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Guide to Uncontested Divorce in Florida

December 23, 2025

Uncontested / Simple Divorce in Florida: A Plain-English Guide

If you and your spouse agree the marriage is over, the last thing you probably want is a long, expensive court fight. For many couples, an uncontested divorce in Florida, sometimes called a simple divorce, can be a faster, more affordable way to legally end the marriage.

In Florida, DIY filers quickly learn one thing: the process is less about “knowing the law” and more about using the right Florida Supreme Court family law forms (the 12.900 series) in the right order, with the right attachments.

This guide explains, in plain English, how simple and uncontested divorce in Florida usually works: who qualifies, the main steps, how long it can take, and where a do-it-yourself approach and a self-help kit can fit in.

Important: PlainDivorce.com is not a law firm. This article is legal information only, not legal advice. Court rules, forms, and fees change, and the right approach for your situation is something only you and (if you choose) a Florida lawyer can decide.

Table of Contents

uncontested divorce in Florida

1. What Is an Uncontested or Simple Divorce in Florida?

Florida calls a divorce a “dissolution of marriage.” You do not have to prove anyone did something wrong. For most people, the legal ground is simply that the marriage is “irretrievably broken”, meaning it cannot be saved.

An uncontested divorce means that you and your spouse:

  • Agree that the marriage is irretrievably broken, and
  • Agree on all issues, including children (if any), child support, spousal support (alimony), and division of property and debts.

The judge still has to review your case, but there is no trial because nothing is in dispute. You are asking the court to approve the agreement you have already reached.

Florida also offers a streamlined procedure called a Simplified Dissolution of Marriage. This is not just a “simpler divorce.” It’s a specific process with a specific form: Petition for Simplified Dissolution of Marriage (Form 12.901(a)).

In contrast, a standard divorce case starts with a Petition for Dissolution of Marriage (Form 12.901). In many regular (non-simplified) uncontested cases, that’s commonly Form 12.901(b) (one of the regular petition options).

Why this distinction matters: many couples are “uncontested,” but they do not qualify for the “simplified” track. If you pick the wrong track, you can lose time redoing paperwork.

Quick decision guide: Simplified vs. Regular (flowchart-style)

  • Do you have minor or dependent children together? If yes → you are typically in the regular dissolution process.
  • Is the wife currently pregnant? If yes → you are typically in the regular dissolution process.
  • Do either of you want alimony decided by the court? If yes → you are typically in the regular dissolution process.
  • If the answers above are all “no,” and you both agree on everything and can appear together for a short final hearing → you may qualify for Simplified Dissolution (Form 12.901(a)).

If you don’t meet the simplified requirements, you can still have an uncontested case using the regular dissolution paperwork, as long as your agreement and required disclosures are complete and properly filed.

2. Who Qualifies for an Uncontested Divorce in Florida?

2.1 Florida residency requirements (and how it is commonly proved)

To file for divorce in Florida, at least one spouse must have lived in Florida for at least 6 months immediately before filing. This is a state-level requirement. You do not have to be separated for any particular length of time to start the case.

Important “DIY trap”: the judge usually needs proof of residency, not just a statement. In practice, proof is often shown using documentation (like a Florida driver’s license or Florida ID) or a sworn statement from someone who can confirm residency. A common court form used for this purpose is Affidavit of Corroborating Witness (Form 12.902(i)).

2.2 Grounds for divorce

Florida is a no-fault divorce state. In uncontested cases, almost everyone uses the ground that the marriage is irretrievably broken. You do not have to show adultery, cruelty, or another “fault” ground.

There is also a less common ground of mental incapacity, but it involves a separate legal process and a long timeline. For a typical Florida uncontested divorce, you will almost always be using the irretrievably broken ground.

2.3 When your case is a good fit for uncontested or simple divorce

Your case is a good candidate for a Florida simple divorce or uncontested divorce if:

  • You and your spouse are both ready to end the marriage.
  • You can communicate calmly enough to work out practical arrangements.
  • You agree on parenting and time-sharing (if you have children).
  • You agree on child support and can document how it was calculated.
  • You agree on whether there will be alimony, and if so, the amount and duration.
  • You have a plan for dividing property, vehicles, accounts, retirement plans, and debts.
  • Neither of you plans to surprise the other by turning it into a fight in court.

