Uncontested Divorce in FL When Spouse Lives Out of State

Yes, you can get an uncontested divorce in Florida even if your spouse lives in another state. As long as one spouse has met Florida's 6-month residency requirement under F.S. 61.021, Florida courts have jurisdiction to dissolve the marriage. Our firm prepares uncontested Florida divorces for a $750 flat attorney fee statewide (court costs of about $408-$410 and notary are separate). The out-of-state spouse signs and notarizes the documents wherever they live.

Can You Get an Uncontested Divorce in Florida If Your Spouse Lives in Another State?

A long distance uncontested divorce in Florida is not only possible — it is common. Florida does not require both spouses to live in the state. Under Florida Statute 61.021, only ONE spouse must have been a Florida resident for at least 6 months immediately before filing the Petition for Dissolution of Marriage. The other spouse can live anywhere in the United States or abroad.

The key requirement for an uncontested divorce spouse another state Florida scenario is agreement. Both spouses must agree on every issue: division of property, division of debts, time-sharing and parenting plan (if there are minor children), child support, and alimony. When both parties sign a written Marital Settlement Agreement, the physical location of the out-of-state spouse becomes a logistical detail rather than a legal barrier.

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 need your spouse's permission to file, and you do not need to prove wrongdoing. When the spouse who lives out of state cooperates and signs the agreement, the case proceeds as a standard uncontested dissolution regardless of state lines.

Florida Has Jurisdiction Over the Marriage — But Not Always Over the Person

There is an important legal distinction in any divorce spouse out of state Florida case. Florida always has jurisdiction to dissolve the marriage itself once the 6-month residency requirement is met (this is called "in rem" or subject-matter jurisdiction over the marital status). That means a Florida court can grant the divorce and divide Florida property.

However, Florida may NOT have personal jurisdiction over an out-of-state spouse to order them to pay alimony, child support, or to divide their separately held out-of-state assets — unless that spouse has sufficient minimum contacts with Florida or voluntarily submits to the court's jurisdiction. In an uncontested case this is rarely a problem: when the out-of-state spouse signs the Marital Settlement Agreement and agrees to the terms, they consent to the court's authority to enforce those terms. This is one reason a properly drafted MSA matters so much in long-distance cases.

How Much Does an Uncontested Divorce Cost When Your Spouse Lives Out of State?

The attorney fee is the same whether your spouse lives next door or across the country. Our firm handles uncontested Florida divorces for a $750 flat attorney fee — the same price in all 67 Florida counties (court costs of approximately $408-$410 and notary fees are separate and paid by you). Living in different states does not increase the legal complexity of an uncontested case, so it does not increase the fee.

Here is a transparent breakdown of what you can expect to pay in a typical out-of-state uncontested divorce:

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. For a deeper look at how the flat fee works, see our guide on uncontested divorce cost in Florida.

When both spouses cooperate and sign the petition jointly (or the out-of-state spouse signs an Answer and Waiver), you can usually avoid the process server fee entirely. That makes a cooperative long-distance divorce one of the most cost-predictable family law matters in Florida.

How Do You Serve Divorce Papers on a Spouse in Another State?

Serving divorce papers out of state is one of the most common questions in long-distance Florida divorces. In a fully cooperative uncontested case, you often do not need traditional "service" at all. There are three main ways to satisfy Florida's notice requirements when your spouse lives elsewhere:

For a cooperative out-of-state spouse, the cleanest approach is to have them sign the documents (notarized in their home state) and file an Answer and Waiver. This eliminates the need for serving divorce papers out of state through a process server and keeps costs down.

What the Out-of-State Spouse Has to Sign and Notarize

In most cooperative cases, the spouse living in another state will need to sign and notarize:

• The Marital Settlement Agreement (Form 12.902(f)(3) for simplified dissolution, or a comparable MSA)
• An Answer, Waiver, and Request for Copy of Final Judgment (if not joining as co-petitioner)
• A Family Law Financial Affidavit (Form 12.902(b) or (c)) — unless both parties waive filing it using Form 12.902(k)
• A Parenting Plan (if there are minor children)

Notarization is widely available across the country at banks, UPS Stores, shipping centers, and through online remote notary services. Once notarized, the out-of-state spouse mails or sends the signed originals back so they can be filed with the Florida clerk through the E-Filing Portal.

How to File an Uncontested Divorce in Florida When Your Spouse Lives Out of State

Here is the step-by-step process for a long distance uncontested divorce in Florida:

For a complete walk-through of the forms and timeline, see our uncontested divorce checklist for Florida and our guide on filing an uncontested divorce in Florida.

Which Florida Forms Do You Need for an Out-of-State Uncontested Divorce?

Florida uses standardized Supreme Court Approved Family Law Forms, all available free at flcourts.gov. Here are the core forms for an uncontested case where one spouse lives in another state:

The Marital Settlement Agreement is the document that makes an out-of-state divorce work smoothly. Because the spouses are in different states, the MSA must cover every issue completely so the court never needs the absent spouse to clarify anything. A well-drafted MSA addresses: division of all marital property, allocation of all marital debts, time-sharing and parental responsibility, child support calculated under F.S. 61.30, and any alimony (or a mutual waiver of alimony).

