agreement. That agreement is filed with the circuit court where the case is already pending, and the case proceeds to a short uncontested final hearing instead of a trial.

The legal ground for the divorce itself never changes. Florida is a no-fault state under F.S. 61.052, and the only ground is that the marriage is "irretrievably broken." What changes when you convert the case is the path to Final Judgment: settlement replaces litigation, and the judge approves your agreement rather than deciding contested issues for you.

Can You Convert a Contested Divorce to Uncontested at Any Stage?

Yes. You can convert a contested divorce to uncontested at almost any point before the judge enters the Final Judgment of Dissolution of Marriage. Florida law encourages settlement throughout the case, and courts routinely approve agreements reached the week before — or even the morning of — a scheduled trial.

Common conversion points include:

• After the initial Petition and Answer are filed, once emotions cool and each spouse understands the other's position.
• After mandatory financial disclosure under Florida Family Law Rule 12.285, when both spouses can see the full financial picture (income, assets, and debts) and negotiate realistically.
• At or after mediation, which is required before trial in most contested Florida cases under Florida Family Law Rule 12.740.
• During pretrial settlement conferences, when a judge or the attorneys push the parties toward compromise.

The practical takeaway: it is rarely "too late" to settle. Even a case that has been contested for a year can be converted to uncontested in a matter of weeks once the spouses sign a complete MSA. Because a contested trial in Florida can stretch 12 to 24 months, converting early usually saves months of time and thousands of dollars in fees. If you and your spouse have already reached agreement, see our amicable divorce in Florida guide for what the uncontested path looks like.

How Do You Settle a Divorce Out of Court in Florida?

To settle a divorce out of court in Florida, the spouses (usually with their attorneys) negotiate every disputed issue and reduce the terms to a written Marital Settlement Agreement. There are three main routes to that agreement, and they often overlap.

1. Direct Negotiation

The simplest route is direct negotiation — the spouses, or their attorneys, exchange proposals until they agree. This works best when the disputes are narrow (for example, who keeps the house, or how to split a 401(k)). Attorney-to-attorney negotiation keeps the process professional and ensures each proposal complies with Florida law before anyone signs.

2. Mediation

Mediation is the most common way contested Florida divorces convert to uncontested. A neutral, Florida Supreme Court-certified family mediator meets with both spouses (and their attorneys) and helps them find middle ground. Under Florida Family Law Rule 12.740 and F.S. 61.183, courts refer most contested divorces to mediation before trial. Florida mediation resolves an estimated 70-80% of cases.

If mediation produces agreement on some or all issues, the mediator prepares a written Mediated Settlement Agreement that both spouses sign on the spot. Mediation costs typically run $200-$350 per party, and a judge may waive the requirement for reasons such as a history of domestic violence or inability to pay. Our divorce mediation in Florida guide explains when mediation is worth it and when a case is already close enough to settle without it.

3. Collaborative Settlement or Settlement Conferences

Some spouses use a pretrial settlement conference or a collaborative process to resolve remaining issues. However you reach agreement, the result must be captured in writing and signed to become enforceable.

A critical Florida rule: a settlement is not binding until it is reduced to writing and signed by both parties. Verbal "deals" and handshake agreements are not enforceable in a Florida dissolution. Once signed, though, a mediated settlement agreement is very difficult to undo — Florida courts will set one aside only for fraud, misrepresentation, coercion, or overreaching, not because a spouse later regrets the terms.

What Goes Into the Marital Settlement Agreement?

The Marital Settlement Agreement is the document that actually converts your case from contested to uncontested. It is the centerpiece of the uncontested divorce, and it must comprehensively resolve every issue the court would otherwise decide at trial.