For a Simplified Dissolution of Marriage (Form 12.901(a)), you also must not have minor or dependent children, the wife cannot be pregnant, and both of you must be willing to sign and appear together for the final hearing.

2.4 When uncontested may not work

Uncontested or DIY divorce may not be the right path if:

  • There is violence, threats, stalking, or serious emotional abuse.
  • One spouse controls all of the money or information.
  • You have complicated property (businesses, multiple homes, large retirement accounts).
  • There are major immigration, tax, or benefit issues tied to how the divorce is handled.
  • You cannot reach agreement on children, support, or property.

In these situations, it may be important to speak with a Florida family law attorney or legal aid clinic. This article cannot tell you what is fair or what you should agree to. It can only explain the general process.

3. Step-by-Step Overview of the Uncontested Divorce Process

Step 1 – Make sure you actually qualify

Before you spend time filling out forms, check the basics:

  • Has at least one of you lived in Florida for the last 6 months?
  • Do you both agree that the marriage is irretrievably broken?
  • Can you resolve all issues (children, support, property, and debts) without asking the judge to decide?
  • Do you meet the special requirements for Simplified Dissolution (Form 12.901(a)) (no minor children, no pregnancy, both can appear together, etc.)?

If you qualify for the simplified route, your paperwork may be shorter. If you don’t, you can still pursue an uncontested regular dissolution using the regular petition route (often starting with Form 12.901(b)), as long as your agreement and disclosures are complete.

Step 2 – Sort out children, support, and property (in writing if possible)

Florida courts expect you to have a clear plan for:

  • Where the children will live and how time-sharing will work (a parenting plan).
  • How decisions about school, health care, and activities will be made.
  • Child support, consistent with Florida’s guidelines.
  • Whether any spousal support (alimony) will be paid, and if so, the amount and duration.
  • Who will keep the home, cars, accounts, furniture, and other property.
  • Who will be responsible for credit cards, loans, and other debts.

Many couples put these terms into a written Marital Settlement Agreement (Form 12.902(f)), plus a written parenting plan and child support paperwork (if children are involved). In an uncontested case, these documents help the judge see what you’ve agreed to and whether it appears complete.

Step 3 – Prepare the divorce forms (Florida’s 12.900 series)

Next, you prepare the core Florida divorce forms. The exact set depends on whether your case is simplified, whether you have children, and your finances. In many uncontested cases, filers commonly see forms like these (examples, not a complete list):

  • Simplified route: Petition for Simplified Dissolution of Marriage (Form 12.901(a))
  • Regular route: Petition for Dissolution of Marriage (Form 12.901) (often Form 12.901(b) for many regular cases)
  • Privacy/required identifier form: Notice of Social Security Number (Form 12.902(j)) (Florida court records are generally public, so this form is used to handle SSN information properly)
  • Residency proof option: Affidavit of Corroborating Witness (Form 12.902(i)) (commonly used when you need a witness affidavit to prove the 6-month residency requirement)
  • Financial disclosure: Family Law Financial Affidavit, either Short Form (12.902(b)) or Long Form (12.902(c)), depending on your situation
  • Your agreement: Marital Settlement Agreement (Form 12.902(f)) (when you’ve settled property/debts and support terms in writing)
  • Case cover page: Civil Cover Sheet (Form 12.928)
  • Mandatory disclosure tracking (common delay point): Certificate of Compliance with Mandatory Disclosure (Form 12.932) (when disclosure rules apply to your case)
  • Cooperative response option: Answer, Waiver, and Request for Copy of Final Judgment (Form 12.903(a)) (often used in friendly cases to reduce formal service steps)

If you have children, your packet will typically include additional required parenting plan and child support guideline documents (county practices vary). Always follow the instructions from your local clerk and the Florida Courts self-help resources for the most current form set.

Step 4 – File your papers with the Clerk of Court

Once your forms are completed and signed (and notarized where required), you file them with the Clerk of the Circuit Court in the county where you or your spouse lives. Some counties allow e-filing; others allow in-person or mail filing depending on local practice.

Step 5 – Serve your spouse (or use the waiver form in friendly cases)

Whether you have to formally “serve” papers depends on the type of case:

  • Simplified Dissolution (12.901(a)): both spouses file together and sign, so formal service is usually not required.
  • Regular dissolution (uncontested): the spouse who files normally has the petition served on the other spouse. In cooperative cases, the responding spouse often signs an Answer, Waiver, and Request for Copy of Final Judgment (Form 12.903(a)), which can reduce or avoid process-server steps.

