To file an uncontested divorce in Orlando, one spouse must have lived in Florida for 6 months (F.S. 61.021), then file a Petition for Dissolution in the Ninth Judicial Circuit through the Orange County Clerk of Court. Court filing costs run about $408. Our firm prepares your entire uncontested case for a $750 flat attorney fee statewide (court costs and notary separate).

What Does It Mean to File an Uncontested Divorce in Orlando?

An uncontested divorce means you and your spouse agree on every issue: division of property, allocation of debts, time-sharing and parenting for any minor children, child support, and alimony. When you agree on all of it, there is nothing for a judge to decide at trial, so the case moves through the Orange County court system faster and at far lower cost than a contested fight.

Florida is a no-fault state under Florida Statute 61.052. You do not prove your spouse did anything wrong. The only ground is that the marriage is "irretrievably broken." You do not need your spouse's permission to end the marriage, and adultery, abandonment, or cruelty are not filing grounds in Florida.

To file uncontested divorce Orlando cases, you file in the Ninth Judicial Circuit, which covers Orange and Osceola counties. Your paperwork goes to the Orange County Clerk of Court, and family law matters are heard at the main courthouse at 425 N. Orange Avenue, Orlando, FL 32801. Below, we walk through the residency rule, the exact forms, the two uncontested paths, and the local filing steps.

Do You Meet the Residency Requirement to File in Orlando?

Under Florida Statute 61.021, at least one spouse must have been a Florida resident for at least 6 months immediately before filing the petition. This is the single most common reason a case gets rejected, so confirm it before you pay any court fee.

You prove Orlando-area residency with any one of these:

  • A valid Florida driver's license issued at least 6 months ago
  • A Florida voter registration card
  • A sworn corroborating affidavit from a Florida resident who personally knows you have lived in the state 6 months

Military personnel stationed in Florida satisfy the residency requirement under the same statute. Note that residency is not the same as domicile. Even if you own an Orlando home, you cannot file here without meeting the 6-month test. Florida has no separate waiting period after filing, though a served spouse has 20 days to respond, and the court controls final scheduling.

Which Uncontested Path Applies: Simplified or Regular?

Florida offers two uncontested routes. Choosing the right one determines which petition you file with the Orange County Clerk.

Simplified Dissolution (F.S. 61.052(2)) uses Form 12.901(a), Petition for Simplified Dissolution of Marriage. It is available only when all of these are true: no minor or dependent children, neither spouse is pregnant, neither spouse seeks alimony, you agree on how to divide property and debts, and both spouses are willing to appear together at the final hearing. It is faster, but you waive the right to trial and the right to financial disclosure from the other spouse.

Regular Uncontested Dissolution uses Form 12.901(b)(1) (property but no dependent or minor children) or Form 12.901(b)(2) (with dependent or minor children). You use this path when there are children, when alimony is involved, or when one spouse cannot appear at the hearing. The agreement is memorialized in a written Marital Settlement Agreement, plus a Parenting Plan if there are children.

FeatureSimplified DissolutionRegular Uncontested
Governing lawF.S. 61.052(2)F.S. 61.052
Petition form12.901(a)12.901(b)(1) or 12.901(b)(2)
Minor children allowedNoYes
Alimony requestedNoYes (or waived by agreement)
Both spouses appear at hearingRequiredNot always required
Financial disclosureWaivedRequired unless waived (Form 12.902(k))
Right to trialWaivedPreserved until judgment

Because both spouses must sign and appear in a simplified case, many Orlando couples with children or an absent spouse use the regular uncontested path instead. Our firm reviews your facts and tells you which one fits.

What Forms Do You File for an Orlando Uncontested Divorce?

