To file an uncontested divorce in Florida, one spouse must have lived in the state for at least 6 months (F.S. 61.021), then file a Petition for Dissolution of Marriage with the circuit court clerk through the E-Filing Portal at myflcourtaccess.com. Court filing fees run about $408-$410. Divorce Law PLLC prepares uncontested divorces for a $750 flat attorney fee statewide (court costs and notary separate).

What Is an Uncontested Divorce in Florida?

An uncontested divorce in Florida is a dissolution of marriage where both spouses agree on every issue: division of property and debts, time-sharing and parental responsibility for any minor children, child support, and alimony. Florida is a no-fault state under Florida Statute F.S. 61.052, meaning the only ground is that the marriage is "irretrievably broken" — you do not prove adultery, abandonment, or cruelty.

Because the spouses already agree, there is no trial, no contested discovery battle, and usually only one short final hearing. This is the fastest and most affordable way to end a marriage in Florida. If spouses cannot agree on even one issue — for example, who keeps the house or how holidays are split — the case becomes contested, and a different, more involved process applies. Florida has no mandatory waiting period after filing (0 days), so an uncontested case can move as quickly as the court's calendar allows.

If your situation is more complicated, our guides on contested divorce in Florida and divorce mediation in Florida explain those paths.

How to File an Uncontested Divorce in Florida: Step-by-Step

Here is the complete process to file an uncontested divorce in Florida, from confirming eligibility to receiving your Final Judgment. Each step is self-contained so you can follow them in order.

Confirm 6-month residency. Under F.S. 61.021, at least one spouse must have resided in Florida for 6 months immediately before filing. Prove residency with a Florida driver's license, Florida voter registration, or a corroborating witness affidavit (Form 12.902(i)). Military members stationed in Florida satisfy the same requirement.
Choose the correct path and forms. Decide between a Simplified Dissolution (no minor children, no alimony, both spouses appear) under F.S. 61.052(2), or a Regular Uncontested Dissolution (children, alimony, or one spouse cannot appear). The path determines which petition form you use.
Complete the forms. Fill out your petition, the Marital Settlement Agreement, and — if you have minor children — a Parenting Plan. All Florida Supreme Court Approved Family Law Forms are free at flcourts.gov. Sign documents that require notarization before a notary ($50/session is typical and separate from attorney fees).
File with the Clerk through the E-Filing Portal. Submit your petition and supporting documents to the circuit court clerk in the county where either spouse resides, using the Florida Courts E-Filing Portal at myflcourtaccess.com. Pay the county filing fee (about $408-$410 as of June 2026).
Serve your spouse or file jointly. In a Simplified Dissolution, both spouses file together and sign the petition, so formal service is not required. In a Regular Uncontested case where one spouse files first, the other must be served (or sign Form 12.902(a) waiving formal service) and has 20 days to file an Answer.
Exchange or waive financial disclosure. Each spouse generally must file a Family Law Financial Affidavit (Form 12.902(b) short form or 12.902(c) long form) within 45 days. In an uncontested case, both spouses may agree to waive filing the affidavits by filing Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits.
Attend the final hearing. The clerk schedules a brief final hearing. In a Simplified Dissolution, both spouses must appear. In a Regular Uncontested case, often only the petitioner needs to attend to testify that the marriage is irretrievably broken and that the agreement is fair.
Receive your Final Judgment. The judge reviews the Marital Settlement Agreement and Parenting Plan, then signs the Final Judgment of Dissolution of Marriage. Your divorce is final on the date the judge signs. The clerk provides certified copies for your records.

For a deeper walkthrough of the entire court process, see our Florida divorce process step-by-step guide.

Simplified Dissolution vs. Regular Uncontested Dissolution

Florida offers two uncontested paths. The simplified route is faster but more restrictive, while the regular uncontested route handles children and alimony. The table below compares them.

