Uncontested Divorce Checklist Florida: 2026 Forms & Steps

An uncontested divorce checklist for Florida starts with confirming 6-month residency (F.S. 61.021), choosing your path (simplified or regular dissolution), and gathering core documents: photo ID, marriage information, a Marital Settlement Agreement, and a Family Law Financial Affidavit (Form 12.902(b) or (c)). Our firm prepares the entire uncontested package for a $750 flat attorney fee statewide (court costs ~$408-$410 and notary are separate).

Florida divorce is governed by Chapter 61 of the Florida Statutes, and the state uses standardized family law forms available at flcourts.gov. Because Florida is a no-fault state (F.S. 61.052), you do not need to prove wrongdoing — you only need to state that the marriage is "irretrievably broken." This guide walks through every item you need, the exact form numbers, and the order in which to complete them so nothing gets missed and your case is not delayed by a clerk rejection.

What Do I Need for an Uncontested Divorce in Florida?

An uncontested divorce means both spouses agree on every issue: property, debts, time-sharing, child support, and alimony. If you agree on all of those, your case can move through the system efficiently. If you cannot agree on even one issue, the case is contested and a flat fee no longer applies.

Before you file, your uncontested divorce checklist in Florida breaks down into four categories: eligibility items, personal documents, financial documents, and the legal forms themselves. Confirm each category below before you submit anything to the clerk.

Eligibility items to confirm first:

• At least one spouse has lived in Florida for 6 months immediately before filing (F.S. 61.021).
• The marriage is irretrievably broken (F.S. 61.052) — the only ground Florida recognizes.
• Both spouses agree on all property, debt, time-sharing, child support, and alimony terms.
• You can prove residency with a Florida driver's license, voter registration, or a corroborating witness.

Florida has no mandatory waiting period after filing (0 days), though the court controls final-hearing scheduling. Meeting these threshold items is what makes your case eligible for the streamlined uncontested track rather than litigation.

What Documents Do I Need to Gather Before Filing?

Before your attorney prepares the petition, collect the underlying records. These documents feed directly into the forms and the Marital Settlement Agreement, so gathering them up front prevents back-and-forth delays. A thorough divorce document checklist for Florida includes the following.

Personal and marriage documents:

• Valid government photo ID for each spouse (driver's license or passport).
• Full legal names, dates of birth, and current addresses for both spouses.
• Date and place (city/state/country) of the marriage.
• Proof of Florida residency (driver's license issue date, voter registration, or witness).
• Children's full names and dates of birth, if any minor children exist.

Financial documents (needed for the Financial Affidavit and the MSA):

• Recent pay stubs or proof of income for each spouse.
• The last 1-3 years of federal tax returns and W-2s or 1099s.
• Bank and investment account statements.
• Retirement and pension account statements (401(k), IRA, pension).
• Mortgage statements, vehicle titles, and deeds for real property.
• A list of all marital debts: credit cards, loans, and lines of credit.
• Monthly expense estimates (housing, utilities, insurance, transportation).

These financial records are the foundation of equitable distribution under F.S. 61.075 and are required to complete the Family Law Financial Affidavit (Form 12.902(b) or (c)).

Which Uncontested Divorce Path Do I Qualify For?

Florida offers two uncontested paths, and choosing the right one determines which forms you file. The simplified path is faster but has strict eligibility limits; the regular uncontested path is more flexible and works for almost everyone else.

Simplified Dissolution of Marriage (F.S. 61.052(2)) requires that you have no minor or dependent children, neither spouse is seeking alimony, you agree on the division of all property and debts, and both spouses appear together at the final hearing. The trade-off: by choosing this path you waive your right to a trial and to financial disclosure from your spouse. You file Form 12.901(a) (Petition for Simplified Dissolution of Marriage).

Regular Uncontested Dissolution is used when you have minor children, alimony is part of the agreement, or one spouse cannot appear in person. You file Form 12.901(b)(1) (Petition for Dissolution of Marriage with Property but No Dependent or Minor Children) or Form 12.901(b)(2) (with minor children). The case is resolved through a written Marital Settlement Agreement and, if children are involved, a Parenting Plan.

For a deeper comparison of paths and timing, see our guide on uncontested vs. contested divorce in Florida and our simplified dissolution guide for Miami.

