Divorce Mediation in Florida: When You Need It (2026)

Florida couples who already agree on every issue rarely need mediation at all. Mediation is a tool for resolving disputes — when there are none, the case moves straight toward a final hearing. Our firm prepares uncontested Florida divorces for a $750 flat attorney fee (court costs of about $408-$410 and notary are separate), the same price in all 67 counties.

This guide explains when divorce mediation in Florida is required, what it costs, and how a fully uncontested case under Florida Statutes Chapter 61 can often avoid the mediation step entirely. It also walks through the exact forms and the step-by-step filing process, so you can see where mediation does — and does not — fit.

Is Mediation Required for an Uncontested Divorce in Florida?

No. If your divorce is genuinely uncontested — meaning you and your spouse agree on all issues including property, debts, time-sharing, child support, and alimony — Florida courts do not require mediation. Mediation exists to settle disagreements. Once you have a signed Marital Settlement Agreement (and a Parenting Plan if you have children), there is nothing left to mediate, and the court proceeds toward a final hearing.

Mediation becomes relevant when issues are still in dispute. Under Florida Family Law Rule of Procedure 12.740 and Florida Statute § 44.102, courts may refer contested family-law matters to mediation, and most Florida circuits make it effectively mandatory before a contested case gets a trial date. The distinction matters: an uncontested case skips the dispute-resolution machinery, which is one reason a flat-fee uncontested divorce is so much faster and cheaper than a litigated one.

The term "uncontested" is precise. If even one issue remains open — who keeps the house, how the retirement account splits, whether one spouse pays alimony — the case is contested, and the $750 flat fee does not apply. Our firm reviews your situation up front to confirm which path fits.

What Is Divorce Mediation in Florida?

Divorce mediation in Florida is a confidential, structured negotiation in which a neutral third-party mediator helps spouses reach agreement on the issues in their dissolution. The mediator does not decide anything or impose a result — that authority belongs to the judge. Instead, the mediator facilitates discussion, identifies common ground, and helps the parties draft terms they can both accept.

Family mediation in Florida is governed primarily by Florida Family Law Rule of Procedure 12.740, with the court's authority to order it grounded in Florida Statute § 44.102. Confidentiality is protected by Florida's Mediation Confidentiality and Privilege Act (Florida Statutes §§ 44.401-44.406), which generally keeps what is said in mediation out of the courtroom. That confidentiality is what allows spouses to negotiate candidly without fear that an offer will be used against them later.

When mediation succeeds, the mediator prepares a written agreement the parties sign. That agreement is then submitted to the court and, once approved, becomes binding. In a contested case, a successful mediation can convert the matter into an uncontested one — at which point the path to a Final Judgment of Dissolution looks much like the uncontested process described below.

When Is Mediation Mandatory in Florida?

Mediation is most commonly required in contested divorces. While Florida Statutes Chapter 61 sets out the substantive law of dissolution, the requirement to attend mediation usually comes from a county circuit's local administrative order rather than a single statewide statute. In practice, most Florida circuits require contested parties to attempt mediation before the court will schedule a contested final hearing or trial.

Mediation is generally appropriate — and often ordered — when:

• Spouses disagree about how to divide marital property or debts under Florida Statute § 61.075.
• Parents cannot agree on a parenting plan or time-sharing schedule under Florida Statute § 61.13.
• One spouse seeks alimony and the other disputes the type or amount under Florida Statute § 61.08.
• The parties have tried to negotiate directly and reached an impasse.

Courts can waive or modify the mediation requirement in specific circumstances. The most common exception involves domestic violence: when there is a history of abuse, a court may excuse the victim from face-to-face mediation to avoid an unsafe or coercive setting. If safety is a concern in your situation, tell the court — and if you are in immediate danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233.

For a fully uncontested case, none of this applies. There is no dispute to refer, so there is nothing to mediate.

How Much Does Divorce Mediation Cost in Florida?

Divorce mediation cost in Florida varies widely depending on whether you use a private mediator or a court-connected program, and on how many sessions your case requires. Private mediators typically charge $200 to $350 per hour, and a contested matter can run several hours across multiple sessions — pushing total mediation costs into the hundreds or even low thousands of dollars per party.

Court-connected mediation programs are far cheaper for those who qualify. Many circuits offer family mediation on a sliding scale: roughly $60 per person per session for households earning under $50,000, and about $120 per person per session for households earning between $50,000 and $100,000. Indigent parties may receive court-connected mediation at no cost. Verify your circuit's current rates and income thresholds with your local clerk, as programs and fees change.

