Uncontested Divorce Cape Coral FL: $750 Flat Fee (2026)

An uncontested divorce in Cape Coral, Florida can be prepared by the Law Office of Antonio G. Jimenez for a $750 flat attorney fee (court costs of about $408-$410 and notary are separate). Both spouses must agree on all issues under Florida Statutes Chapter 61, meet the 6-month residency rule (F.S. 61.021), and file in Lee County's 20th Judicial Circuit.

What Is an Uncontested Divorce in Cape Coral?

An uncontested divorce means you and your spouse agree on every issue in your dissolution of marriage: division of property, allocation of debts, time-sharing and a parenting plan (if you have minor children), child support, and alimony. When spouses agree on all of these points, there is nothing for a judge to decide by trial, so the case moves faster and costs far less than a contested divorce.

Florida is a no-fault state under F.S. 61.052. The only ground for divorce is that the marriage is "irretrievably broken" — you do not prove adultery, abandonment, or cruelty, and you do not need your spouse's permission to file. For Cape Coral residents, the case is filed in the Twentieth Judicial Circuit, which serves Lee County along with Charlotte, Collier, Glades, and Hendry counties.

Our firm is a licensed Florida law firm that serves clients in all 67 counties, and the $750 flat attorney fee is the same in every county. For an uncontested Cape Coral case, we prepare and review your petition, Marital Settlement Agreement, and (where applicable) your parenting plan so the paperwork is complete before it reaches the clerk.

How Much Does an Uncontested Divorce Cost in Cape Coral?

The attorney fee for an uncontested Cape Coral divorce through our firm is a flat $750, statewide. That fee is the same whether or not you have minor children — when children are involved, the package simply adds a parenting plan, a child support guidelines worksheet, and (if needed) a UCCJEA affidavit.

Separate from the attorney fee, you pay the Lee County court costs directly to the clerk:

• Petition for Dissolution of Marriage filing fee: approximately $408-$410, set by the Lee County Clerk of the Circuit Court.
• Notary fees: roughly $50 per session for notarized signatures.
• Optional add-ons: a certified copy of the Final Judgment, or a process server fee ($40-$75) if your spouse must be formally served.

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. If you cannot afford the filing fee, you may ask the court to defer it by filing Florida Family Law Form 12.902(a) (Application for Determination of Civil Indigent Status).

Compared with a traditional contested retainer of $5,000 to $7,500, a flat-fee uncontested divorce keeps your legal costs transparent and predictable. You can read a detailed cost breakdown in our guide to uncontested divorce cost in St. Petersburg, FL, which uses the same statewide pricing.

Where Do You File an Uncontested Divorce in Cape Coral?

Cape Coral sits in Lee County, so your dissolution of marriage is filed with the Lee County Clerk of the Circuit Court, part of the Twentieth Judicial Circuit. The main courthouse is the Lee County Justice Center at 1700 Monroe Street, Fort Myers, FL 33901.

Under F.S. 61.021, at least one spouse must have lived in Florida for at least 6 months before filing. You prove Florida residency with a valid Florida driver's license, a Florida voter registration card, or the sworn corroborating testimony of a witness who knows you are a Florida resident. Military personnel stationed in Florida satisfy the same residency requirement.

Almost all Florida filings are now submitted electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com — your attorney files your petition and supporting documents there rather than delivering paper to the clerk's counter. Lee County also maintains a self-help center and posts family law self-help information for residents who are navigating the process.

For uncontested cases, the Twentieth Circuit typically sets a brief final hearing to confirm the marriage is irretrievably broken and to enter the Final Judgment of Dissolution. In a simplified dissolution, both spouses generally must attend that short hearing; in a regular uncontested case resolved by a signed Marital Settlement Agreement, the appearance requirement is often lighter. The court controls its own calendar, so scheduling times vary.

Simplified Dissolution vs. Regular Uncontested Divorce

Florida offers two uncontested paths, and choosing the right one determines which forms you file. Simplified dissolution under F.S. 61.052(2) is the fastest, but it is only available in narrow circumstances and it waives certain rights.

If you have no minor children, neither spouse seeks alimony, and you both agree on dividing property and debts, simplified dissolution may fit. If children, alimony, or logistics are involved, the regular uncontested track using a written Marital Settlement Agreement is the correct route. To see how the simplified path works in practice, review our simplified dissolution guide for St. Petersburg, FL.