A complete Florida MSA addresses:

• Equitable distribution of marital property and debts under F.S. 61.075 — who keeps the home, vehicles, bank accounts, retirement accounts, and who pays which debts. Florida divides marital property fairly, not necessarily 50/50.
• Alimony under F.S. 61.08 — whether either spouse pays support and, if so, the type (bridge-the-gap, rehabilitative, or durational), amount, and duration. Spouses may agree to waive alimony entirely in the MSA.
• Time-sharing and parental responsibility under F.S. 61.13, incorporated into a Parenting Plan when there are minor children. Florida uses "time-sharing" and "parental responsibility," never "custody."
• Child support calculated under the F.S. 61.30 guidelines, supported by a Child Support Guidelines Worksheet.

For cases with minor children, the MSA must be accompanied by a Parenting Plan that specifies the time-sharing schedule and how the parents will make decisions about the child's education, healthcare, and activities. A vague or incomplete MSA is one of the most common reasons a "settled" case stalls at the final hearing. For a deeper look at how assets are split, review our property division in uncontested divorce guide.

Which Uncontested Path Applies After You Settle?

Once your case is settled, it follows one of two uncontested tracks in Florida. The right track depends on your circumstances — mainly whether you have minor or dependent children and whether both spouses can appear at the final hearing.

Simplified Dissolution

Simplified dissolution under F.S. 61.052(2) uses Form 12.901(a) (Petition for Simplified Dissolution of Marriage). It is the fastest path, but it is available only if:

• There are NO minor or dependent children (and the wife is not pregnant).
• Neither spouse is seeking alimony.
• Both spouses agree on the division of all property and debts.
• Both spouses appear together at the final hearing.

Simplified dissolution waives the right to a trial and the right to obtain financial disclosure from the other spouse, so it is best suited to short, simple marriages with full agreement.

Regular Uncontested Dissolution

Most converted cases use the regular uncontested track, which relies on Form 12.901(b)(1) (dissolution with property but no dependent or minor children) or Form 12.901(b)(2) (dissolution with dependent or minor children). This is the path when there are children, alimony, or when one spouse cannot appear at the hearing. It is resolved through the written Marital Settlement Agreement and, when children are involved, a Parenting Plan. See our simplified dissolution guide for a side-by-side of the two options.

Comparison: Contested Trial vs. Converted Uncontested Divorce

What Are the Steps to Uncontest a Divorce in Florida?

Once you and your spouse have agreed on everything, converting the case to uncontested follows a clear sequence:

Florida imposes no mandatory waiting period after filing, and there is no minimum-days requirement between filing and final judgment for an uncontested case — though at least one spouse must have been a Florida resident for 6 months before filing under F.S. 61.021. Standardized forms are available at flcourts.gov. If you want a full document walkthrough, our uncontested divorce checklist lists every form and step in order.

How Much Does It Cost to Convert a Contested Divorce to Uncontested?

Once your case is settled, the cost drops dramatically compared to litigating to trial. Our firm prepares and finalizes an uncontested Florida divorce for a $750 flat attorney fee — the same price statewide, in every one of Florida's 67 counties. That fee covers preparing and reviewing your uncontested divorce documents, ensuring the MSA and any Parenting Plan are complete, and answering your legal questions through final judgment.

Separate costs the client pays directly:

• Court filing fee: typically about $408-$410, set by each county clerk. Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of July 2026, verify the current amount with your local clerk.
• Notary fees: separate, roughly $50 per session.
• Mediation fees (if you settle through mediation): commonly $200-$350 per party.
• Process server fee (if the other spouse must be formally served): about $40-$75.

The $750 flat fee is the same whether or not you have minor children — with children, the package simply adds the Parenting Plan, child support guidelines worksheet, and UCCJEA affidavit. Because we are a licensed Florida firm, an attorney (not a non-lawyer typing service) prepares and reviews your documents. Non-lawyer document-preparation services cannot give legal advice or catch substantive errors in your MSA or parenting plan; a flat-fee attorney-prepared uncontested divorce gives you full representation without the open-ended hourly billing of a contested case. To see how the flat fee compares to hourly retainers, read do you need a lawyer for an uncontested divorce in Florida.

Frequently Asked Questions

(FAQ answers appear in the FAQ section below.)

Disclaimer

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.