What Is the Difference Between Simplified and Regular Uncontested Dissolution for Out-of-State Spouses?

The path you choose depends largely on whether the out-of-state spouse can travel to Florida for the final hearing. Simplified dissolution under F.S. 61.052(2) requires BOTH spouses to appear at the final hearing — which is often impractical when one spouse lives across the country. The regular uncontested path is more flexible for long-distance cases.

For most uncontested divorce spouse another state Florida cases, the regular uncontested dissolution is the better fit because it does not force the out-of-state spouse to travel to Florida for the hearing. The out-of-state spouse signs the MSA and an Answer and Waiver, and the Florida-resident spouse handles the brief final hearing. To understand the broader distinction, see our guide on uncontested vs. contested divorce in Florida.

How Does Property Division Work When Spouses Live in Different States?

Florida applies equitable distribution under F.S. 61.075 to all marital property — that is, assets and debts acquired during the marriage, regardless of which spouse's name is on the title and regardless of which state the property sits in. Equitable distribution means a fair division, not necessarily a 50/50 split, though courts start with a presumption of equal distribution.

In an uncontested case, the spouses themselves decide how to divide everything in the Marital Settlement Agreement. The court does not impose a division; it approves the agreement the parties reached. This is what makes a cooperative out-of-state divorce straightforward: even if one spouse kept the marital home in Florida and the other moved to Georgia, the MSA simply states who gets what.

A few practical points for divided households:

• Real estate in another state can be addressed in the Florida MSA (e.g., who keeps it, who refinances), though transferring title may require a deed recorded in the property's home state.
• Retirement accounts divided in the MSA may need a Qualified Domestic Relations Order (QDRO) to actually transfer funds.
• Separate property — assets owned before the marriage, or received by gift or inheritance and kept separate — is generally not divided (F.S. 61.075).

For a detailed treatment, see our guide on property division in an uncontested Florida divorce and our guide on dividing debt in a Florida divorce.

What About Child Support and Time-Sharing When Parents Live in Different States?

When parents live in different states, time-sharing and child support require careful drafting, but they remain entirely possible in an uncontested case. Florida law uses the terms "time-sharing" (the schedule) and "parental responsibility" (decision-making), never "custody." Courts must approve a Parenting Plan under F.S. 61.13 that serves the best interests of the child.

Florida law presumes that equal time-sharing is in the best interest of the child (effective July 1, 2023, under F.S. 61.13(3)). When parents live in different states, a strict 50/50 schedule may not be practical, so parents typically craft a long-distance parenting plan — for example, the child lives primarily with one parent during the school year and spends extended time with the other parent during summers and holidays, with regular video contact. Because the case is uncontested, the parents design the plan themselves and the court approves it.

Child support is calculated under the Florida Child Support Guidelines in F.S. 61.30, which consider both parents' net incomes and the number of overnights. Travel costs for long-distance time-sharing can be allocated between the parents in the parenting plan. For more, see our guide on child support in an uncontested Florida divorce and our guide on uncontested divorce with children in Florida.

Note that the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has jurisdiction over time-sharing — generally the child's "home state" (where the child has lived for the last 6 months). If the children live with the Florida parent, Florida is typically the home state. If the children live out of state with the other parent, jurisdiction questions can arise, and you should discuss your specific situation with our office.

Why Hire a Licensed Florida Attorney Instead of an Online Form Service?

Long-distance uncontested divorces have more moving parts than same-city cases: coordinating signatures and notarization across state lines, deciding whether to serve or use a waiver, drafting an MSA airtight enough that the absent spouse never needs to return, and confirming the court has the jurisdiction it needs to enforce support and property terms. These are exactly the points where a non-lawyer document-preparation or typing service falls short — by law, such services cannot give legal advice, cannot tell you which path or form fits your facts, and cannot catch a substantive error before it reaches the judge.

When you work with our firm, a licensed Florida attorney prepares and reviews your documents, confirms the MSA and parenting plan are complete, and answers your legal questions throughout. The value of an attorney-prepared uncontested divorce at a flat $750 fee is certainty: you are not guessing whether you used the right form or whether your out-of-state spouse signed the right waiver. For a candid discussion of when professional help is worth it, see our guide on whether you need a lawyer for an uncontested Florida divorce.

An uncontested flat-fee divorce is an excellent fit when both spouses genuinely agree on all issues. If the out-of-state spouse stops cooperating, disputes the terms, or refuses to sign, the case is no longer uncontested and the flat fee no longer applies — at that point, a contested process and different fee structure would be required.

Frequently Asked Questions

See the FAQ section below for detailed answers to the most common questions about getting an uncontested divorce in Florida when your spouse lives in another state.

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.