An uncontested divorce is usually the fastest and least expensive way to get divorced in Florida. It avoids the cost, delay, and uncertainty of contested litigation because the spouses are not asking a judge to decide their issues. Instead, the spouses have already reached an agreement and need the paperwork drafted, filed, approved, and finalized correctly.
That sounds simple, but there is one point that should not be glossed over: an uncontested divorce requires agreement on all issues — not most issues, not the major issues, and not “everything except one thing.”
If you and your spouse still disagree about the house, retirement accounts, debt, alimony, child support, or the children’s time-sharing schedule, the case is not ready to be filed as an uncontested divorce. You may still be able to reach an agreement, but the agreement needs to be complete before the case can move through the court as an uncontested matter.
I help clients in Jacksonville, Duval County, Clay County, St. Johns County, and Nassau County with uncontested divorces. My goal is to make the process clear, efficient, and properly documented so that your agreement works not only on the day it is signed, but also months and years later.
What Is an Uncontested Divorce in Florida?
An uncontested divorce is a dissolution of marriage in which the spouses agree on every issue necessary to end the marriage.
For all uncontested divorces, the spouses must agree on:
- how marital assets will be divided;
- how marital debts will be divided; and
- whether there will be alimony, and if so, the amount, type, and duration.
If the spouses have minor children together, they must also agree on:
- a written parenting plan;
- the regular time-sharing schedule;
- holidays, school breaks, and summer time-sharing;
- parental responsibility and decision-making;
- child support under the Florida Child Support Guidelines;
- health insurance for the children;
- uncovered medical expenses; and
- work-related child-care costs, if any.
The agreement is usually written in a Marital Settlement Agreement. If minor children are involved, the divorce also requires a parenting plan and a child support guidelines worksheet.
Why Uncontested Divorce Is Usually Quicker and Less Expensive
A contested divorce can involve discovery, depositions, subpoenas, hearings, mediation, temporary-relief motions, expert witnesses, and trial preparation. Even when a contested case eventually settles, the parties may spend months and thousands of dollars getting there.
An uncontested divorce is different. Because the terms are agreed upon before filing, the court does not need to decide who gets what, how much support should be paid, or what time-sharing schedule is best for the children. The judge still reviews the paperwork and must approve the final judgment, but there is no trial.
That usually means:
- lower attorney’s fees;
- fewer court filings;
- less conflict;
- less time waiting on hearings;
- more privacy;
- more control over the outcome; and
- a faster path to final judgment.
In my experience, uncontested divorces are typically completed about 4 to 6 weeks after the case is filed with the Clerk of Court, assuming the documents are complete, both spouses sign promptly, and the court’s calendar is available. Florida law generally requires at least 20 days to pass after the petition is filed before a final judgment can be entered, so “instant divorce” claims should be treated carefully.
The Most Important Requirement: Agreement on Every Issue
The biggest misunderstanding about uncontested divorce is the idea that spouses can file uncontested because they agree on “almost everything.”
That is not enough.
A divorce can fall apart over one unresolved issue. It may be a large issue, such as whether one spouse will keep the marital home. It may be a smaller issue, such as who pays a credit card, how the tax refund is divided, which parent claims a child for tax purposes, or what time the children are exchanged on Sundays.
Those details matter. A vague agreement often becomes a future dispute.
Before an uncontested divorce is filed, the spouses should be able to answer questions like:
- Who keeps the home, or will it be sold?
- If one spouse keeps the home, will the mortgage be refinanced?
- How will bank accounts be divided?
- What happens to retirement accounts?
- Who is responsible for each credit card, loan, or vehicle payment?
- Will either spouse pay alimony?
- If there are children, what is the exact time-sharing schedule?
- What is the child support amount?
- Who pays health insurance and uncovered medical expenses?
- Who pays daycare or after-school care?
- Who claims the children for tax purposes?
If the answer is “we will figure that out later,” the agreement is not finished.
Dividing Assets and Debts in an Uncontested Divorce
Florida uses the term equitable distribution for the division of marital assets and debts. Equitable means fair. It does not always mean that every item is split down the middle.
In many uncontested divorces, there is no single perfect way to divide everything. Usually, there are several reasonable ways to reach a fair result. One spouse may keep a vehicle and take responsibility for the loan. One spouse may keep the house and refinance the mortgage. Retirement accounts may be equalized. Bank accounts may be divided. Credit card debt may be allocated based on who incurred it, who has the ability to pay it, or how the rest of the assets are being divided.
The goal is not to create a mathematically perfect division of every spoon, chair, account, and debt. The goal is to reach a division that is fair, clear, and workable — one both spouses can live with.
