Uncontested vs Contested Divorce in Florida (2026 Guide)

An uncontested divorce in Florida means both spouses agree on every issue — property, debts, time-sharing, child support, and alimony — and is resolved in weeks for a flat attorney fee, with no trial. A contested divorce means the spouses disagree on one or more issues, requires mandatory mediation under Florida Statute § 61.183, and can take 8-18 months and cost $7,500-$30,000 per spouse. Our firm prepares uncontested Florida divorces for a $750 flat attorney fee statewide (court costs ~$408-$410 and notary are separate).

Understanding the difference between uncontested vs contested divorce florida couples face is the single most important decision in the dissolution process. It determines your cost, your timeline, your stress level, and whether a flat-fee attorney can handle your case or whether you need full litigation representation. This guide breaks down both paths under Chapter 61 of the Florida Statutes so you can identify which divorce is right for me — and what to do next.

What Is the Difference Between an Uncontested and Contested Divorce in Florida?

The difference between uncontested and contested divorce in Florida comes down to one word: agreement. In an uncontested divorce, both spouses have reached a complete agreement on all terms of the marriage's end. In a contested divorce, the spouses dispute one or more issues and ask a judge to decide them.

Florida is a no-fault state under Florida Statute § 61.052 — the only ground for divorce is that the marriage is "irretrievably broken." That no-fault standard applies to both uncontested and contested cases. The classification does not depend on why the marriage ended; it depends on whether the spouses agree on the financial and parenting terms of the dissolution.

An uncontested divorce requires agreement on every one of these issues:

• Division of marital property and assets (under the equitable distribution rules of F.S. § 61.075)
• Division of marital debts and liabilities
• Time-sharing schedule and parental responsibility for any minor children (under F.S. § 61.13)
• Child support amount (calculated under the guidelines in F.S. § 61.30)
• Alimony — whether any is paid, the type, amount, and duration (under F.S. § 61.08)

If the spouses agree on all of these, the case is uncontested and is documented in a written Marital Settlement Agreement. If they disagree on even one — say, who keeps the house, or how holidays are split — the case is contested until that issue is resolved or a judge decides it.

Uncontested vs Contested Divorce in Florida: Side-by-Side Comparison

The two paths diverge sharply on cost, timeline, court involvement, and emotional toll. The table below compares them directly.

The cost difference is the most dramatic. Traditional contested divorces in Florida commonly run $7,500 to $30,000 or more per spouse because attorneys bill hourly — and disputes over assets, alimony, and time-sharing generate hours quickly. Our firm handles uncontested cases for a $750 flat attorney fee statewide, the same price in every one of Florida's 67 counties, with court costs (~$408-$410) and notary fees disclosed separately and up front.

How Much Does an Uncontested Divorce Cost in Florida?

An uncontested divorce in Florida costs a $750 flat attorney fee at our firm, the same price in all 67 counties, plus the county court filing fee of approximately $408-$410 and any notary fees, which are paid separately by the client. There are no hourly charges and no surprise add-ons for a standard uncontested case.

That flat structure exists because an uncontested case is predictable. When both spouses agree, there is no discovery, no motion practice, no contested mediation, and no trial. The attorney work is preparing accurate documents — the petition, the Marital Settlement Agreement, the financial affidavits or waiver, and (if there are children) the parenting plan and child support worksheet — and guiding the case to a Final Judgment.

By contrast, contested divorce florida cost figures are far higher and far less predictable. Because contested cases are billed hourly, the total depends entirely on how much the spouses fight. A relatively simple contested case might settle after one mediation for several thousand dollars in fees; a contested case that goes to trial over a business valuation or a relocation dispute can exceed $30,000 per spouse.

The $750 flat fee covers the attorney's work. It does not include:

• The county filing fee (~$408-$410, set by each county clerk)
• Notary fees (typically $50 per signing session)
• A process server, if your spouse must be formally served ($40-$75)

For a deeper look at why a transparent flat fee makes sense for agreed cases, see our guide on the Marital Settlement Agreement in Florida, the document that makes most uncontested cases possible.

