Contested vs. Uncontested Divorce in Florida: Which Path Is Yours?
Choosing between a contested and an uncontested divorce is the first big decision in any Florida dissolution — and it drives your cost, timeline, and stress. This guide explains how the two paths differ under Florida law and helps you self-identify which one fits your situation.
Quick Answer
In Florida, an uncontested divorce means both spouses agree on every issue — property, debts, time-sharing, and support — so the case moves quickly and affordably. A contested divorce means at least one issue is disputed and must be resolved through negotiation, mediation, or a judge. Which path fits depends on how much you and your spouse already agree.
The Two Paths to Divorce in Florida
Florida is a no-fault state. Under Fla. Stat. § 61.052, you do not prove adultery, cruelty, or any other wrongdoing to end a marriage; you simply state that the marriage is irretrievably broken. Before you can file, at least one spouse must have lived in Florida for six months, as required by § 61.021. What separates a smooth divorce from a drawn-out one is not fault — it is whether you and your spouse agree on how to unwind the marriage.
An uncontested divorce is one in which both spouses agree on every issue and put that agreement in writing in a signed marital settlement agreement. A contested divorce is any case in which at least one issue remains in dispute — even if you agree on everything else.
Simplified vs. Regular Dissolution
Florida offers two procedural tracks to end a marriage. Knowing which one you are eligible for helps set your expectations.
Simplified dissolution of marriage under § 61.052(2) is the fastest route, but it is available only if all of the following are true:
- Both spouses agree the marriage is irretrievably broken.
- You have no minor or dependent children together, and the wife is not pregnant.
- Neither spouse is seeking alimony.
- You have agreed in writing on how to divide all property and debts.
- Both spouses give up the right to a trial and to an appeal.
- At least one spouse has met the six-month residency requirement under § 61.021.
Regular dissolution is used for every other case — including any divorce involving minor children, a request for alimony, or a disputed asset. Importantly, a regular dissolution can still be uncontested: if the spouses reach a full written settlement, the case simply follows the standard court process instead of the streamlined simplified track.
What Makes a Case Uncontested — or Contested
A Florida divorce is uncontested only when the spouses agree on all of the issues below. A genuine disagreement on even one of them makes the case contested:
- Division of property and debts. Florida follows equitable distribution under § 61.075, which divides marital assets and liabilities fairly — not automatically 50/50. Disputes over a home, business, retirement account, or what even counts as marital property are a common trigger for a contested case.
- Time-sharing and parental responsibility. A parenting plan and time-sharing schedule must serve the child’s best interests under § 61.13. Disagreement over the schedule or major decision-making almost always makes a divorce contested.
- Child support. Support is set by Florida’s statutory guidelines, but disputes over each parent’s income, daycare, or health-insurance costs can keep it unresolved.
- Alimony. Whether spousal support is owed, how much, and for how long is frequently contested, especially after a longer marriage.
If you and your spouse are aligned on each of these, an uncontested divorce is realistic. If not, some level of negotiation, mediation, or litigation lies ahead.
Contested vs. Uncontested: Side-by-Side
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement on issues | Full agreement on property, children, and support | One or more issues remain disputed |
| Typical timeline | Typically a few weeks to a few months after filing | Typically several months to more than a year |
| Court involvement | Minimal — often a brief final hearing, or none for simplified dissolution | Hearings, mandatory mediation, and possibly a trial |
| Typical cost drivers | Document preparation and filing; commonly handled on a flat fee | Attorney time for discovery, mediation, expert valuations, and trial |
| Best suited for | Amicable couples aligned on property, children, and support | Disputes over assets, time-sharing, or support — or where trust has broken down |
Timelines and costs above are general observations of how these cases typically proceed, not guarantees. Your actual timeline and cost depend on your county, the court’s schedule, and the complexity of your facts.
Which Path Is Yours?
You may be a candidate for an uncontested divorce if…
- You and your spouse both agree the marriage is over and want a similar outcome.
- You have already discussed how to divide property and debts.
- You either have no minor children or agree on a parenting plan and support.
- Communication is civil, and there is no history of hidden assets or coercion.
You likely need full representation if…
- You disagree on any major issue — assets, time-sharing, or support.
- There is a business, significant retirement, or high net worth to value and divide.
- You suspect undisclosed income or assets.
- There is a history of domestic violence, coercion, or a serious power imbalance.
Many cases fall in between — mostly agreed but stuck on one or two points. Those often settle through mediation, which Florida courts commonly require before a contested case can go to trial.
Frequently Asked Questions
What is the difference between a contested and uncontested divorce in Florida?
In an uncontested divorce, both spouses agree on every issue — division of property and debts under Fla. Stat. § 61.075, time-sharing and parental responsibility, child support, and alimony — and sign a written marital settlement agreement. In a contested divorce, at least one of those issues is disputed and must be resolved through negotiation, mediation, or a judge’s ruling.
Is Florida a no-fault divorce state?
Yes. Florida is a no-fault state. Under Fla. Stat. § 61.052 you do not have to prove wrongdoing; you only need to state that the marriage is irretrievably broken. At least one spouse must have resided in Florida for six months before filing under § 61.021.
Do I qualify for a simplified dissolution of marriage in Florida?
Simplified dissolution under § 61.052 is available only if both spouses agree the marriage is irretrievably broken, have no minor or dependent children together, neither spouse is pregnant, neither seeks alimony, you agree on dividing all property and debts, and both give up the right to a trial and appeal. Any other case uses a regular dissolution.
How long does an uncontested divorce take in Florida?
It varies by county and court schedule, but an uncontested divorce is typically finalized in a matter of weeks to a few months once the paperwork and marital settlement agreement are complete. A contested divorce usually takes several months to more than a year.
Can a contested divorce become uncontested?
Yes. Many cases begin contested and settle before trial. As spouses exchange financial information and negotiate — often through mediation, which Florida courts commonly require — disputed issues are resolved and the case can be finalized as an uncontested or settled divorce.
Ready to move forward? If you and your spouse agree on the essentials, start with our uncontested divorce and flat-fee divorce pages. Not sure how to begin? See how to file for divorce in Florida, or learn about our full-service divorce representation.
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The information on this page is for general informational purposes only and does not constitute legal advice. Timelines and costs described here are general observations of how Florida divorce cases typically proceed and are not a prediction or guarantee for any specific case. Outcomes depend on the specific facts and circumstances of each matter, and no particular result is guaranteed. Using this website does not create an attorney-client relationship with Pazos Law Group. Please consult a licensed Florida attorney about your specific situation.