How to File Uncontested Divorce in Cape Coral FL: $750

To file an uncontested divorce in Cape Coral, one spouse must have lived in Florida for at least 6 months (F.S. 61.021), then file a Petition for Dissolution of Marriage with the Lee County Clerk of Court through the 20th Judicial Circuit. Our firm prepares the full case for a $750 flat attorney fee (Lee County court costs of about $408-$410 and notary are separate).

Cape Coral is Florida's largest city by land area and one of the fastest-growing communities in Lee County, which means the local family courts see a steady volume of dissolution cases every year. If you and your spouse agree on every issue, you do not need a contested, retainer-based case to get divorced. This guide walks through exactly how to file an uncontested divorce in Cape Coral, which forms you need, where they go, and what each step costs, so you can move from filing to a Final Judgment of Dissolution with confidence.

What Does It Mean to File an Uncontested Divorce in Cape Coral?

An uncontested divorce means both spouses agree on all issues before the case is filed: division of property, allocation of debts, time-sharing and parental responsibility for any minor children, child support, and alimony. Florida is a no-fault state under F.S. 61.052, so the only ground is that the marriage is "irretrievably broken" — you never prove adultery, abandonment, or cruelty, and you do not need your spouse's permission to end the marriage.

When spouses agree, the case is resolved on paper through a written Marital Settlement Agreement rather than through litigation. That is the difference that makes a flat fee possible. Our firm handles uncontested Florida divorces for a $750 flat attorney fee — the same price in Cape Coral, in Lee County, and in all 67 Florida counties statewide. If you and your spouse cannot agree on even one issue, the case becomes contested, mandatory mediation and hearings enter the picture, and the flat fee no longer applies.

For a full cost breakdown, see our companion guide, Uncontested Divorce Cost Cape Coral FL: $750 Flat Fee.

Where Do You File for Divorce in Cape Coral?

Cape Coral sits in Lee County, which is served by the 20th Judicial Circuit (the same circuit covers Charlotte, Collier, Glades, and Hendry counties). You file your Petition for Dissolution of Marriage with the Lee County Clerk of Court, and the case is heard in the circuit civil/family division. The main courthouse is the Lee County Justice Center in downtown Fort Myers, about 15 miles from central Cape Coral.

Florida moved to mandatory electronic filing years ago, so nearly all uncontested cases are submitted through the Florida Courts E-Filing Portal at myflcourtaccess.com rather than in person. You can register a free account, upload your petition and supporting documents, and pay the county filing fee online. Self-represented residents can also use the Lee County Clerk's family law self-help resources and the statewide forms library at flcourts.gov, but a licensed attorney preparing the package removes the guesswork on which forms actually apply to your situation.

For uncontested cases in the 20th Judicial Circuit, the court typically still holds a brief final hearing to enter the Final Judgment, though procedures vary and some matters proceed with limited or no in-person appearance. The judge — not the parties — controls scheduling.

What Are the Two Ways to File an Uncontested Divorce in Florida?

Florida offers two uncontested paths, and choosing the right one is the first real decision in your case. The simplified path is faster but restrictive; the regular uncontested path is flexible and covers most families.

Simplified Dissolution

Simplified dissolution under F.S. 61.052(2) uses the Petition for Simplified Dissolution of Marriage, Form 12.901(a). It is available only when there are no minor or dependent children, neither spouse is pregnant, neither spouse seeks alimony, and both agree on how to divide property and debts. Both spouses must sign the petition and both must appear at the final hearing. In exchange for speed, you waive the right to a trial and the right to financial disclosure from the other spouse.

Regular Uncontested Dissolution

Regular uncontested dissolution is used when there are minor children, when alimony is involved, or when one spouse cannot appear at a hearing. You file the Petition for Dissolution of Marriage — Form 12.901(b)(1) when there is property but no dependent or minor children, or Form 12.901(b)(2) when there are children. The case is resolved through a written Marital Settlement Agreement, plus a Parenting Plan if you share children.

Simplified Dissolution vs. Regular Uncontested: Which Fits Your Cape Coral Case?