A good agreement should identify the major assets and debts clearly. It should also explain what must happen after the divorce. For example, if one spouse is keeping the marital home, the agreement should address refinancing, responsibility for the mortgage, taxes, insurance, repairs, deadlines, and what happens if refinancing is not possible.
Ambiguity is the enemy of a good uncontested divorce agreement.
Alimony Must Be Addressed Clearly
Alimony cannot be left vague in an uncontested divorce. The agreement should say either:
- no alimony will be paid by either spouse; or
- alimony will be paid, with the amount, type, duration, payment date, and termination terms clearly stated.
Florida alimony law has changed significantly in recent years. Permanent alimony has been eliminated for new cases, but Florida still recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony.
In an uncontested divorce, spouses have flexibility to agree on an alimony arrangement that works for them, but the agreement needs to be written carefully. It should address whether alimony is modifiable, when it ends, how it is paid, and how it interacts with child support if the spouses have children.
For more detail, see my page on Florida alimony.
Uncontested Divorce With Children
You can have an uncontested divorce in Florida even if you have children. The case is simply more detailed because the court must review the children’s best interests, the parenting plan, and the child support calculation.
Parents must agree on a parenting plan. A parenting plan should be specific enough that both parents understand their rights and responsibilities without having to guess. It should address the regular schedule, holidays, school breaks, summer, transportation, decision-making, communication, travel, school issues, medical care, and any special concerns unique to the children.
For more information on parenting schedules, see my page on time-sharing and parenting plans in Florida.
Parents are also required to complete a parenting course when they have minor children. This is true even when the divorce is uncontested. The purpose of the course is to help parents understand how divorce affects children and how to reduce conflict.
Child Support in an Uncontested Divorce
Child support is not optional in Florida. Parents can agree on many things, but child support still needs to be calculated under the Florida Child Support Guidelines.
The guideline calculation generally considers:
- each parent’s gross income;
- allowable deductions;
- the number of children;
- health insurance costs;
- daycare or work-related child-care costs;
- the number of overnights each parent has; and
- other support obligations, when applicable.
For an initial estimate, you can use my Florida Child Support Calculator. The calculator is a helpful starting point because it allows parents to see how income, overnights, health insurance, daycare, and alimony can affect the guideline number.
The calculator is not a substitute for legal advice. Small changes in income, tax treatment, overnights, or health insurance can change the result. But it is a good way to begin the discussion before final settlement terms are signed.
The Marital Settlement Agreement
The Marital Settlement Agreement is the core document in an uncontested divorce. It is the written contract that tells the court what the spouses have agreed to.
A strong Marital Settlement Agreement should cover:
- marital and non-marital property;
- real estate;
- vehicles;
- bank accounts;
- retirement accounts;
- investment accounts;
- business interests, if any;
- personal property;
- credit cards and loans;
- tax issues;
- alimony;
- life insurance, if needed;
- attorney’s fees and costs;
- child support;
- health insurance;
- uncovered medical expenses;
- child-care costs; and
- any other issue that could create a dispute later.
The final judgment will typically approve and incorporate the agreement. That means the agreement becomes enforceable by the court. This is why careful drafting matters. A cheap or rushed agreement can become expensive later if it leaves out important terms.
Do Both Spouses Need a Lawyer?
In an uncontested divorce, one spouse often hires the lawyer and the other spouse chooses not to hire separate counsel. That can work if both spouses are comfortable with the agreement and there is full financial transparency.
But one lawyer cannot represent both spouses in the same divorce. Even in a friendly uncontested case, the spouses have different legal interests. I can prepare documents and represent my client, but I cannot give legal advice to both spouses.
The other spouse has the right to review the documents, ask questions, and consult with another attorney before signing. In fact, that is often a good idea, especially when the agreement involves retirement accounts, real estate, alimony, a business, or children.
How the Uncontested Divorce Process Works
Every case is a little different, but the uncontested divorce process usually follows these steps.
1. Confirm That the Case Is Truly Uncontested
The first step is confirming that both spouses agree on every required issue. If there are unresolved questions, those should be addressed before filing.
2. Gather Financial Information
Even in an uncontested divorce, the financial picture matters. Income, assets, debts, retirement accounts, real estate, insurance, and child-related expenses all need to be identified accurately.
3. Draft the Marital Settlement Agreement
The Marital Settlement Agreement puts the financial terms in writing. If something is important, it should be in the agreement.
4. Draft the Parenting Plan and Child Support Worksheet
If there are minor children, the parenting plan and child support documents are prepared along with the settlement agreement.
