An uncontested divorce in Florida is possible when both spouses agree on every issue and are willing to cooperate with the paperwork. The spouses make their own decisions about children, property, debts and support instead of asking a judge to resolve disputes.

At Divorce in Florida Online, we call this a mutual-agreement divorce. We have helped Florida couples prepare and file their divorce documents for more than 15 years, including cases involving children, property and spouses living in different locations.

The process can be completed remotely, and qualifying cases may be finalized without either spouse attending a traditional court hearing.

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What Is an Uncontested Divorce in Florida?

An uncontested divorce means the spouses have resolved every issue before the case is filed. Neither spouse is asking the judge to decide what should happen.

Depending on the couple’s circumstances, the agreement may address:

  • Division of marital property and debts
  • Responsibility for a house, vehicles or other assets
  • Alimony or the waiver of alimony
  • A parenting plan and time-sharing schedule
  • Child support and related expenses
  • Any other terms that must be included in the Final Judgment

Both spouses review and sign the required documents before filing. A judge still reviews the case and signs the Final Judgment, but the spouses generally retain control over the terms.

Uncontested Divorce and Mutual-Agreement Divorce

Although fault is not required, the spouses must still resolve all financial and child-related issues before the case can proceed as an uncontested or mutual-agreement divorce.

“Uncontested divorce” is the phrase commonly used by courts, websites and people searching online. We prefer mutual-agreement divorce because it describes the process more clearly: both spouses have reached an agreement and are participating voluntarily.

The terms generally describe the same type of cooperative case. However, an uncontested divorce is not necessarily the same as Florida’s separate Simplified Dissolution of Marriage procedure.

A simplified dissolution has narrower eligibility requirements. A regular uncontested dissolution can include children, property, debts and other agreed terms.

Is Florida a No-Fault Divorce State?

Yes. Florida is a no-fault divorce state. A spouse does not have to prove adultery, abandonment or other wrongdoing to obtain a divorce. The marriage must be described as irretrievably broken.

Who Qualifies for an Uncontested Divorce?

A Florida mutual-agreement divorce may be appropriate when:

  • At least one spouse has lived in Florida for the six months immediately before filing.
  • Both spouses want the divorce.
  • Both spouses are willing to sign the required documents.
  • The spouses agree on every issue involved in the case.
  • Neither spouse needs the judge to resolve a dispute.
  • Both spouses provide the information needed to prepare accurate documents.

The spouses do not have to live together or sign at the same time. They may live in different Florida counties, different states or separate households, provided the case meets the applicable requirements and both remain cooperative.

Types of Florida Uncontested Divorce

Simple Divorce Without Children or Property

This is generally the most straightforward mutual-agreement case. The spouses do not have minor children together and do not need the divorce documents to divide property or debts.

Learn more about our simple mutual-agreement divorce process.

Uncontested Divorce With Children

Parents can complete an uncontested divorce when they agree on all child-related issues.

For our mutual-agreement process involving children:

  • The children must currently live in Florida.
  • The parents must agree to a complete parenting plan.
  • A time-sharing schedule must be established.
  • Child support must be calculated according to the applicable Florida guidelines.
  • Both parents must complete the required four-hour parenting course.
  • Both parents must sign the required documents.

If the parents insist on a child-support amount that differs from the guideline calculation, the case may need to be filed in the local courthouse where the children live and may not qualify for our Lee County no-hearing process.

Visit our complete guide to an uncontested divorce with children in Florida.

Uncontested Divorce With Property

Owning a house, vehicles, retirement accounts, a business or other property does not prevent a divorce from being uncontested.

The spouses must agree about how the property and debts will be handled. The written agreement should address important details such as:

  • Who will keep each asset
  • Who will be responsible for each debt
  • Whether a house or other property will be sold
  • Deadlines for refinancing a mortgage or vehicle
  • Whether one spouse will transfer an interest to the other
  • How retirement accounts or financial assets will be handled

Learn more about a mutual-agreement divorce involving property.

Can an Uncontested Divorce Be Completed Online?

Yes. Our document-preparation process is handled remotely. You do not need to visit our office.

Depending on the case, the online process can include:

  • Completing the intake forms online
  • Providing documents electronically
  • Reviewing the prepared divorce paperwork remotely
  • Signing and notarizing documents online
  • Electronic filing with the Clerk of Court
  • Receiving case updates electronically
  • Receiving the signed Final Judgment by email or mail

Each spouse can complete a separate remote notarization session. The spouses do not need to be in the same location or sign together.

Can You Get an Uncontested Divorce Without Going to Court?

Many of our mutual-agreement cases can be completed without either spouse attending a traditional court hearing. Both spouses sign the required documents before filing, and the judge reviews the submitted case.

A no-court-appearance divorce is still a real court case. It is filed with a Florida Clerk of Court and becomes final when the judge signs the Final Judgment.

Because the no-hearing question has its own requirements and search intent, we explain it fully on our dedicated Florida uncontested divorce with no court appearance page.

How the Mutual-Agreement Divorce Process Works

  1. Tell us about your situation.

    You complete our online form with basic information about your marriage, spouse, children, property and agreement.

  2. We review the information.

    We determine whether the case appears to be within our scope and request any additional information or documents we need.