FeatureSimplified Dissolution (F.S. 61.052(2))Regular Uncontested Dissolution
Petition form12.901(a)12.901(b)(1) no children / 12.901(b)(2) with children
Minor or dependent childrenNot allowedAllowed (Parenting Plan required)
AlimonyNeither spouse seeks alimonyAllowed (may be agreed or waived in MSA)
Both spouses must appear at final hearingYesOften only petitioner appears
Financial disclosureWaived by bothRequired, or waived via Form 12.902(k)
Right to trial / appealWaivedPreserved unless settled
Typical speedFastestFast, slightly more paperwork

The simplified path trades speed for the loss of certain rights — you give up the right to a trial and to compel financial disclosure from your spouse. For many spouses with children or any support question, the regular uncontested path is the safer fit even though it involves a few more forms.

Which Florida Divorce Forms Do You Need?

Florida uses standardized Florida Supreme Court Approved Family Law Forms, all available free at flcourts.gov. The exact form you need depends on your path and whether you have children. Here are the core forms for an uncontested case.

Form NumberNameUsed For
12.901(a)Petition for Simplified Dissolution of MarriageStarting a simplified case (no children, no alimony)
12.901(b)(1)Petition for Dissolution with Property but No Dependent or Minor ChildrenRegular uncontested, no children
12.901(b)(2)Petition for Dissolution with Dependent or Minor ChildrenRegular uncontested, with children
12.902(f)(3)Marital Settlement AgreementDocumenting agreement on property, debts, support
12.902(b)Family Law Financial Affidavit (Short Form)Income under $50,000/year
12.902(c)Family Law Financial Affidavit (Long Form)Income $50,000/year or more
12.902(k)Notice of Joint Verified Waiver of Filing Financial AffidavitsBoth spouses agree to waive filing affidavits

Filing itself is done electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com. Self-represented filers can register for a free portal account, and attorneys who file on your behalf submit through the same system.

Where Do You File for Divorce in Florida?

You file your Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. Florida has 67 counties grouped into 20 judicial circuits, and each county clerk handles filings for its circuit court. For example, a Miami-Dade resident files in the Eleventh Judicial Circuit, while a Jacksonville resident files in the Fourth Judicial Circuit (Duval County).

You do not have to file in the county where you married — residency is what matters. If you and your spouse live in different Florida counties, you may generally file in either spouse's county of residence. Our firm represents clients in all 67 Florida counties statewide, and the $750 flat attorney fee is the same in every county.

For county-specific guidance, see our local guides for Miami-Dade County, Broward County, and Orange County (Orlando).

How Much Does It Cost to File an Uncontested Divorce in Florida?

The total cost of an uncontested divorce in Florida has two main parts: court costs (paid to the clerk) and attorney fees (if you hire a lawyer to prepare your documents). The county filing fee for a dissolution of marriage typically runs about $408-$410, with a small additional fee in some counties when minor children are involved.

Divorce Law PLLC prepares a complete uncontested divorce for a $750 flat attorney fee — the same price in all 67 Florida counties (court costs ~$408-$410 and notary ~$50/session are separate). That flat fee covers preparing and reviewing your petition, Marital Settlement Agreement, and Parenting Plan, and answering your legal questions through the process. Additional possible costs include a process server ($40-$75) if your spouse must be formally served.

If you cannot afford the filing fee, you may file a Motion to Defer Filing Fees (Form 12.902(a)). For a fuller cost breakdown, see our guides on the uncontested divorce cost in Florida and the flat-fee divorce in Florida.

Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk.

How Long Does It Take to File and Finalize?

Florida has no mandatory waiting period after filing (0 days), so the timeline depends mostly on the court's calendar and how quickly the paperwork is completed and served. A simplified dissolution where both spouses cooperate can sometimes finalize in as little as 4-5 weeks, though many counties take longer to set a final hearing.

A regular uncontested dissolution typically takes a bit longer — often 6-12 weeks — because of the 20-day Answer period (when service is required) and the 45-day financial disclosure window (unless waived via Form 12.902(k)). The court controls scheduling, so no firm can guarantee an exact date.

For a detailed timeline, read how long an uncontested divorce takes in Florida.

Can You File an Uncontested Divorce Yourself?

You can file an uncontested divorce yourself using the free forms at flcourts.gov — Florida designed its self-help forms for exactly that purpose. Many people successfully complete a simplified dissolution on their own when there are no children, no alimony, and a clean asset split.