How Long Does Each Type of Divorce Take in Florida?

An uncontested divorce in Florida typically takes 4 to 8 weeks from filing to Final Judgment, because Florida has no mandatory waiting period after filing (F.S. Chapter 61) and the court simply needs to schedule a brief final hearing to approve the agreement. A contested divorce typically takes 8 to 18 months because of mediation, discovery, and the court's trial calendar.

Florida's lack of a statutory waiting period is a meaningful advantage. Many states impose a 60- or 90-day cooling-off period; Florida does not. Once the petition is filed and the agreement is in place, the only real constraint is how quickly the local circuit court can schedule the final hearing.

Several factors lengthen a contested case:

• Mandatory mediation is required in most Florida circuits under F.S. § 61.183 before a contested case can proceed to trial
• Mandatory financial disclosure and discovery — exchanging bank statements, tax returns, and retirement account records
• Court scheduling — contested hearings and trials compete for limited judicial time
• Expert involvement — business valuations, custody evaluations, or vocational experts each add months

Keep in mind that the court controls scheduling in every case. While uncontested cases are dramatically faster, no attorney can guarantee a specific date, because the final hearing depends on the individual judge's calendar.

What Are the Two Types of Uncontested Divorce in Florida?

Florida offers two uncontested paths, and choosing the right one matters. The first is simplified dissolution; the second is regular uncontested dissolution. They use different forms and have different eligibility rules.

Simplified Dissolution of Marriage

Simplified dissolution is authorized by Florida Statute § 61.052(2) and filed using Form 12.901(a) (Petition for Simplified Dissolution of Marriage). It is the fastest path, but it has strict requirements. To use it:

• There must be no minor or dependent children, and the wife cannot be pregnant
• Neither spouse may seek alimony
• Both spouses must agree on the division of all property and debts
• Both spouses must appear together at the final hearing

Simplified dissolution waives two important rights: the right to a trial and the right to financial disclosure from the other spouse. For couples who genuinely agree and have simple finances, that trade-off is often worthwhile. The standard agreement is Form 12.902(f)(3) (Marital Settlement Agreement for Simplified Dissolution of Marriage).

Regular Uncontested Dissolution

A regular uncontested dissolution is used when simplified dissolution does not fit — most commonly when there are minor children, when one spouse seeks alimony, or when one spouse cannot appear at the hearing. It is filed using 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 dependent or minor children).

The case is resolved through a written Marital Settlement Agreement and, if there are children, a Parenting Plan that complies with F.S. § 61.13. This path preserves financial disclosure rights and does not require both spouses to attend the hearing, which makes it the right choice for most families. For couples with children, our guide on the parenting plan in a Florida uncontested divorce walks through what the plan must contain.

What Is a Marital Settlement Agreement and Why Does It Matter?

The Marital Settlement Agreement (MSA) is the centerpiece of nearly every uncontested Florida divorce. It is the written contract that records exactly how the spouses have agreed to divide everything and parent any children. When the judge approves it, it becomes part of the Final Judgment and is enforceable as a court order.

A complete MSA must address:

• Division of marital property — the home, vehicles, bank accounts, and retirement accounts (governed by the equitable distribution standard in F.S. § 61.075)
• Division of marital debts — mortgages, credit cards, car loans, and other liabilities
• Time-sharing and parental responsibility, if there are minor children (F.S. § 61.13)
• Child support, calculated under the guidelines of F.S. § 61.30
• Alimony — whether any is paid, and if so the type, amount, and duration (F.S. § 61.08), or an express waiver

The reason a complete, correctly drafted MSA matters so much is that errors are expensive and hard to fix after the divorce is final. An MSA that is silent on a retirement account, vague about a holiday schedule, or non-compliant with the child support guidelines can be rejected by the judge or lead to post-judgment litigation. This is where attorney preparation earns its value — our firm prepares and reviews the MSA so it is complete and internally consistent before it ever reaches the judge.

What About Mandatory Financial Disclosure?

