Uncontested Simple Divorce in Florida by Mutual Agreement

If you and your spouse agree to the divorce and your case qualifies, you can complete the process without either spouse attending a court hearing. Divorce in Florida Online prepares the required documents, coordinates signing and notarization, files the case and submits the final paperwork for the judge’s review.

This service is commonly described as an uncontested simple divorce. We call it a divorce by mutual agreement because both spouses voluntarily participate and sign the required documents.

Who Qualifies for an Uncontested Simple Divorce by Mutual Agreement?

This service is designed for married couples with a basic case who are ready to cooperate throughout the process.

You may qualify when:

• Both spouses agree that the marriage should end
• Both spouses are willing to review and sign the documents
• There are no minor children together
• There is no current pregnancy involving the marriage
• Neither spouse is requesting alimony
• There is no property, debt, retirement account or other financial issue that must be divided through this service
• At least one spouse has resided in Florida for the six months immediately before filing

Your spouse does not have to live in Florida. When one spouse satisfies Florida’s residency requirement and both spouses cooperate, an out-of-state spouse may participate in the process and sign remotely if eligible.

When This Basic Simple-Divorce Service Is Not the Right Fit

A different document-preparation service may be required if:

• You and your spouse have minor children together
• Either spouse is requesting alimony
• You need to divide real estate, vehicles, debts, retirement accounts or other assets
• Your spouse refuses to sign or participate
• You cannot locate your spouse
• The spouses disagree about any issue that must be resolved before the divorce can be completed

If you agree but have property or debts to address, review our Florida divorce by mutual agreement with property.

If you agree and have minor children, review our Florida mutual-agreement divorce with children.

What Is Included in Our Mutual-Agreement Divorce Service?

Divorce in Florida Online provides document preparation and procedural support from intake through finalization. For an eligible basic mutual-agreement case, the service includes:

• Preparation of the required Florida divorce documents using the information you provide
• Documents emailed to both spouses for review
• Instructions for signing and notarization
• Optional remote online notarization
• Separate signing sessions when the spouses prefer not to attend together
• Review of the signed documents before filing
• Electronic filing of the eligible case
• Submission of the proposed final judgment for the judge’s review
• Monitoring of the court docket
• Procedural updates while the case is pending
• Email delivery of the final judgment when it becomes available

We do not represent either spouse or give legal advice. Both spouses are responsible for reviewing the documents and confirming that the information and requested relief are accurate.

How the No-Court-Hearing Process Works

Step 1: Complete the Intake Form

Tell us about your marriage, residency and current circumstances. We will contact you to obtain any additional information and confirm whether the case falls within this service.

Step 2: We Prepare the Documents

We prepare the required divorce documents using the information supplied by both spouses. The documents are then provided for review before signing.

Step 3: Both Spouses Sign and Notarize

Each spouse signs the required documents. You may use an eligible notary of your choice or schedule remote notarization through our service.

The spouses do not have to be in the same location or attend the same remote-notary session. Separate appointments are available.

Step 4: We Review and File the Case

After receiving the properly completed documents, we review them for document-preparation and filing purposes and electronically file the eligible case.

Step 5: The Final Documents Are Submitted for Review

The final paperwork is submitted for the judge’s review through our established no-hearing process. If the documents and case satisfy the court’s requirements, the judge may sign the final judgment without either spouse attending a hearing.

Step 6: We Monitor the Case

We monitor the court docket and provide procedural updates. When the signed final judgment becomes available, we email a copy to both spouses.

Do We Have to Attend Court?

Eligible mutual-agreement clients ordinarily do not have to attend a court hearing. That is one of the primary benefits of this service.

Our process is different from Florida’s formal simplified dissolution of marriage. A simplified dissolution generally requires both spouses to attend the final hearing. We instead prepare and file an eligible regular mutual-agreement case and request finalization based on the submitted documents.

The judge retains authority over the case and may request additional information, corrections or a hearing when necessary. No document-preparation service can guarantee court approval.

Learn more about completing a Florida divorce without a court hearing.

How Long Does a Mutual-Agreement Divorce Take?

Eligible mutual-agreement cases are generally completed in approximately 30–45 days after filing. The actual timeline depends on court processing, judicial review and whether any correction or additional document is requested.