Service rules are technical and county practices vary. If there is any doubt, especially if your spouse is not fully cooperative, verify current requirements with your clerk or get legal advice.

Step 6 – Disclosures, scheduling, and Florida’s 20-day rule

Even in an uncontested case, Florida has a timing rule: generally, a final judgment cannot be entered until at least 20 days after the petition is filed (a judge may shorten that in limited situations).

Florida also has mandatory disclosure rules in many dissolution cases. A common paperwork checkpoint is the Certificate of Compliance with Mandatory Disclosure (Form 12.932) when disclosure rules apply. Uncontested cases often get delayed because a disclosure step or filing is missed.

During this stage, people often:

  • Exchange or finalize required financial documents and affidavits (12.902(b) or 12.902(c) as applicable).
  • File Form 12.932 when required in the case.
  • Complete the parenting course (if minor children are involved).
  • Schedule the final hearing based on local procedures.

Step 7 – Final hearing, residency proof, and the final judgment

At the final hearing, the judge typically confirms basic facts, including that the marriage is irretrievably broken, that your agreement is voluntary, and that the court has jurisdiction. A common last-minute problem in DIY cases is residency proof. If your file does not already contain acceptable proof, the judge may require additional evidence, which is why people often prepare an Affidavit of Corroborating Witness (Form 12.902(i)) or other proof accepted by the court.

If everything is in order, the judge signs a Final Judgment of Dissolution of Marriage.

Vital records reporting (DH 513): Florida divorces are also reported to the state using a health department form commonly called DH 513 (Report of Dissolution of Marriage). Many clerks require it as part of the finalization paperwork so the divorce can be registered with the state.

4. Special Issues When You Have Children

Having children does not stop you from having an uncontested divorce in Florida, but it does add extra steps. The court’s primary focus is the best interests of the child.

Parenting plans and time-sharing

You will usually need a written parenting plan that explains, in practical detail:

  • How major decisions are made (shared or specific responsibilities).
  • Where the children will live most of the time.
  • How holidays, school breaks, and vacations will be handled.
  • How the parents will communicate about the children.

Even in a fully uncontested Florida divorce with children, the judge has the final say on whether your parenting plan is acceptable.

Child support and financial disclosure (don’t skip financial affidavits and disclosure steps)

Florida uses a detailed set of child support guidelines. In most cases, you will need to complete Family Law Financial Affidavits, either 12.902(b) or 12.902(c), and provide enough supporting documentation for the court to understand the calculation.

Just as important, many cases require you to document mandatory disclosure compliance. Missing disclosure paperwork is one of the most common reasons uncontested cases stall.

Mandatory parenting course

In many Florida divorce cases involving minor children, both parents must complete an approved Parent Education and Family Stabilization Course. You normally need to file your certificate of completion before the judge will finalize your case. The local clerk or your judge’s page usually lists approved providers.

5. How Long Does an Uncontested Divorce Take in Florida?

There is no single guaranteed timeline, but a typical uncontested divorce in Florida often follows this pattern:

  • Time to negotiate and sign your agreement: varies by couple.
  • Preparing forms (including 12.901(a) or 12.901(b), and required supporting forms like 12.902(j)): a few days to a few weeks.
  • Filing and the 20-day statutory delay before a final judgment can be entered: at least 20 days from filing in most cases.
  • Scheduling and holding the final hearing: can be quick in some counties, or longer in busy counties.

In practice, a smooth uncontested or simplified divorce might be finished within about one to three months after filing, but delays are common if forms are incomplete, if disclosure steps are missing, if residency proof is not ready at the final hearing, or if there are scheduling backlogs.

Always remember: this is a general estimate only. Every county and every case is different.

6. What Does an Uncontested Divorce Cost?

The main mandatory cost is your court filing fee. In Florida, the filing fee for a dissolution of marriage is generally $408.00, with possible additional local charges depending on what your case needs (for example, summons issuance, service costs, copies, and certifications).

On top of the filing fee, you may have:

  • Service costs if your spouse does not sign a cooperative waiver/answer form.
  • Parenting course fees if you have minor children (cost varies by provider).
  • Notary fees for sworn signatures on affidavits and forms.
  • Copy and certification fees if you need certified copies of the final judgment.