The risk is in the substance, not the typing. The Marital Settlement Agreement is a binding contract; an incomplete or ambiguous MSA, a defective Parenting Plan, or a child support figure that does not follow the F.S. 61.30 guidelines can be rejected by the judge or cause problems later. Non-lawyer document-preparation or "typing" services can fill in forms but cannot give legal advice or catch substantive errors.

Full representation by a licensed Florida attorney means your documents are prepared and reviewed by a lawyer who ensures the MSA and parenting plan are complete and answers your legal questions. That is the value our firm offers at a flat $750 fee — not that self-help is forbidden, but that an attorney-prepared uncontested divorce removes the guesswork. To compare your options, see the cheapest way to get a divorce in Florida and online divorce in Florida.

What Goes Into the Marital Settlement Agreement?

The Marital Settlement Agreement (MSA) is the centerpiece of most uncontested cases — the standard form is Form 12.902(f)(3). It is the written contract that resolves every issue so the judge can approve your divorce without a trial. A complete MSA must address:

  • Division of marital property under equitable distribution (F.S. 61.075) — who keeps the home, vehicles, bank accounts, and retirement assets.
  • Division of marital debts — credit cards, loans, and the mortgage.
  • Time-sharing and parental responsibility for any minor children, consistent with the Parenting Plan and the equal time-sharing presumption (F.S. 61.13, effective July 1, 2023).
  • Child support calculated under the F.S. 61.30 guidelines.
  • Alimony — bridge-the-gap, rehabilitative, or durational under F.S. 61.08, or an agreed waiver of alimony.

Because permanent alimony was eliminated by SB 1416 effective July 1, 2023, any support terms must fit the current statutory framework. A poorly drafted MSA is the most common reason an otherwise uncontested case stalls.

A Note From the Author

I have practiced Florida family law since 2006, including a period as a prosecutor before focusing on divorce. In that time, the uncontested cases that go smoothly almost always share one trait: the paperwork was right the first time. The cases that drag on usually have a Marital Settlement Agreement that left a gap — a forgotten retirement account, a vague holiday schedule, or a child support number that did not match the guidelines. Getting those details right up front is the whole point of the flat-fee uncontested service. — Antonio G. Jimenez, Esq., Florida Bar No. 21022, Divorce Law PLLC.

Frequently Asked Questions

See the FAQ section below for answers to the most common questions about how to file an uncontested divorce in Florida.

Legal Disclaimer

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. Divorce Law PLLC 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.

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About the Author

Antonio G. Jimenez, Esq.

Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

Have questions? Ask Victoria AI

Frequently Asked Questions

How much does it cost to file an uncontested divorce in Florida?

The total has two parts. First, the county filing fee paid to the clerk, which is typically about $408-$410 as of June 2026 (a small additional fee may apply in some counties when minor children are involved). Second, attorney fees if you hire a lawyer. Divorce Law PLLC prepares a complete uncontested divorce for a $750 flat attorney fee, the same price in all 67 Florida counties (court costs ~$408-$410 and notary ~$50/session are separate). Other possible costs include a process server ($40-$75) if formal service is required. Court filing fees are set by each county clerk and are separate from our flat attorney fee — verify the current amount with your local clerk.

What is the difference between a simplified and a regular uncontested divorce?

A Simplified Dissolution under F.S. 61.052(2) uses Form 12.901(a) and is available only when there are no minor or dependent children, neither spouse seeks alimony, and both spouses appear at the final hearing. It is faster but waives the right to a trial and to financial disclosure from your spouse. A Regular Uncontested Dissolution uses Form 12.901(b)(1) (no children) or 12.901(b)(2) (with children) and is used when there are children, alimony, or one spouse cannot appear. It is resolved through a written Marital Settlement Agreement and, if children are involved, a Parenting Plan, and preserves more procedural rights.

Where do I file for divorce in Florida?

You file your Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. Florida has 67 counties grouped into 20 judicial circuits, and each county clerk handles filings for its circuit court. You do not have to file where you married — residency is what controls. If you and your spouse live in different Florida counties, you may generally file in either spouse's county of residence. Filing is done electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com. Our firm represents clients in all 67 Florida counties, and the $750 flat attorney fee is the same statewide.