The estimated timeframe is not a guaranteed completion date. Prompt review, signing and return of the documents by both spouses can help prevent avoidable delays.

Review the Florida mutual-agreement divorce timeline.

Remote Online Notarization Is Available

You do not necessarily have to print the documents or visit a notary’s office. Eligible documents can be signed through a compliant remote-online-notarization platform using a live video session and identity verification.

Remote notarization may be available when a spouse is outside Florida, subject to identity, location, platform and legal requirements. Each spouse may schedule a separate session.

If you prefer, you may print the documents and use an eligible notary of your choice. We will provide instructions identifying the required signatures and notarizations.

Florida Residency Requirement

At least one spouse must have resided in Florida for the six months immediately before the divorce petition is filed. The other spouse may live in another state or, depending on the circumstances, another country.

Residency may be established through qualifying documentation or an affidavit from a corroborating witness. A Florida driver’s license, identification card or voter-registration card used for this purpose should show issuance at least six months before filing.

What About the Court Filing Fee?

A court filing fee is normally required when the divorce case is opened. Because court fees and payment-processing charges can change, confirm the current amount during the filing process.

For our current document-preparation fee, payment options, optional remote notarization and estimated total cost, review our Florida divorce prices page.

If you cannot afford the filing fee, you may apply for civil-indigent status. The clerk reviews the application and determines whether you qualify. We can prepare the application as part of an eligible service, but we cannot guarantee approval.

Learn about applying for civil-indigent status and a Florida court filing-fee waiver.

What If My Spouse Stops Cooperating?

Mutual agreement must continue until the required documents are signed and the case can be completed. If your spouse stops cooperating, the case may need to change to a different procedure.

• If you know where your spouse is, formal service by summons may be required.
• If you cannot locate your spouse after making a diligent search, publication may be considered.

Learn about Florida divorce by summons.

Learn what happens when you cannot locate your spouse.

Watch: Florida Simple Divorce by Mutual Agreement

Frequently Asked Questions

Is a mutual-agreement divorce the same as an uncontested divorce?

They generally describe the same basic situation: both spouses agree on the divorce and the issues that must be resolved. We prefer “mutual agreement” because it clearly communicates that both spouses voluntarily participate and sign the documents.

Do both spouses have to sign?

Yes. Both spouses must cooperate and sign the documents required for the mutual-agreement process. If one spouse will not sign, the case may need to proceed through formal service by summons.

Does my spouse need to be formally served?

Formal service by a sheriff or process server is generally unnecessary when both spouses voluntarily participate, sign the appropriate documents and complete the mutual-agreement process. If cooperation ends, service may become necessary.

Can my spouse and I sign separately?

Yes. You do not have to be together when signing. Each spouse may schedule a separate remote-notarization session or use another eligible notary.

Can we use this service if one spouse lives outside Florida?

Potentially. Only one spouse must satisfy Florida’s six-month residency requirement. The out-of-state spouse must still cooperate, review and sign the required documents.

Can we use this service if we own property?

This basic service is intended for cases without property or financial issues that must be divided. If you agree about property or debts, you may qualify for our separate mutual-agreement divorce-with-property service.

Can we use this service if we have minor children?

No. A divorce with minor children requires additional documents, including a Parenting Plan, child-support calculations and financial information. Couples who agree may use the separate mutual-agreement divorce-with-children service.

How long does the process take?

Eligible mutual-agreement cases are generally completed in approximately 30–45 days after filing. Court processing and judicial review control the final timeline.

Can the court filing fee be waived?

You may apply for civil-indigent status if you cannot afford the filing fee. The clerk determines eligibility. We can prepare the application but cannot guarantee that it will be approved.

Start Your Florida Mutual-Agreement Divorce

Complete the intake form to tell us about your situation. We will contact you to obtain any additional information and confirm whether your case falls within our simple-divorce document-preparation service.

Important Nonlawyer Disclaimer

Divorce in Florida Online is not a law firm and does not provide legal advice or legal representation. We provide legal document preparation and related nonlawyer services using information supplied by our customers. Nothing on this page should be considered legal advice. If you need legal advice or representation, consult a licensed Florida attorney.