All numbers here are general and can change. Always check your local clerk’s current fee schedule before filing.

7. When a DIY Divorce Might Not Be Right for You

A do-it-yourself Florida divorce without a lawyer can save money, but it is not always safe or wise. Consider speaking to a lawyer or legal aid clinic if:

  • There is any domestic violence, stalking, or serious harassment.
  • You are afraid your spouse may hide assets or income.
  • You own a business or significant investments together.
  • You suspect your spouse has run up debts you don’t know about.
  • One of you has immigration concerns tied to marriage-based status.
  • You feel pressured to sign something you do not fully understand.
  • You are unsure whether your proposed settlement is reasonable or workable.

PlainDivorce can help you understand the general process and stay organized, but it cannot tell you what you should accept or whether your agreement is in your best interests. When in doubt, even a short consultation with a Florida family law attorney can help you understand risks.

8. Where a Self-Help Divorce Kit Fits Into the Process

Many people can handle a Florida DIY divorce if they have clear instructions and stay organized. The challenge is usually not the idea of “uncontested.” It’s the paperwork details: choosing the correct track (simplified vs regular), using required supporting forms like 12.902(j), and avoiding small mistakes that cause delays (including missing residency proof at the final hearing).

A Florida self-help kit can help you:

  • Understand the overall process from start to finish.
  • Stay organized with checklists for each stage.
  • Keep track of what has to be signed, notarized, filed, served, or delivered.
  • Avoid common mistakes that lead to rejected or delayed filings.
  • Prepare for the final hearing so you are not surprised by basic questions (like residency proof).

PlainDivorce.com sells downloadable self-help kits designed for uncontested, agreement-based divorces. They are built for people who want to keep costs down and are willing to follow instructions carefully.

PlainDivorce is not a law firm and does not represent you in court, but a kit can work alongside information from your local clerk’s office or court self-help resources to make the paperwork more manageable.

Download Our Florida Uncontested Divorce Self-Help Kit

9. FAQ (Fast answers to common Florida questions)

What is an uncontested or simple divorce in Florida?

It generally means both spouses agree the marriage is irretrievably broken and there are no disputes for the judge to decide about property, support, or children. The court still reviews your paperwork and enters a final judgment if everything is complete.

Do we both have to go to court?

In many simplified cases, both spouses typically appear together for a short final hearing. In many regular uncontested cases, local procedures vary, but a final hearing is common. Your clerk or judge’s instructions usually explain how uncontested final hearings are scheduled in your county.

What is the 20-day waiting period in Florida?

Florida has a rule that generally prevents the court from entering a final judgment until at least 20 days after the petition is filed, although a judge can shorten that in limited situations.

Is Form 12.902(j) really required?

In Florida, the Notice of Social Security Number (Form 12.902(j)) is required in dissolution cases, and it helps the court handle SSN information properly in a system where many case records are public.

How do people prove the 6-month Florida residency requirement?

Courts typically need proof of residency, which may be shown through documentation or witness proof accepted by the judge. One commonly used supporting form is the Affidavit of Corroborating Witness (Form 12.902(i)).

10. Final Thoughts and Next Steps

Facing a divorce, even an uncontested one, can feel overwhelming. The forms are unfamiliar, the rules can be confusing, and it is normal to be unsure where to start.

If you think a Florida uncontested divorce might work for you, a practical next step is to:

  • Confirm that you meet the 6-month residency requirement and have a plan for residency proof (commonly including Form 12.902(i) if needed).
  • Decide whether you qualify for Simplified Dissolution (12.901(a)) or need the regular route (often starting with 12.901(b)).
  • Talk with your spouse about whether you can truly agree on children, support, and property.
  • Review the Florida Courts family law forms (the 12.900 series), including required supporting forms like 12.902(j).
  • Confirm your local clerk’s procedures, required disclosures, and current fees before you file.

Whatever you choose, remember that this guide is legal information only. It does not replace advice from a Florida attorney who can review your specific facts. Court rules, forms, and fees change regularly, so always double-check against current official sources before filing.

With good information, a clear agreement, and careful attention to Florida’s 12.900 series paperwork, many people complete a simple, affordable, DIY divorce in Florida with fewer delays.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.