  3. We prepare the divorce documents.

    The forms are prepared according to the type of mutual-agreement case you have.

  4. Both spouses review and sign.

    Each spouse reviews the documents and signs the required forms. Remote online notarization is available.

  5. The case is filed.

    After the signed documents and required information are complete, the divorce case is submitted for filing.

  6. The judge reviews the case.

    If the court accepts the documents and does not request additional information, the judge can enter the Final Judgment.

  7. You receive the Final Judgment.

    The divorce is complete when the judge signs the Final Judgment.

For more detail, read our step-by-step guide to filing an uncontested divorce in Florida.

Review our current Florida divorce prices for mutual-agreement cases, including document-preparation fees, payment options, optional remote notarization, court fees and other possible costs.

How Long Does an Uncontested Divorce Take in Florida?

Our mutual-agreement cases are commonly completed in approximately 30 to 45 days after filing. The exact time depends on the court’s processing schedule, whether the paperwork is accepted and whether the judge requests additional information.

The time before filing depends on how quickly both spouses provide their information, review the documents, complete any required parenting course and sign the paperwork.

Cases requiring service, mediation or contested hearings generally take longer and are not part of the same mutual-agreement process.

See our detailed Florida uncontested divorce timeline.

How Much Does an Uncontested Divorce Cost?

The price depends on whether the mutual-agreement case involves children, property or both. Court filing fees, optional remote notarization and other outside expenses may also apply.

Our current document-preparation prices and payment arrangements are published on our Florida divorce pricing page. The page also explains Klarna availability, remote-notary fees, the court filing fee and other possible costs.

What If My Spouse Will Not Cooperate?

A mutual-agreement divorce requires both spouses to participate and sign. If your spouse refuses to cooperate, the case is not ready for the uncontested process.

If you know where your spouse lives, the divorce may need to proceed through formal service by summons.

If you genuinely cannot locate your spouse after completing the required diligent search, divorce by publication may be available.

Publication is not used merely because a spouse refuses to sign. If the spouse’s location is known, formal service is generally the appropriate path.

When a Mutual-Agreement Divorce May Not Be Appropriate

A mutual-agreement divorce depends on both spouses participating voluntarily, providing accurate information and understanding the documents they sign.

A different process or independent legal advice may be appropriate when:

  • There is domestic violence, intimidation or pressure to sign.
  • One spouse refuses to disclose financial information.
  • The spouses cannot agree about children, support, property or debts.
  • The marriage involves complex assets, businesses or retirement interests that the spouses do not fully understand.
  • One spouse believes the proposed agreement is unfair but feels pressured to accept it.
  • Either spouse needs legal advice about their individual rights or the consequences of the agreement.

Divorce in Florida Online prepares documents based on the information and agreement provided by the spouses. We do not represent either spouse or decide whether an agreement is legally advisable.

Benefits of Reaching a Mutual Agreement

  • More control: The spouses decide the terms instead of asking a judge to decide disputed issues.
  • Lower conflict: The case begins with an agreement rather than formal litigation.
  • Remote convenience: Documents and notarization can be handled without visiting an office.
  • Fewer delays: The case does not require waiting for an answer after service or scheduling mediation to resolve disagreements.
  • Greater predictability: Both spouses know the agreed terms before the case is filed.
  • Possible no-hearing completion: Qualifying cases may be finalized without a court appearance.

Read our comparison of contested and uncontested divorce in Florida.

Frequently Asked Questions

Do both spouses have to agree to the divorce?

For an uncontested or mutual-agreement divorce, both spouses must agree to participate and sign the required documents. If one spouse refuses, a different divorce procedure is necessary.

Do both spouses have to hire a lawyer?

No. Many spouses who have reached a complete agreement choose to proceed without attorneys. However, either spouse may consult an independent attorney if legal advice is needed.

Learn more about completing an uncontested divorce without an attorney in Florida.

Can we have children and still get an uncontested divorce?

Yes. The parents must agree on the parenting plan, time-sharing, guideline child support and all other child-related issues. The children must currently live in Florida for our mutual-agreement process.

Can we own property and still get an uncontested divorce?

Yes. The spouses must agree on how every relevant asset and debt will be handled and include those terms in the written agreement.

Can we live in different places?

Yes. The spouses do not have to live together, sign together or visit an office. Each spouse can review and notarize the documents separately.

Is an online uncontested divorce legally valid?

Yes. “Online” describes how information, documents, signatures and communications are handled. The case is still filed with a Florida Clerk of Court and finalized through a judge-signed Final Judgment.

What happens if we stop agreeing?

If a disagreement develops before filing, the documents may need to be revised or the case may need to proceed through another process. If a filed case becomes contested, court procedures such as formal service, mediation or hearings may be required.

Find Out Which Florida Divorce Process Fits Your Situation

If you and your spouse agree on everything and are willing to sign the required documents, tell us about your situation. We will contact you to gather more details, determine whether the matter is within our scope and request any additional information needed.

Divorce in Florida Online serves clients throughout all 67 Florida counties.

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Questions? Call 800-474-1970.

Important: Divorce in Florida Online is not a law firm and does not provide legal advice. We provide legal document preparation and related nonlawyer services. If you need legal advice, please consult a licensed attorney.