Florida uses standardized family law forms available at flcourts.gov. For an uncontested case filed in Orange County, the core documents are:

  • Petition for Dissolution of Marriage: Form 12.901(a) (simplified), 12.901(b)(1) (no minor children), or 12.901(b)(2) (with children)
  • Marital Settlement Agreement: the centerpiece of most uncontested cases; Form 12.902(f)(3) is the standard simplified version
  • Family Law Financial Affidavit: Form 12.902(b) short form (under $50,000 gross annual income) or Form 12.902(c) long form ($50,000 or more), generally due within 45 days of service
  • Notice of Joint Verified Waiver of Filing Financial Affidavits: Form 12.902(k), if both spouses agree to waive filing (authorized by Florida Family Law Rule 12.285)
  • Parenting Plan and Child Support Guidelines Worksheet (Form 12.902(e)): required only when minor children are involved
  • Final Judgment of Dissolution of Marriage: the order the judge signs to end the marriage
  • UCCJEA Affidavit (Form 12.902(d)): required when minor children are involved

The Marital Settlement Agreement must fully cover property division, debt allocation, time-sharing, child support, and alimony (or a clear waiver of alimony). A vague or incomplete MSA is the leading reason an otherwise agreed case stalls, which is why attorney preparation matters. For a deeper look at agreement drafting, see our guide on common uncontested divorce mistakes in Florida.

How Do You File With the Orange County Clerk of Court?

Here is the step-by-step process to file uncontested divorce Orlando residents follow in the Ninth Judicial Circuit:

Confirm residency. Verify at least one spouse meets the 6-month Florida residency rule under F.S. 61.021.
Prepare your forms. Complete the correct petition, the Marital Settlement Agreement, financial affidavits (or the Form 12.902(k) waiver), and, if you have children, the Parenting Plan, child support worksheet, and UCCJEA affidavit.
E-file with the clerk. Submit through the Florida Courts E-Filing Portal at myflcourtaccess.com, which routes your documents to the Orange County Clerk of Court. Self-represented filers can also use the clerk's self-help resources at myorangeclerk.com.
Pay the filing fee. The base circuit-court filing fee is about $408, with roughly $10 more if you need a summons issued to serve your spouse. Paying by card adds a convenience fee (total around $425). 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. If you cannot afford it, file a Motion to Defer Filing Fees (Form 12.902(a)).
Serve or file a waiver. If your spouse signs an Answer and Waiver, formal service may be avoided; otherwise the responding spouse has 20 days to respond after being served.
Attend the final hearing. The Ninth Judicial Circuit typically sets a brief final hearing for uncontested cases so the judge can confirm the agreement and enter the Final Judgment. In simplified cases, both spouses must attend.

The court, not the parties, controls scheduling, so we describe typical ranges rather than promising a fixed date. For a related walkthrough, see how the process compares in Tampa's uncontested filing guide.

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

There are two separate cost buckets, and keeping them straight prevents surprises.

Court costs go to the Orange County Clerk. The base petition filing fee is about $408, roughly $425 with a card convenience fee, plus about $10 for a summons if service is required. Notary fees (about $50 per session) and any process-server fee ($40 to $75) are additional and paid by you.

Attorney fee goes to our firm. We prepare and review your entire uncontested divorce for a $750 flat attorney fee, the same price statewide in every one of Florida's 67 counties (court costs ~$408-$410 and notary are separate). A traditional retainer for a family law matter often runs $5,000 to $7,500, so the flat fee gives you full representation by a licensed Florida attorney with the price disclosed up front.

Cost itemTypical amountPaid to
Attorney fee (our flat fee)$750Law Office of Antonio G. Jimenez
Petition filing fee~$408 (~$425 by card)Orange County Clerk
Summons issuance~$10Orange County Clerk
Notary~$50/sessionNotary
Process server (if needed)$40-$75Server

For an Orlando-specific cost breakdown, see our companion piece on uncontested divorce cost in Orlando, FL.

Why Use a Licensed Florida Attorney Instead of a DIY Form Service?

Online divorce sites and non-lawyer document-preparation services can hand you blank forms, but they are legally barred from giving legal advice and cannot catch substantive errors. If your Marital Settlement Agreement omits a retirement account, misstates a time-sharing schedule, or fails to address a marital debt, you may not discover the problem until years later, when fixing it costs far more than the divorce did.