Comparison: Simplified vs. Regular Uncontested Dissolution

The attorney fee is the same $750 statewide for either path, in all 67 Florida counties. Court costs (the county filing fee, typically about $408-$410) and notary fees are separate and paid by you directly to the clerk.

Forms You Need: Florida Uncontested Divorce Forms Checklist

Florida uses standardized Florida Supreme Court Approved Family Law Forms, all available at flcourts.gov. Using the wrong form, or leaving a required form out, is the most common reason a clerk rejects an uncontested filing. Here are the core forms and what each one does.

The Marital Settlement Agreement (MSA) is the centerpiece of most uncontested cases. It must cover the division of all marital property and debts, time-sharing and the parenting plan (if children), child support, and alimony (or a waiver of alimony). For a closer look at this document, see our Marital Settlement Agreement Florida guide and our detailed financial affidavit walkthrough.

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

Here is the full sequence, in order, from confirming eligibility to receiving your Final Judgment. Follow these steps and you will have a complete, court-ready uncontested filing.

For what to expect at the hearing itself, our uncontested divorce final hearing guide covers the questions a judge typically asks.

What If We Have Minor Children?

When minor children are involved, your checklist expands. Florida uses the terms "time-sharing" (physical schedule) and "parental responsibility" (decision-making), not "custody" (F.S. 61.13). Your uncontested package must include a Parenting Plan that specifies each parent's schedule and how decisions about education, healthcare, and activities are made.

Additional child-related items for your checklist:

• A Parenting Plan covering the time-sharing schedule and decision-making.
• A completed Child Support Guidelines Worksheet (Form 12.902(e)) calculated under F.S. 61.30.
• Each child's full name and date of birth.
• The petition Form 12.901(b)(2) (with dependent or minor children).

As of July 1, 2023, Florida law presumes equal time-sharing is in the best interest of the child (F.S. 61.13(3)), though parents can agree to a different schedule that fits their family. Child support is calculated using a statutory formula, so even in an uncontested case the worksheet must be completed accurately. The same $750 flat attorney fee applies whether or not you have children — the package simply adds the parenting plan, support worksheet, and a UCCJEA affidavit. For more, see our uncontested divorce with children in Florida guide and child support in uncontested divorce.

How Much Does an Uncontested Divorce Cost in Florida?

An attorney-prepared uncontested divorce with our firm costs a $750 flat attorney fee, the same in every one of Florida's 67 counties. That fee covers preparing and reviewing your petition, the Marital Settlement Agreement, the Parenting Plan and support worksheet (if you have children), and answering your legal questions through the process.

Separate costs you pay directly:

• County filing fee: typically about $408-$410 (varies by county; an added fee may apply when there are minor children).
• Notary fees: roughly $50 per signing session.
• Process server, if formal service is needed: about $40-$75.

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. Compared with traditional divorce retainers of $5,000-$7,500, a flat $750 attorney fee with court costs disclosed up front gives you a transparent, predictable total. For more on the value of attorney representation, see our guide on whether you need a lawyer for an uncontested divorce.

Attorney-Prepared vs. DIY Form Services

Many online services advertise low teaser rates for divorce "forms." The distinction that matters is who reviews your documents. Non-lawyer document-preparation and typing services cannot give legal advice, cannot tell you whether your MSA is complete, and cannot catch a substantive error that leads to a clerk rejection or, worse, a flawed judgment you discover years later.

With our firm, a licensed Florida attorney prepares and reviews every document, confirms the Marital Settlement Agreement and parenting plan address every required issue, and answers your legal questions — all for a flat $750 attorney fee statewide. This is not about whether self-help is allowed; Florida's standardized forms exist precisely so people can represent themselves. It is about whether you want a licensed attorney standing behind the paperwork that ends your marriage and divides your assets.

An uncontested flat-fee divorce is a good fit when both spouses genuinely agree on everything and the assets are straightforward. A case becomes too complex for the flat fee when there are disputed assets, a business to value, hidden assets, or one spouse who will not cooperate. Our property division guide explains where complexity often hides.

Frequently Asked Questions

See the FAQ section below for detailed answers to the most common uncontested divorce checklist questions in Florida.

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.