To file for an uncontested divorce in Florida, at least one spouse must have lived in the state for the past six months, both spouses must agree on every issue in writing, and you file a petition and marital settlement agreement with the Clerk of the Circuit Court in the county where either of you lives. A judge cannot sign the final judgment until 20 days after the petition is filed, so the fastest realistic timeline is roughly three to four weeks.
Who Qualifies as Uncontested
At least one spouse must have been a Florida resident for the six months immediately before filing.1Florida Senate. Florida Code 61.021 – Residence Requirements A Florida driver’s license, voter registration card, state ID, or an affidavit from someone who can confirm where you live will prove it.2FindLaw. Florida Code 61.052 – Dissolution of Marriage
Florida is a no-fault state. The only ground you need to allege is that the marriage is “irretrievably broken.”2FindLaw. Florida Code 61.052 – Dissolution of Marriage You don’t have to prove adultery, abuse, or anything else.
For the case to stay uncontested, you and your spouse must agree on everything: how to divide property and debts, whether either spouse receives alimony, and if children are involved, parenting time, decision-making, and child support. Disagreement on even one issue pushes the case onto the contested track, which is longer and more expensive.
Simplified Dissolution: The Shorter Track
Florida offers a streamlined procedure called simplified dissolution. You qualify only if all of the following are true:
- You have no minor or dependent children together, and the wife is not pregnant.
- You both agree the marriage cannot be saved.
- You’ve already agreed on how to divide all assets and debts.
- Neither spouse is asking for alimony.
- Both spouses are willing to give up the right to a trial and appeal.
- Both spouses sign the petition and attend the final hearing together.
If you qualify, you file a joint petition on Form 12.901(a) rather than one spouse petitioning and the other responding, and you can waive the otherwise-mandatory financial affidavits.4Florida State Courts System. Family Law Financial Affidavit – Short Form 12.902(b) If you have children, want alimony, or can’t both appear at the hearing, use the standard uncontested procedure instead.
Forms for a Standard Uncontested Case
The core documents are:
- Petition for Dissolution of Marriage. One spouse (the petitioner) files this. It states the grounds, identifies any children, and lists what the petitioner is asking the court to do.
- Marital Settlement Agreement. The heart of an uncontested case. It spells out exactly how property and debts are divided and the amount and duration of any alimony.
- Financial Affidavit. Each spouse files one, disclosing income, expenses, assets, and debts. Use the short form (12.902(b)) if your individual gross annual income is under $50,000, and the long form (12.902(c)) if it’s $50,000 or more.4Florida State Courts System. Family Law Financial Affidavit – Short Form 12.902(b)
To fill these out you’ll need each spouse’s full legal name, date of birth, and Social Security number, the date and place of the marriage, recent pay stubs or tax returns, and a detailed list of marital assets and debts with current values. All Florida Supreme Court-approved family law forms are free through the Florida Courts self-help website or your local Clerk of Court’s office.5Florida State Courts System. Dissolution of Marriage
Extra Steps When Minor Children Are Involved
You must file a Parenting Plan covering parenting time, how major decisions about education and healthcare will be made, and child support. The judge will not sign a final judgment without one.
Both parents also have to complete a state-approved Parent Education and Family Stabilization Course. The petitioner has 45 days from filing the petition to finish it, and the other parent has 45 days from being served or signing a waiver. Proof of completion must be filed before the final judgment can be entered.6Online Sunshine. Florida Code 61.21 – Parenting Course Requirement Skipping the course can result in a contempt finding or lost parenting time, so treat it as required, not optional.
Filing with the Clerk and the Fee
File your completed, signed documents with the Clerk of the Circuit Court in the county where either spouse lives. You can file in person or electronically through the Florida Courts E-Filing Portal.7Florida Courts Help. Filing Your Forms
The filing fee for a dissolution petition runs roughly $400 to $410, with slight variation by county. Confirm the current amount with your clerk before filing.
If you can’t afford the fee, apply for a determination of civil indigent status. You disclose your income, assets, and debts, and the clerk decides whether you qualify. If approved, your filing and summons fees are waived; other costs during the case are not.8Florida State Courts System. Application for Determination of Civil Indigent Status A denial can be appealed to a judge at no charge.
How Your Spouse Gets Notified
After the petition is filed, the other spouse (the respondent) has to be officially notified. In a contested case, that means formal service through a sheriff’s deputy or private process server. In an uncontested case, the respondent typically signs an Answer, Waiver, and Request for Copy of Final Judgment instead. The document acknowledges receipt of the petition, waives formal service, and tells the court the respondent agrees to the terms.
The case cannot move toward a final hearing until the respondent has either been served or filed the waiver, so get it signed and filed promptly.
The 20-Day Wait and the Final Judgment
Florida requires a 20-day waiting period between the filing of the petition and the date a judge can sign the final judgment. A court can shorten the wait only if delay would cause injustice, which rarely applies in uncontested cases.9Florida Senate. Florida Code 61.19 – Entry of Judgment of Dissolution of Marriage, Delay Period
After the wait, the case goes to finalization. Many Florida counties let uncontested divorces finalize without anyone appearing in court when every required document, including the marital settlement agreement and any parenting plan, is on file and properly signed. Other judges still require a brief final hearing to confirm both spouses understand and agree to the terms. Ask your county clerk or the judge’s office what applies locally.
Once the judge signs the Final Judgment of Dissolution of Marriage, the marriage is legally over. The judgment incorporates your settlement agreement and parenting plan, which makes those terms enforceable court orders.
Terms Worth Getting Right in the Settlement
Three pieces of an uncontested settlement cause the most trouble after the fact.
Alimony
Florida recognizes three types of alimony after its 2023 reform:
- Bridge-the-gap alimony helps one spouse transition from married to single life, covers short-term identifiable needs, cannot last longer than two years, and cannot be modified once awarded.
- Rehabilitative alimony funds education, training, or skill development so a spouse can become self-supporting. It requires a specific written plan and cannot exceed five years.
- Durational alimony provides support for a set period. It is only available for marriages lasting at least three years, and the duration generally cannot exceed the length of the marriage.
Permanent alimony was eliminated in 2023, so it is not an option in new agreements. Specify the type, amount, and duration clearly; vague language causes enforcement problems later.
Retirement Accounts
To divide a 401(k), pension, or similar employer-sponsored plan without triggering taxes or early-withdrawal penalties, you need a Qualified Domestic Relations Order, or QDRO. This is a separate court order that directs the plan administrator to transfer a specified amount or percentage to the other spouse’s account. The receiving spouse can roll those funds into their own retirement account tax-free; a cash distribution instead becomes taxable income. A QDRO must include each party’s name and mailing address and the exact amount or percentage being transferred, and it cannot award benefits the plan doesn’t already offer.11Internal Revenue Service. Retirement Topics – QDRO Qualified Domestic Relations Order
IRAs don’t require a QDRO and can be divided through a transfer incident to divorce, but the divorce decree or settlement agreement has to specifically authorize the split. Getting a QDRO drafted and approved by both the court and the plan administrator takes time, so start the process early rather than months after the divorce.
Restoring a Former Name
If you changed your name when you married and want it back, ask for the restoration in your petition or settlement agreement. The judge can restore your prior name in the final judgment, which avoids a separate name-change case. Once the judgment is entered, use a certified copy to update your driver’s license, Social Security card, bank accounts, and other records.