Here is how mediation expense compares to a flat-fee uncontested divorce:

The takeaway: avoiding a dispute avoids mediation, and avoiding mediation removes a meaningful cost. When you and your spouse genuinely agree, an attorney-prepared uncontested divorce at a flat $750 fee keeps the math simple and predictable.

How Does an Uncontested Divorce Avoid Mediation?

An uncontested divorce avoids mediation because it resolves every issue before the case is ever set for hearing. Instead of arguing through a mediator, the spouses memorialize their agreement in a written Marital Settlement Agreement (MSA) — and, if they have children, a Parenting Plan. Once those documents are signed, there is no live dispute for a court to refer.

Florida offers two uncontested paths under Chapter 61:

Simplified Dissolution

Simplified dissolution under Florida Statute § 61.052(2) uses Form 12.901(a) (Petition for Simplified Dissolution of Marriage). It is the fastest route, but it is restrictive. To qualify, the couple must have no minor or dependent children, neither spouse can seek alimony, both must agree on the division of all property and debts, and both spouses must personally appear at the final hearing. Choosing simplified dissolution also waives the right to a trial and to financial disclosure from the other spouse. It is a clean fit for short, simple marriages with no children and no support.

Regular Uncontested Dissolution

Regular uncontested dissolution uses Form 12.901(b)(1) (Petition for Dissolution of Marriage with Property but No Dependent or Minor Children) or Form 12.901(b)(2) (when there are minor children). This is the path when there are children, when alimony is involved, or when one spouse cannot appear at the hearing. The case is resolved through a written MSA and, where children are involved, a Parenting Plan that satisfies Florida Statute § 61.13. Most uncontested cases our firm handles follow this route because it is flexible and works for families with kids and shared assets.

In both paths, the absence of disputed issues is what keeps mediation off the table. You can read more in our guide to uncontested versus contested divorce in Florida and our Marital Settlement Agreement guide.

How to File an Uncontested Divorce in Florida (Step by Step)

The uncontested process is a defined sequence. Here is how it generally works under Chapter 61:

Notice that mediation appears nowhere in this sequence. That is the whole point of an uncontested filing.

Florida Uncontested Divorce Forms You Need

Using the exact Florida Supreme Court Approved Family Law Form numbers prevents rejected filings. These are the core forms:

All of these are available at flcourts.gov and are filed through the Florida Courts E-Filing Portal at myflcourtaccess.com. The Marital Settlement Agreement is the heart of the file — it must address property, debts, time-sharing, child support, and alimony so that nothing is left for a court (or a mediator) to decide.

What Must a Marital Settlement Agreement Cover?

The MSA is what converts two people's intentions into an enforceable court order. To be complete enough to support an uncontested judgment, it generally needs to resolve every issue Florida law would otherwise litigate:

• Property division under Florida Statute § 61.075. Florida uses equitable distribution — a fair division of marital assets and debts, not automatically 50/50. The MSA should identify who keeps each significant asset and who is responsible for each debt.
• Time-sharing and parental responsibility under Florida Statute § 61.13. If you have children, the agreement must work alongside a Parenting Plan reflecting the schedule and decision-making arrangements. Effective July 1, 2023, Florida applies a rebuttable presumption that equal time-sharing is in the child's best interest.
• Child support, calculated under the Florida child support guidelines. Even when spouses agree, the figure should align with the guideline worksheet.
• Alimony, if any. Following 2023's Senate Bill 1416, Florida eliminated permanent alimony; the remaining types are bridge-the-gap (up to 2 years), rehabilitative (up to 5 years), and durational (capped by marriage length) under Florida Statute § 61.08. Spouses may agree to waive alimony entirely in the MSA.

Because an incomplete MSA can stall or unravel an uncontested case, the value of a licensed Florida attorney preparing it is concrete: we draft and review the document, confirm the parenting plan and child support figures are internally consistent, and answer your legal questions before you sign. That is different from a non-lawyer document-preparation or typing service, which cannot give legal advice or catch a substantive gap in your agreement. For more on that distinction, see our guide on whether you need a lawyer for an uncontested divorce in Florida.

Mediation vs. Uncontested Divorce: Which Path Fits?

Mediation and an uncontested divorce are not competing products — they are different stages. Mediation helps you reach agreement when you do not yet have one. An uncontested divorce is what you file once you do. Some couples mediate first and then file uncontested; many of our clients arrive already in agreement and skip mediation altogether.

If you and your spouse already agree on everything, you likely do not need to mediate — you need clean, correct paperwork. If you are close but stuck on one or two issues, a short mediation may bridge the gap, after which you can proceed as an uncontested case. Our office can help you assess which situation describes you.

Frequently Asked Questions

See the FAQ section below for detailed answers to the most common questions about Florida divorce mediation and uncontested filings.

Disclaimer

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.