Uncontested Divorce No Children Cape Coral FL: $750

An uncontested divorce with no children in Cape Coral, Florida can be prepared by our firm for a $750 flat attorney fee (court costs ~$408-$410 and notary are separate). You file in the Twentieth Judicial Circuit through the Lee County Clerk of Court under Florida Statutes Chapter 61, meeting the 6-month residency rule (F.S. 61.021). No-kids cases are Florida's simplest dissolutions.

If you and your spouse have no minor or dependent children, agree on how to divide your property and debts, and want a licensed Florida attorney to prepare everything correctly, this guide walks through exactly how a Cape Coral divorce with no kids works — which forms apply, where you file in Lee County, how long it typically takes, and what it costs.

What Is an Uncontested Divorce With No Children in Cape Coral?

An uncontested divorce means both spouses agree on every issue in the dissolution: how marital property is divided, how debts are split, and whether either spouse receives alimony. When there are no minor children, you remove the two most contested parts of a Florida case entirely — time-sharing and child support — which is why a no-children divorce in Cape Coral is usually the fastest, most affordable path available.

Florida is a no-fault state under F.S. 61.052. You do not prove adultery, abandonment, or cruelty. The only ground is that the marriage is "irretrievably broken." You do not need your spouse's consent to that ground, and fault generally does not change how property is divided. Florida also has no mandatory waiting period after filing — the 20-day period referenced in many cases is the respondent's time to answer, not a cooling-off delay.

Marital property is split by equitable distribution under F.S. 61.075, meaning fairly but not automatically 50/50. Because there are no children, there is no parenting plan and no child support worksheet — the case turns almost entirely on your Marital Settlement Agreement.

How Much Does an Uncontested Divorce With No Children Cost in Cape Coral?

Our firm prepares an uncontested Cape Coral divorce with no children for a $750 flat attorney fee — the same price in every one of Florida's 67 counties. That fee covers preparing and reviewing your petition, your Marital Settlement Agreement, and the final judgment paperwork, plus answering your legal questions as a licensed Florida attorney.

Separate from our fee, you pay the court's own costs:

• Lee County Clerk filing fee for a Petition for Dissolution of Marriage: approximately $408-$410. 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 of Court.
• Notary fees for signing documents (our office charges $50 per session; some documents can be notarized where you bank).
• Optional process server ($40-$75) only if your spouse will not sign a waiver of service.

Compare that to a traditional retainer. A privately retained Florida divorce attorney commonly bills a $5,000 to $7,500 retainer against an hourly rate. A no-children uncontested case at a flat $750 attorney fee removes the guesswork — you know the total attorney cost before you start. For a full breakdown, see our guide on uncontested divorce cost in Cape Coral.

Simplified Dissolution vs. Regular Uncontested: Which Fits a No-Children Case?

With no children, you may qualify for Florida's fastest track — simplified dissolution under F.S. 61.052(2) — but it is not always the better choice. Here is how the two paths compare:

Simplified dissolution is genuinely simpler, but it requires both spouses to physically appear at the final hearing together and waives the right to financial disclosure from the other spouse and the right to trial. If your spouse cannot attend the hearing, or you want alimony addressed, the regular uncontested path (Form 12.901(b)(1)) is the safer fit. Our office reviews both options with you and recommends the one that matches your situation. Learn more in our simplified dissolution in Cape Coral guide.

What Forms Do You Need for a Cape Coral Divorce With No Kids?

Florida uses standardized family law forms available at flcourts.gov. For an uncontested divorce with no children in Cape Coral, the core documents are:

• Petition for Dissolution of Marriage: Form 12.901(a) for simplified dissolution, or Form 12.901(b)(1) ("with Property but No Dependent or Minor Children") for regular uncontested.
• Marital Settlement Agreement: the centerpiece document. It must divide all marital property, allocate every marital debt, and state whether either spouse receives alimony or both waive it. Form 12.902(f)(3) is the standard MSA for simplified dissolution.
• Family Law Financial Affidavit: Form 12.902(b) (short form, income under $50,000/year) or Form 12.902(c) (long form). These are generally required within 45 days of service under Florida Family Law Rule 12.285.
• Notice of Joint Verified Waiver of Filing Financial Affidavits: Form 12.902(k). In a regular uncontested case with no children, both spouses may agree to waive filing the affidavits, which streamlines the paperwork.
• Final Judgment of Dissolution of Marriage and a Certificate of Compliance with mandatory disclosure.

