What Is Uncontested Divorce, and Is It Right for You?
When people hear the word divorce, they often imagine dramatic court hearings, endless paperwork, and high legal fees. But not every marriage ends in a fight. In fact, most uncontested divorces in Florida are settled quickly, respectfully, and without needing a judge to make all the decisions.
Couples who choose an uncontested divorce can get divorced more amicably and with fewer complications.
If you and your spouse are on the same page and want to keep the process civil, you might be the perfect candidates for an uncontested divorce. But what does that really mean?
What Is Uncontested Divorce?
An uncontested divorce means that both spouses agree on all the major issues in the divorce process — including marital property division, spousal support, child custody, and child support, if minor children are involved.
There’s no need to fight in court when you’ve already reached a complete agreement. This type of divorce involves fewer proceedings, lower court fees, and often faster outcomes.
In contrast, a contested divorce happens when spouses disagree on significant issues, like parenting time, property division, or a parenting plan. The contested divorce process involves several steps, including negotiations, mediation, and potentially prolonged litigation if disagreements persist. These types of divorces usually involve longer timelines and higher attorney fees and legal fees.
If spouses cannot reach an agreement in a contested divorce, a judge decides the unresolved issues, which can further prolong the divorce process and increase costs.
Eligibility for Uncontested DivorceIn Florida, you can get an uncontested divorce if you and your spouse agree on all the big stuff—like who gets what, child custody, and whether spousal support is needed.
This type of divorce is ideal for couples who can communicate effectively and come to a mutual understanding. In an uncontested divorce, both parties must sign a marital settlement agreement that outlines the terms of the divorce. The court will then review the agreement to ensure it is fair and reasonable. If one spouse is unsure about the terms of the agreement, it is recommended that they consult with a divorce attorney to ensure their rights are protected. Uncontested divorces are generally less expensive and less time-consuming than contested divorces, making them a popular choice for many couples.
Is It Right for You?
You may be a good fit for an uncontested divorce if:
- Both spouses agree the marriage is irretrievably broken
- There are no minor children, or there is an agreed-upon parenting plan
- You’ve already talked through financial information, equitable distribution, and marital property
- You want to avoid a court battle and reach a fair settlement agreement
- At least one spouse has lived in Florida for the required waiting period
- Other factors such as assets, children, and emotional dynamics are considered and agreed upon
This is especially ideal for couples who’ve been separated for a while or are experiencing a gray divorce.
The Uncontested Divorce Process in Florida
Here’s what the uncontested divorce process generally looks like in Florida:
- Joint Petition or Divorce Petition is filed with your local court
- You and your spouse sign a marital settlement agreement that includes all divorce-related issues
- You submit divorce forms, including financial information and a parenting plan if needed. Additional filings related to child custody may be required if children are involved.
- A court hearing may be scheduled, but in most cases, it’s minimal or even waived. The courts play a role in approving agreements such as spousal support and parenting plans.
- Once reviewed, a final judgment is entered
An uncontested divorce may proceed more quickly than a contested one due to the absence of trials or disputes.
You will still need to pay the court’s filing fees and possibly a filing fee for document handling. If you cannot afford the fees, you may request a waiver or a payment plan. But because you’ve avoided multiple hearings and mediation, the overall uncontested divorce cost is far less than a contested case.
Child Custody and Parenting Time
In an uncontested divorce, child custody and parenting time are typically determined by a mutual agreement between the parents. This agreement should be in the best interests of the child and take into account the child’s physical, emotional, and psychological well-being. The parents may choose to have shared parental responsibility, where both parents share decision-making responsibilities, or sole parental responsibility, where one parent has primary responsibility for the child. Parenting time, also known as timesharing, should be scheduled in a way that allows both parents to maintain a relationship with the child. In some cases, a parenting plan may be required, which outlines the specifics of parenting time and decision-making responsibilities. A divorce lawyer can help parents navigate the process of creating a parenting plan and ensure that the child’s best interests are protected.
Financial Aspects of Divorce
The financial aspects of divorce can be complex and may involve the division of marital property, spousal support, and child support. In an uncontested divorce, the spouses must agree on how to divide their assets and debts. This may include the family home, retirement accounts, and other investments. Spousal support, also known as alimony, may be awarded to one spouse if they are unable to support themselves after the divorce. Child support is typically calculated based on the income of both parents and the needs of the child. A divorce attorney can help couples navigate the financial aspects of divorce and ensure that they are making informed decisions about their financial future. It is also important to consider the tax implications of divorce and how they may affect your financial situation.
Child Custody and Parenting Time
In an uncontested divorce, child custody and parenting time are typically determined by a mutual agreement between the parents. This agreement should be in the best interests of the child and take into account the child’s physical, emotional, and psychological well-being. The parents may choose to have joint custody, where both parents share decision-making responsibilities, or sole decision making where one parent has primary responsibility for the child. Parenting time, also known astimesharing, should be scheduled in a way that allows both parents to maintain a relationship with the child. In some cases, a parenting plan may be required, which outlines the specifics of parenting time and decision-making responsibilities. A divorce lawyer can help parents navigate the process of creating a parenting plan and ensure that the child’s best interests are protected.
Do You Need a Divorce Lawyer for an uncontested Divorce?
Even when spouses agree, it’s still smart to hire a lawyer to review everything, especially the divorce agreements. A lawyer helps ensure you don’t miss anything in your settlement agreement, particularly regarding marital property, legal services, and other legal services like name changes or modifications down the road.
Each party must take specific actions to facilitate the divorce, such as filing acknowledgments and agreements.
A good family law firm can also make sure documents are served properly — whether by process server or certified mail — and that the divorce summons and divorce papers are filed without issue. The other spouse plays a crucial role during legal processes, including the filing of divorce petitions and attendance at court hearings.
Benefits of Uncontested Divorce
There are several benefits to an uncontested divorce, including reduced legal fees, less stress, and a faster divorce process. Uncontested divorces typically cost less than contested divorces, as there is no need for lengthy court battles or expensive litigation. This can be especially beneficial for couples who have limited financial resources. Additionally, uncontested divorces can be less stressful than contested divorces, as the spouses are able to work together to come to a mutual agreement. This can be especially beneficial for couples with children, as it allows them to maintain a positive relationship and co-parent effectively. Overall, an uncontested divorce can be a cost-effective and efficient way to end a marriage, allowing both parties to move forward with their lives. If you are considering an uncontested divorce, it is recommended that you consult with a divorce lawyer to ensure that your rights are protected and that you are making informed decisions about your financial future.
What About Domestic Violence?
If your case involves domestic violence, even if both parties want to split, it may no longer qualify as uncontested. Safety and protection take priority, and the legal process becomes more complex.
Final Thoughts
At KWG Family Legal and Mediation, we believe divorce doesn’t have to be emotionally draining. We help clients get an uncontested divorce that respects their time, finances, and emotional well-being. The state’s laws influence the duration and process of obtaining an uncontested divorce, so understanding these laws is crucial for a smooth experience.
Whether you’re filing as one party or using a joint petition, we’ll help simplify the court procedures, reduce stress, and guide you through every step. When both parties agree on critical issues such as asset division, child custody, and support arrangements, the process becomes much smoother. Most divorces are granted based on reasons such as irreconcilable differences or incompatibility. A no-fault divorce allows couples to end their marriage without assigning blame, offering simplicity and efficiency. In a contested divorce, a judge determines the equitable division of property and debts. When both parties collaborate to reach an agreement, the divorce can proceed more efficiently.
📍 Based in Fort Lauderdale, we serve Broward County and surrounding communities.
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