How long does residency have to be before I can file?

Under F.S. 61.021, at least one spouse must have been a Florida resident for at least 6 months immediately before filing the petition for dissolution. You prove residency with a Florida driver's license, Florida voter registration, or a sworn corroborating witness affidavit (Form 12.902(i)). Military personnel stationed in Florida satisfy the residency requirement under the same statute. Residency is not the same as domicile — even owning property in Florida is not enough without meeting the 6-month requirement. If neither spouse meets it, you must wait until the requirement is satisfied or file in another qualifying jurisdiction. See our residency guide for full details.

Can I file an uncontested divorce in Florida myself?

Yes. Florida publishes free, self-help family law forms at flcourts.gov, and many people complete a simplified dissolution on their own when there are no children, no alimony, and a clean asset split. The risk is in the substance, not the typing: the Marital Settlement Agreement is a binding contract, and an incomplete MSA, a defective Parenting Plan, or a child support figure that does not follow the F.S. 61.30 guidelines can be rejected by the judge. Non-lawyer document-preparation services can fill in forms but cannot give legal advice or catch substantive errors. Full representation by a licensed Florida attorney ensures your documents are complete and your legal questions are answered.

Do both spouses have to agree for a divorce to be uncontested?

Yes. An uncontested divorce means both spouses agree on every issue: division of property and debts, time-sharing and parental responsibility for any minor children, child support, and alimony. If spouses disagree on even one issue, the case is contested and the flat fee does not apply. Note, however, that Florida is a no-fault state under F.S. 61.052 — you do not need your spouse's consent to get divorced. If one spouse states the marriage is irretrievably broken, the court will proceed. The distinction is that uncontested means agreement on the terms, not merely that both want the divorce.

What forms do I need to file an uncontested divorce in Florida?

The core forms are the petition (Form 12.901(a) for simplified, or 12.901(b)(1)/(b)(2) for regular uncontested), the Marital Settlement Agreement (Form 12.902(f)(3)), and a Family Law Financial Affidavit (Form 12.902(b) short form or 12.902(c) long form). Spouses may jointly waive filing the financial affidavits using Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits. If you have minor children, you also need a Parenting Plan and child support guidelines worksheet. All forms are free at flcourts.gov, and filing is done through the E-Filing Portal at myflcourtaccess.com.

How long does an uncontested divorce take in Florida?

Florida has no mandatory waiting period after filing (0 days), so timing depends mostly on the court's calendar and how quickly the paperwork is completed and served. A cooperative simplified dissolution can sometimes finalize in about 4-5 weeks, though many counties take longer to set a final hearing. A regular uncontested dissolution often takes 6-12 weeks because of the 20-day Answer period (when service is required) and the 45-day financial disclosure window (unless waived via Form 12.902(k)). The court controls scheduling, so no firm can guarantee an exact date. Your divorce is final on the date the judge signs the Final Judgment.

Do we have to file financial affidavits in an uncontested divorce?

Generally, yes — each spouse must file a Family Law Financial Affidavit within 45 days of service (Form 12.902(b) short form for income under $50,000/year, or Form 12.902(c) long form for $50,000/year or more). However, in an uncontested case the parties may agree to waive filing the affidavits by jointly filing Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits, authorized under Florida Family Law Rule 12.285. Note that in a simplified dissolution, financial disclosure is waived by default. Even when waiving the filing, full and honest financial disclosure between spouses remains important so the agreement is fair and enforceable.

What does the $750 flat attorney fee include?

The $750 flat attorney fee from Divorce Law PLLC covers full preparation and review of your uncontested divorce documents by a licensed Florida attorney — the petition, the Marital Settlement Agreement, and, if you have minor children, a Parenting Plan and child support guidelines worksheet. It also includes answering your legal questions through the process. The fee is the same in all 67 Florida counties. Court costs (the county filing fee, typically about $408-$410) and notary fees (around $50/session) are separate and paid by you. The fee applies only to genuinely uncontested cases; contact our office to confirm whether your case qualifies.

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