5. Sign and File the Documents
Once the documents are complete, signed, and notarized where required, the case is filed with the Clerk of Court.
6. Attend the Final Hearing by Zoom
A final hearing is still required for uncontested divorces in Duval County, Clay County, St. Johns County, and Nassau County. However, those hearings are conducted over Zoom, so you do not need to physically appear at the courthouse.
The final hearing is usually brief. The judge confirms the required facts, reviews the paperwork, and determines whether the final judgment can be entered.
7. Final Judgment
Once the judge signs the Final Judgment of Dissolution of Marriage, the divorce is final.
How Long Does an Uncontested Divorce Take in Jacksonville?
Most uncontested divorces are completed about 4 to 6 weeks after the case is filed with the Clerk of Court. That timeline assumes the paperwork is complete, the spouses sign promptly, the parenting course is completed if required, and the judge’s calendar allows the final hearing to be set within that window.
The fastest cases are usually the ones where the spouses have already made the hard decisions before the paperwork is drafted. The slowest uncontested cases are usually the ones where the spouses thought they had an agreement, but important details were left unresolved.
When an Uncontested Divorce May Not Be the Right Fit
An uncontested divorce is not right for every case.
It may not be appropriate if:
- one spouse does not know the full financial picture;
- there are hidden assets or debts;
- one spouse feels pressured to sign;
- there is domestic violence or coercive control;
- a spouse is making unreasonable demands;
- the spouses cannot agree on parenting issues;
- child support has not been calculated correctly;
- there is a business, pension, or complicated retirement issue; or
- one spouse wants legal advice before agreeing.
In those situations, the case may still settle later, but it should not be rushed into an uncontested filing before the necessary information is known.
Why Use an Attorney for an Uncontested Divorce?
Some people assume that because the divorce is uncontested, the paperwork is just a formality. That is a risky assumption.
The agreement you sign may affect your home, retirement, support obligations, parenting schedule, tax issues, and future enforcement rights. A mistake may not show up immediately. It may show up when a spouse fails to refinance the house, a retirement account was never divided correctly, a child support amount is unclear, or the parenting plan does not address a real-life problem.
An experienced divorce attorney can help by:
- identifying issues the spouses may not have considered;
- drafting a clear Marital Settlement Agreement;
- preparing the parenting plan;
- calculating child support;
- making sure required documents are filed;
- preparing for the Zoom final hearing; and
- reducing the chance of future disputes.
The point of an uncontested divorce is not just to get divorced quickly. The point is to get divorced correctly, efficiently, and with an agreement that holds up.
The questionnaire gives me the information I need to understand your situation, identify the documents that will be required, and help move the process forward.
Submitting the questionnaire does not create an attorney-client relationship, but it is the most efficient way to begin.
You may also call my office at 904-858-4334 to discuss your situation.
Frequently Asked Questions About Uncontested Divorce in Jacksonville
Can we get an uncontested divorce if we have children?
Yes. An uncontested divorce with children is allowed in Florida, but the parents must agree on a parenting plan, time-sharing schedule, child support, health insurance, uncovered medical expenses, and child-care costs. Both parents must also complete the required parenting course.
Does uncontested divorce mean no court hearing?
No. A final hearing is still required in Duval County, Clay County, St. Johns County, and Nassau County. The good news is that those final hearings are conducted by Zoom, so you do not need to physically go to the courthouse.
How fast can an uncontested divorce be completed?
Most uncontested divorces are completed about 4 to 6 weeks after filing with the Clerk of Court. Florida also has a 20-day waiting period before a final judgment can generally be entered.
Can we agree that no child support will be paid?
Parents can agree on many issues, but child support must still be calculated under the Florida Child Support Guidelines. In some cases, the guideline amount may be low or a deviation may be appropriate, but child support should not simply be ignored.
What if we agree on everything except one issue?
If one issue remains unresolved, the case is not ready to proceed as an uncontested divorce. The issue may be resolved through negotiation or mediation, but the agreement needs to be complete before filing uncontested paperwork.
Can my spouse and I use the same attorney?
No. One attorney cannot represent both spouses in the same divorce. One spouse may hire the attorney, and the other spouse may choose to proceed without separate counsel or hire a lawyer to review the documents.
What is the difference between uncontested divorce and simplified divorce?
A simplified dissolution is a special Florida procedure with stricter eligibility requirements. Many couples do not qualify, especially if they have children, alimony issues, or more detailed property concerns. A standard uncontested divorce is often the better fit because it allows for a more complete agreement.