The Situation

A married couple who had been together for many decades and had lived apart for years decided to formally end the marriage. One spouse lived in Florida and the other lived in another state, so they could not sit down in the same room to sign anything. They had two grown children, no minor or dependent children, and no real estate. They had no joint bank accounts and no joint debts. Each had a vehicle, each had retirement savings in their own name, and each had a few personal debts. They had already agreed on how to divide everything and wanted the divorce finished without a hearing, without conflict, and without either spouse traveling.

What They Agreed On

Neither spouse asked for alimony, and both gave up that right permanently. The wife kept her car, which had no loan. The husband kept his vehicle and took responsibility for any loan on it, with a promise to reimburse his wife if she was ever asked to pay it. Each spouse kept every retirement account and every bank or investment account titled in their own name, and the agreement states that no retirement division order is needed. Each spouse kept responsibility for the debts in their own name, including the wife's outstanding medical bill. Personal belongings stay with whoever has them, with a short deadline after the judgment to return anything that belongs to the other person. The wife paid the court filing fee and the remote notary fees, and each spouse paid their own attorney's fees.

How the Process Worked

The firm prepared the full set of documents for a no-children case: the petition, the answer and waiver of service, a joint notice waiving the exchange of financial affidavits, the special interrogatories, and the settlement agreement. Both spouses reviewed the documents, then signed them in a single remote online notary session, each from their own state, with their identities verified by video and government-issued ID. The documents were filed with the court the same day they were returned. After filing, the firm prepared a proposed Final Judgment with the stamped settlement agreement attached and submitted it to the judge. The judge signed and entered the Final Judgment without a hearing.

Timeline

The case was filed 21 days after the wife hired the firm, and the Final Judgment was entered 6 days after filing, for 27 days from hire to judgment.

What Other Couples Can Take From This

Distance between spouses does not have to slow an agreed divorce. A remote online notary session let both spouses sign together without travel, and a clear settlement agreement that addresses every vehicle, account, and debt left the court nothing to question. Couples with no children and no real estate who have already settled their terms can often reach a Final Judgment quickly, as long as the paperwork is complete and consistent when it is filed.

What Slowed This Case Down

  • The spouses lived in different states, so signing was scheduled as one remote online notary session.

Frequently Asked Questions

Can an uncontested divorce be finished if the spouses live in different states?

Yes. Only one spouse needs to meet Florida's residency requirement, and the other spouse can participate by signing the documents before a remote online notary. In this case each spouse signed from their own state in one video session, so nobody had to travel.

Do we have to go to court for an uncontested divorce?

Not in a case like this one. When the spouses agree on every term and there are no children, the court can review the paperwork and enter the Final Judgment without a hearing. The judge in this case entered the judgment from the written filing alone.

Why was the case filed in a county where neither spouse lives?

Florida divorce law allows spouses to agree on where the case is filed. In this case the settlement agreement contains a venue-by-consent clause, in which both spouses consented to filing and judgment in the chosen county. That let the firm file in a county where the court handles these cases efficiently.

What happens to retirement accounts and bank accounts when the spouses keep their own?

When each spouse keeps the accounts in their own name and gives up any claim to the other's accounts, the agreement says so in writing and the judge incorporates it into the Final Judgment. Because no account is being divided, no retirement division order is required.

How long did this uncontested divorce take?

The case was filed 21 days after the wife hired the firm, and the Final Judgment was entered 6 days after filing, for 27 days from hire to judgment. Most of the time before filing went to drafting, review, and scheduling one signing session for spouses in two states.

Does a final judgment make the settlement agreement enforceable?

Yes. The Final Judgment ratifies the agreement and incorporates it by reference, so its terms become a court order that either spouse can enforce if the other does not comply.

About the Author

Antonio G. Jimenez, Esq., Florida divorce attorney

Antonio G. Jimenez, Esq.

Florida attorney since 2006 · Florida Bar #21022 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

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