Florida requires both spouses to exchange financial information so that any agreement on property, support, and alimony rests on accurate numbers. In most cases, each spouse files a Family Law Financial Affidavit — Form 12.902(b) (short form, for income under the statutory threshold) or Form 12.902(c) (long form) — generally within 45 days of service.

In an uncontested case, the spouses may agree to waive filing the financial affidavits by signing and filing Form 12.902(k) (Notice of Joint Verified Waiver of Filing Financial Affidavits), which is authorized under Florida Family Law Rule 12.285. Waiving the filing can simplify an uncontested case, but it should be a knowing decision — the affidavit protects both spouses by confirming that the agreement was built on full financial information.

In a contested case, financial disclosure is rarely optional and is often expanded through formal discovery — depositions, document requests, and sometimes forensic accountants. That added process is one of the biggest reasons contested cases cost so much more.

When Is Each Type of Divorce the Right Fit?

Deciding which divorce is right for me starts with an honest look at how much you and your spouse agree. An uncontested flat-fee divorce is a strong fit when the relationship has ended amicably enough to negotiate, and a contested process is necessary when key issues genuinely cannot be resolved by agreement.

An uncontested divorce is typically a good fit when:

• Both spouses want the divorce, or at least both accept that it is happening
• You agree (or can readily agree) on dividing property, debts, and any time-sharing
• Neither spouse is hiding assets or income
• There is no domestic violence that makes safe negotiation impossible

A contested divorce is usually necessary when:

• You cannot agree on a major issue — the house, alimony, or the time-sharing schedule
• One spouse suspects the other is concealing assets or understating income
• There is a history of domestic violence or coercion
• Complex assets — a business, multiple properties, or significant retirement accounts — require valuation

Importantly, choosing uncontested does not mean choosing to go without a lawyer. It means the legal work is focused and predictable, which is exactly why it can be handled at a flat fee. A licensed Florida attorney still prepares your documents, confirms your MSA and parenting plan are complete, and answers your legal questions — protections that a non-lawyer typing or form-filling service cannot provide because such services are not permitted to give legal advice or catch substantive legal errors. For a city-level example of how the uncontested process unfolds, see our guide on how to file an uncontested divorce in Miami, Florida.

What Does the Florida Divorce Filing Process Look Like?

The Florida divorce process begins when one spouse files a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. At least one spouse must have lived in Florida for 6 months before filing, as required by F.S. § 61.021 — proven by a Florida driver's license, voter registration, or a corroborating witness.

For an uncontested case, the steps are:

A contested case follows a longer road: after the petition and answer, the parties exchange disclosures and conduct discovery, attend mandatory mediation under F.S. § 61.183, and — if unresolved — proceed to trial, where a family court judge decides every disputed issue. Standardized family law forms for both paths are available at flcourts.gov.

What Happens to Alimony and Time-Sharing in Each Path?

Alimony and time-sharing are decided very differently depending on whether a case is agreed or contested. In an uncontested divorce, the spouses decide these terms themselves and record them in the MSA. In a contested divorce, the judge applies the Florida statutes to set them.

On alimony, Florida law changed significantly in 2023. Senate Bill 1416, effective July 1, 2023, eliminated permanent alimony under F.S. § 61.08. The remaining forms are:

• Bridge-the-gap alimony — short-term transitional support, maximum 2 years, non-modifiable
• Rehabilitative alimony — supports education or training to become self-supporting, maximum 5 years, with a required plan
• Durational alimony — capped by marriage length (up to 50% of the marriage for short-term marriages, 60% for moderate-term, 75% for long-term)

In an uncontested case, spouses may agree to waive alimony entirely in the MSA. We cover the 2023 reform in detail in our explainer on Florida's permanent alimony ban.

On time-sharing, F.S. § 61.13(3) now includes a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child, effective July 1, 2023. In an uncontested case, parents build their own schedule into the parenting plan; in a contested case, the judge sets the schedule after weighing the statutory best-interest factors. Florida uses the terms "time-sharing" and "parental responsibility" — never "custody."

Frequently Asked Questions

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

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.