What Forms Does an Uncontested Cape Coral Divorce Require?

Florida uses standardized family law forms available at flcourts.gov. The exact set depends on whether you have minor children and which uncontested path you choose. Common documents include:

• Petition for Dissolution of Marriage: Form 12.901(a) for simplified, or Form 12.901(b)(1)/(b)(2) for regular uncontested cases.
• Marital Settlement Agreement (MSA): the centerpiece of most uncontested cases. Form 12.902(f)(3) is the standard MSA for a simplified dissolution. The MSA must resolve property, debts, time-sharing, child support, and alimony.
• Family Law Financial Affidavit: Form 12.902(b) (short form, for income under $50,000) or Form 12.902(c) (long form). Under mandatory disclosure, this is generally due within 45 days of service.
• Notice of Joint Verified Waiver of Filing Financial Affidavits: Form 12.902(k), authorized under Florida Family Law Rule 12.285, if both spouses agree to waive filing the affidavits.
• Parenting Plan and Child Support Guidelines Worksheet (Form 12.902(e)): required when there are minor children, under F.S. 61.13.
• Final Judgment of Dissolution of Marriage: the order the judge signs to end the marriage.

Our firm prepares and reviews these documents so the MSA and, where applicable, the parenting plan are complete and internally consistent before filing — a step a non-lawyer typing service cannot perform, because it cannot give legal advice or catch a substantive error. For a step-by-step overview, see how to file an uncontested divorce in St. Petersburg, FL.

How Are Property, Time-Sharing, and Alimony Handled?

Even when your divorce is uncontested, your Marital Settlement Agreement must reflect Florida law so the judge will approve it.

Property and debts are divided by equitable distribution under F.S. 61.075 — fairly, though not always exactly 50/50. Marital assets and debts acquired during the marriage are subject to division regardless of whose name is on the title; separate property owned before the marriage, or received by gift or inheritance and kept separate, generally is not. In an uncontested case, you and your spouse decide the split yourselves and write it into the MSA.

Time-sharing and parental responsibility are governed by F.S. 61.13. Florida uses "time-sharing" instead of "custody" and requires a written parenting plan that sets each parent's schedule and how major decisions about education, health care, and activities are made. Effective July 1, 2023, Florida law presumes equal time-sharing is in the best interest of the child, though parents may agree to a different schedule that fits their family.

Alimony is authorized by F.S. 61.08. Effective July 1, 2023, Senate Bill 1416 eliminated permanent alimony; the remaining forms are bridge-the-gap (maximum 2 years), rehabilitative (maximum 5 years, with a specific plan), and durational (capped by marriage length). Spouses may agree to waive alimony entirely in the MSA, which many uncontested couples do. Recent appellate decisions underscore how precisely these numbers must be handled — see our coverage of a Florida court ruling that alimony must be set before child support.

How Long Does an Uncontested Divorce Take in Cape Coral?

Florida imposes no mandatory waiting period after filing — there is no statutory cooling-off delay before a judge can enter a Final Judgment. In practice, an uncontested dissolution in the Twentieth Judicial Circuit commonly moves from filing to final hearing in a matter of weeks once every document is signed, notarized, and filed, but the exact timeline depends on the clerk's processing and the court's calendar.

Several factors affect timing: how quickly both spouses sign and notarize the MSA, whether the responding spouse waives formal service or must be served (giving a 20-day answer window), and how soon the court can set the brief final hearing. The court controls scheduling, so no attorney can promise an exact date.

Having complete, correct paperwork the first time is the single biggest thing you can do to avoid delay. A rejected petition or an incomplete MSA sends you back to the start of the clerk's queue. Our flat-fee preparation is built to keep your Cape Coral case clean on the first filing.

Uncontested vs. Contested Divorce in Lee County

If you and your spouse still disagree on major issues, your case is contested and the flat fee does not apply. Our firm focuses solely on uncontested divorce; if your situation is contested or unusually complex, we will tell you plainly and can point you toward the right resource.

Frequently Asked Questions

See the FAQ section below for detailed answers about pricing, forms, residency, and timing.

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.