Uncontested Divorce in Florida

An uncontested divorce is one in which the spouses have resolved all their marital issues, but they do not qualify for a simplified divorce due to having children or because alimony is involved. Uncontested means they’ve reached an agreement on such things as custody (also known as “parental responsibility”), child support, parenting time (visitation), alimony (spousal support) and division of marital property.

To obtain an uncontested divorce with these issues, you have to meet all the following conditions: both spouses must agree to using this method of divorce, at least one of the spouses has lived in Florida for the past six months, the spouses have agreed on how to divide all of their assets and debts, resolved the issue of alimony and agreed on a parenting plan for the children, and agreed that the marriage is irretrievably broken.

Having to create a parenting plan and a written settlement agreement makes this option slightly more involved than the simplified dissolution of marriage process. It still allows you to have your case move forward as uncontested, as long as you and your spouse have agreed on how resolve all of your divorce-related issues. An uncontested divorce using this method can proceed much more quickly than a contested one.

Back ↵