Because an MSA is a binding contract, small drafting errors — an omitted account, vague debt language, an unwaived alimony claim — can create problems years later. That is the practical value of having a Florida attorney prepare it rather than a non-lawyer typing service that cannot give legal advice or catch substantive mistakes.

Where Do You File an Uncontested Divorce in Cape Coral?

Cape Coral is in Lee County, which sits in Florida's Twentieth Judicial Circuit. You file your Petition for Dissolution of Marriage with the Lee County Clerk of Court & Comptroller, and the case is heard in the circuit's family law division at the Lee County Justice Center in downtown Fort Myers, across the river from Cape Coral.

Almost all Florida divorce documents are filed electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com — you do not have to drive to the courthouse to open a case. The Lee County Clerk also publishes family law self-help resources and the current filing fee schedule on its website.

Under F.S. 61.021, at least one spouse must have lived in Florida for 6 months before filing. Residency is proven with a Florida driver's license, voter registration card, or the sworn testimony of a corroborating witness who knows you are a Florida resident. For a deeper look at the local court, see where to file in Cape Coral divorce court.

For uncontested no-children cases, the Twentieth Circuit typically sets a brief final hearing — often only a few minutes — where the petitioner confirms residency and that the marriage is irretrievably broken. In simplified dissolution both spouses attend; in regular uncontested cases the court may enter judgment on the papers or set a short uncontested hearing. The court, not the parties, controls final scheduling.

How Long Does an Uncontested No-Children Divorce Take in Cape Coral?

Most uncontested Cape Coral divorces with no children finish in about 4 to 8 weeks from filing, though the court controls the calendar and timing varies. Because Florida has no mandatory waiting period, the pace is driven mainly by how quickly documents are signed, served, and scheduled — not by a statutory delay.

Here is the typical sequence:

A quick divorce in Cape Coral depends heavily on cooperation. When both spouses sign promptly and the paperwork is complete, cases move at the fast end of that range. Missing signatures, an incomplete MSA, or an unserved spouse are the usual causes of delay.

Does Alimony Come Up in a No-Children Divorce?

Alimony can still be part of a divorce with no children — children and alimony are separate issues under Florida law. Alimony is governed by F.S. 61.08, and Senate Bill 1416 (effective July 1, 2023) eliminated permanent alimony in Florida. The remaining forms are bridge-the-gap (maximum 2 years), rehabilitative (maximum 5 years, requires a written plan), and durational (capped by marriage length — 50% of the marriage for short-term marriages under 10 years, 60% for moderate-term 10-20 year marriages, and 75% for long-term marriages over 20 years).

In most uncontested no-children cases, both spouses simply agree to waive alimony in the Marital Settlement Agreement, and the judgment reflects that waiver. If one spouse will receive support, the amount and type are written into the MSA so the court can approve it. Either way, the agreement — not a contested hearing — controls the outcome, which keeps the case uncontested and eligible for the flat fee.

Uncontested vs. Contested: Why the Distinction Controls Your Fee

The $750 flat attorney fee applies only when your case is genuinely uncontested — both spouses agree on everything. The moment there is a real dispute over property, debts, or alimony, the case becomes contested, the flat fee no longer applies, and the process changes substantially.

If you and your spouse are close but not fully agreed, it is often worth resolving the remaining points before filing so you keep the case in the uncontested lane. Our office can tell you honestly whether your situation qualifies as uncontested or whether the disagreements make it too complex for a flat-fee dissolution.

Why Use a Florida Attorney Instead of an Online Form Service?

Online "divorce" and document-typing services can populate a form, but by law a non-lawyer service cannot give you legal advice, cannot tell you whether your Marital Settlement Agreement actually protects you, and cannot catch a substantive legal error before it becomes a permanent part of your judgment. In a no-children case the MSA is the entire deal — an ambiguous debt clause or an unwaived alimony right can surface long after the divorce is final.

With our firm, a licensed Florida attorney prepares and reviews your documents, confirms the correct forms and disclosures for Lee County, and answers your legal questions — all for a flat, transparent, statewide $750 attorney fee with the court's separate costs disclosed up front. That is a different service than self-help software, and for many Cape Coral couples with no children it is the difference between a form and a divorce that holds. If your case does involve kids, compare our uncontested divorce with children in Cape Coral guide instead.

Antonio G. Jimenez, Esq. has practiced Florida family law since 2006 and prepares uncontested dissolutions for clients across all 67 Florida counties.

Frequently Asked Questions

See the FAQ section below for detailed answers on cost, timeline, residency, and qualifying for a Cape Coral no-children divorce.

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.