Both paths cost the same $750 flat attorney fee with our firm. The right choice depends on your facts, and part of what our office does is confirm which path your case actually qualifies for before anything is filed.

How Do You File an Uncontested Divorce in Cape Coral Step by Step?

Here is the typical sequence for a Cape Coral / Lee County uncontested case:

Our firm can prepare every document in steps 2 through 4 and guide you through filing and the hearing, all within the $750 flat fee. To see how this maps onto our full-service process, read Uncontested Divorce Cape Coral FL: $750 Flat Fee (2026).

What Forms Do You Need to File in Lee County?

Florida uses standardized family law forms available at flcourts.gov. The core documents for a Cape Coral uncontested case include:

• Petition — Form 12.901(a), 12.901(b)(1), or 12.901(b)(2) depending on your path and whether you have children.
• Marital Settlement Agreement — the centerpiece contract covering property, debts, time-sharing, child support, and alimony. Form 12.902(f)(3) is the standard MSA for simplified dissolution.
• Family Law Financial Affidavit — Form 12.902(b) (income under a statutory threshold) or Form 12.902(c) (higher income), generally due within 45 days of service unless jointly waived.
• Notice of Joint Verified Waiver of Filing Financial Affidavits — Form 12.902(k), authorized under Florida Family Law Rule 12.285, when both spouses agree to waive filing the affidavits.
• Parenting Plan — required in any case with minor children under F.S. 61.13, specifying the time-sharing schedule and how decisions on education, healthcare, and activities are made.
• Final Judgment of Dissolution of Marriage — the order the judge signs to end the marriage.

A missing or incomplete form is one of the most common reasons an otherwise agreeable case stalls in the clerk's office. An attorney-prepared package is checked for completeness before it is filed.

How Much Does It Cost to File in Cape Coral?

There are two separate money items in every Cape Coral divorce: the attorney fee and the court costs.

Our attorney fee is a flat $750 to prepare and handle your uncontested case statewide. The Lee County court filing fee for a Petition for Dissolution of Marriage is set by the local clerk and is typically about $408-$410, with an additional charge if minor children are involved. Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of August 2026, verify the current amount with the Lee County Clerk of Court.

If you cannot afford the filing fee, Florida allows you to file a Motion to Defer Filing Fees (Form 12.902(a)), which the clerk reviews based on your income.

How Long Does an Uncontested Divorce Take in Cape Coral?

Florida has no mandatory statutory waiting period after filing — the marriage can be dissolved as soon as the paperwork is complete and the court can hear it. In practice, the timeline is driven by two things: how quickly you and your spouse finalize and sign the Marital Settlement Agreement, and how soon the 20th Judicial Circuit can schedule your brief final hearing.

Most cooperative uncontested cases move from filing to Final Judgment in roughly a few weeks to a couple of months, but this is a typical range, not a guarantee — the court controls the docket, and hearing availability in Lee County fluctuates. Cases with children, more complex assets, or scheduling conflicts naturally take longer. We cannot promise a specific date, but keeping every form complete and correct from the start is the single biggest factor within your control.

Should You Use an Online Form Service or a Florida Attorney?

For "cheapest divorce" or "online divorce" searches, the real comparison is between a licensed Florida attorney and a non-lawyer document service. Non-lawyer typing or form-filling services can hand you blank forms, but by law they cannot give legal advice, cannot tell you which uncontested path fits your facts, and cannot catch a substantive error in your Marital Settlement Agreement or Parenting Plan. If the agreement is incomplete or contradicts Florida law, the mistake usually surfaces at the worst possible time — at the hearing or after the judgment.

With our firm, a licensed Florida attorney prepares and reviews your documents, confirms your case actually qualifies as uncontested, ensures the MSA and any Parenting Plan are complete, and answers your legal questions — all for the same flat $750 fee. That is full legal representation at a transparent, predictable price, not a stack of blank forms. An uncontested flat-fee divorce is a strong fit when both spouses genuinely agree and the assets are straightforward; when there is real disagreement or complexity, that is a sign the case may need a different approach.

Frequently Asked Questions

See the FAQ section below for detailed answers on residency, forms, timing, and our flat fee.

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.