When our firm prepares your case, a licensed Florida attorney drafts and reviews every document, confirms the MSA and Parenting Plan are complete, verifies your residency proof, and answers your legal questions before you sign. That is the difference between filling out a form and having an attorney stand behind the paperwork.

An uncontested flat-fee divorce is a good fit when both spouses genuinely agree on all issues. If you cannot agree, or if there are hidden assets, a business valuation, or a contested custody dispute, the case is contested and the flat fee does not apply. In that situation, we help you understand your options rather than force an agreed case that will not hold. Learn how some couples narrow their disputes in our guide on converting a contested divorce to uncontested in Florida.

What Happens After You File in Orange County?

Once your petition and settlement documents are accepted, the clerk dockets the case and assigns it to a Ninth Judicial Circuit family judge. If your spouse has already signed an Answer and Waiver, the case can move toward a final hearing without formal service. Both parties complete any required financial disclosure within 45 days unless waived through Form 12.902(k).

The judge reviews the Marital Settlement Agreement to ensure it is complete and, for cases with children, that the Parenting Plan and child support figures follow the F.S. 61.30 guidelines. At the brief final hearing, the judge confirms the marriage is irretrievably broken and enters the Final Judgment of Dissolution. That judgment legally ends the marriage. Any name change requested in the petition takes effect with the judgment.

Because the court controls its own calendar, an uncontested Orlando case commonly finishes in a matter of weeks after filing, but no attorney can guarantee a specific date.

Frequently Asked Questions

See the FAQ entries below for detailed answers on cost, timing, forms, and eligibility.

Ready to File Your Orlando Uncontested Divorce?

Our firm prepares uncontested Florida divorces for a $750 flat attorney fee, the same statewide, with court costs disclosed up front. If you and your spouse agree on the key issues and want a licensed Florida attorney to handle the paperwork, ask Victoria a few questions or contact our office to confirm whether your case qualifies as uncontested.

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.

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About the Author

Antonio G. Jimenez, Esq., Florida divorce attorney

Antonio G. Jimenez, Esq.

Florida attorney since 2006 · Florida Bar #21022 · 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 Orlando?

There are two separate costs. Court costs go to the Orange County Clerk of Court: the base petition filing fee is about $408 (roughly $425 if you pay by card, which adds a convenience fee), plus about $10 for a summons if your spouse must be served. Notary (about $50 per session) is additional. Our attorney fee is a $750 flat fee to prepare and review your entire uncontested case, the same price statewide (court costs ~$408-$410 and notary are separate). 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 the Orange County Clerk.

What is the residency requirement to file for divorce in Orlando?

Under Florida Statute 61.021, at least one spouse must have been a Florida resident for 6 months immediately before filing the petition. You prove residency with a Florida driver's license issued at least 6 months ago, a Florida voter registration card, or a sworn corroborating affidavit from a Florida resident who knows you have lived here 6 months. Military members stationed in Florida meet the requirement under the same statute. Residency is not the same as domicile, so owning an Orlando home is not enough on its own. If neither spouse meets the 6-month rule, you cannot file in Florida until the requirement is met.

Which forms do I file for an uncontested divorce in Orange County?

You file a Petition for Dissolution: Form 12.901(a) for simplified dissolution, 12.901(b)(1) if you have property but no minor children, or 12.901(b)(2) if you have minor or dependent children. Most cases also need a Marital Settlement Agreement (Form 12.902(f)(3) for simplified cases) and a Family Law Financial Affidavit (Form 12.902(b) short form or 12.902(c) long form) within 45 days, unless both spouses waive filing with Form 12.902(k). Cases with children add a Parenting Plan, a child support worksheet (Form 12.902(e)), and a UCCJEA affidavit (Form 12.902(d)). All standardized forms are at flcourts.gov.

What is the difference between simplified and regular uncontested dissolution?

