Can I File for an Uncontested Divorce?

In Florida, you can file two types of divorces: contested and uncontested. Contested divorces are more common and are filed when couples disagree about any aspect of their divorce, such as property division or child custody agreements. Uncontested divorces, however, can be filed when a couple completely agrees on all issues regarding their divorce. Uncontested divorces have a variety of benefits but can only be filed under certain circumstances. Below, we discuss everything you need to know about filing an uncontested divorce. 

Uncontested Divorce Eligibility Requirements 

Anyone wishing to file for divorce in Florida must meet the state’s residency guidelines, which require the spouse filing the divorce to have lived in Florida as a permanent resident for at least six months. Other than the residency requirements, couples may file for an uncontested divorce if they agree on topics such as: 

  • Child custody
  • Child support 
  • Spousal support (also called alimony)
  • Property division 
  • Financial account handling
  • Debt payoff plans 

Your Petition for Dissolution of Marriage should list the specific agreed-upon terms. 

Benefits of Filing for an Uncontested Divorce 

Uncontested divorces are appealing to those who qualify because they are not as time-consuming and less expensive than regular divorce proceedings. Uncontested divorces also allow you to avoid the formal court process, although mediation may still be required in certain circumstances.

 Things to Consider When Filing an Uncontested Divorce 

Since you must agree with your ex-spouse on all major aspects of your divorce before filing for an uncontested divorce, here are some things you should consider: 

Asset and Property Division 

Property division can be a stressful part of divorce proceedings. However, to file for an uncontested divorce, you and your ex-spouse must have already agreed on how real property like houses, cars, boats, and financial property like bank accounts, investments, and savings should be split.  

Time-Sharing Plans 

To file an uncontested divorce, you must develop a parenting plan you and your ex-spouse agree with.  

Mandatory Financial Disclosure

You’ll need to share accurate and truthful financial information with the court about your financial status and responsibilities that will outlive the marriage.

How Long Does an Uncontested Divorce Take to File? 

Uncontested divorces typically don’t take as long as contested divorce cases. If all the forms are filled out correctly and there are no delays in the paperwork, an uncontested divorce can take about three months to finalize before settling. 

How to File for an Uncontested Divorce 

The first step is to file a Petition of the Dissolution of Marriage with the county court where you both resided. The petition should outline the proposed divorce terms, including why you’re seeking a divorce. There are only two valid reasons for divorce in Florida: irrevocably broken and mental incapacitation. Your ex-spouse should respond to the petition within 20 days. If there is no counter-petition, you can sign a marital settlement agreement and financial disclosure. A hearing will be scheduled, where a judge will review the documents. The final divorce decree will be granted if everything is in place.  

Remsen Family Law Firm: Divorce Attorneys in Lake and Seminole County 

If you’re considering filing for a divorce and are unsure whether to file a contested or uncontested divorce, call our office at 352-221-9837. We offer low-cost consultations to help guide you through the process. We will help protect your rights and develop solutions that meet your and your family’s needs.