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 is pregnant, neither spouse seeks alimony, you agree on dividing property and debts, and both spouses appear together at the final hearing. It is faster but waives your right to trial and to financial disclosure. Regular uncontested dissolution uses Form 12.901(b)(1) or 12.901(b)(2) and applies when there are children, alimony, or one spouse cannot appear. It resolves through a written Marital Settlement Agreement (plus a Parenting Plan if there are children) and preserves your rights until the Final Judgment is entered.

Where do I file for divorce in Orlando, and can I e-file?

You file in the Ninth Judicial Circuit, which covers Orange and Osceola counties, through the Orange County Clerk of Court. Family law matters are heard at the main courthouse at 425 N. Orange Avenue, Orlando, FL 32801. Most filings are submitted electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com, which routes your documents to the Orange County Clerk. Self-represented filers can also use the clerk's self-help and family law resources at myorangeclerk.com. When our firm handles your uncontested case, we prepare and file the paperwork on your behalf and confirm it lands in the correct Ninth Judicial Circuit division.

How long does an uncontested divorce take in Orlando?

Florida has no mandatory waiting period after filing (0 days) under Chapter 61, so timing depends mainly on the court's calendar and how quickly both spouses sign the documents. A served spouse has 20 days to respond, though an Answer and Waiver can shorten that step. The Ninth Judicial Circuit typically sets a brief final hearing for uncontested cases. Many agreed Orlando cases finish in a matter of weeks after filing, but the court controls scheduling, and no attorney can guarantee a specific date. Delays usually come from incomplete forms or a missing financial affidavit, which is why attorney review helps keep the case moving.

Do both spouses have to appear at the final hearing?

It depends on which path you use. In a simplified dissolution under F.S. 61.052(2) using Form 12.901(a), both spouses must sign the petition and both must appear at the final hearing. In a regular uncontested dissolution using Form 12.901(b)(1) or 12.901(b)(2), it is often possible for only the filing spouse (the petitioner) to attend the brief hearing, especially when the other spouse has signed an Answer and Waiver and the Marital Settlement Agreement. This flexibility is one reason many couples with children, an absent spouse, or an alimony provision choose the regular uncontested route rather than the simplified one.

Can we waive filing our financial affidavits in an uncontested Orlando case?

Yes, in many uncontested cases. Florida generally requires each spouse to file a Family Law Financial Affidavit (Form 12.902(b) short form or 12.902(c) long form) within 45 days of service. However, under Florida Family Law Rule 12.285, both spouses may agree to waive filing the affidavits by submitting a Notice of Joint Verified Waiver of Filing Financial Affidavits (Form 12.902(k)). This is common when both spouses already have full knowledge of the marital finances and agree on the division. In a simplified dissolution, financial disclosure is waived by the nature of that path. We advise clients on whether waiving disclosure is appropriate for their situation.

Is alimony available in an Orlando uncontested divorce?

Alimony can be part of an uncontested case, but spouses often waive it by agreement in the Marital Settlement Agreement. Under Florida Statute 61.08, and after the 2023 reform (SB 1416), permanent alimony no longer exists. The remaining forms are bridge-the-gap (maximum 2 years, non-modifiable), rehabilitative (maximum 5 years, requires a specific plan), and durational (capped by marriage length and not available for marriages under 3 years). If both spouses agree to waive alimony, that waiver goes into the MSA and no support is ordered. If one spouse seeks alimony, you cannot use the simplified path and must file a regular uncontested petition.

What if my spouse and I have minor children in Orlando?

You cannot use simplified dissolution if you have minor or dependent children. You file Form 12.901(b)(2) and add a Parenting Plan, a Child Support Guidelines Worksheet (Form 12.902(e)), and a UCCJEA affidavit (Form 12.902(d)). Florida uses time-sharing and parental responsibility, not custody, under F.S. 61.13, and since July 1, 2023 there is a rebuttable presumption that equal time-sharing serves the child's best interest. Child support follows the F.S. 61.30 guidelines. Our $750 flat fee is the same whether or not you have children; the package for a case with children simply adds the parenting plan, child support worksheet, and UCCJEA affidavit. The court reviews these documents before entering the Final Judgment.

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