Uncontested Divorce in Miami: The Complete 2026 Guide

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated May 28, 2026 · ← Home

An uncontested Florida divorce is the fastest, cheapest way out of a marriage — when both spouses agree on every issue and meet specific statutory criteria. This page explains exactly what qualifies, what does not, and the realistic process and cost in Miami-Dade.

Quick Answer

An uncontested Miami divorce typically costs $1,500–$3,500 total when both spouses agree on every issue, and concludes in 60–90 days. Florida's simplified dissolution under Fla. Stat. § 61.052(1)(b) can be even faster (30–45 days) but eligibility is strict: no minor children, no alimony claim, no real-property dispute, full agreement on all assets and debts.

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Who Qualifies for an Uncontested Florida Divorce?

An uncontested divorce in Florida requires that both spouses agree on every substantive issue:

Division of every marital asset and debt — bank and brokerage accounts, retirement plans, real estate, vehicles, business interests, credit cards and loans.
Alimony — waiver by both spouses or agreed amount and duration under Fla. Stat. § 61.08.
Parenting plan and time-sharing if there are minor children.
Child support calculated under Fla. Stat. § 61.30 using both incomes and the overnight schedule.
Health insurance for spouses and children post-divorce.
Signed marital settlement agreement (MSA) from both parties.

If even one of these is disputed, the case is no longer uncontested. Disputes about asset valuation, parenting schedules, or alimony are the most common reasons what starts uncontested becomes contested mid-process.

The Simplified Dissolution Track — § 61.052(1)(b)

Florida offers an even faster path called simplified dissolution of marriage under Fla. Stat. § 61.052(1)(b). Eligibility is narrow. ALL must be true:

No minor or dependent children of the marriage
The wife is not pregnant
Both parties have agreed on division of all property and debts
Neither party seeks alimony
Both parties are willing to appear together at the final hearing
Both parties have lived in Florida for at least 6 months (Fla. Stat. § 61.021)

If your situation fits, simplified dissolution typically concludes in 30–45 days and runs cheaper than an uncontested divorce because Rule 12.285 mandatory disclosure, the parenting course, and the child support worksheet do not apply.

Worked Process: Uncontested Miami Divorce, Day-by-Day

Realistic Miami-Dade timeline when both parties are cooperative and have documents ready:

Day 1: Initial consultation. Attorney prepares Petition and MSA drafts based on the parties' agreement.
Day 3–7: Both spouses review, revise, and sign MSA before a notary.
Day 7–10: Petition filed at the 11th Judicial Circuit, Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami. Filing fee ~$409.
Day 10–15: Respondent files Waiver of Service.
Day 15–30: Rule 12.285 mandatory disclosure completed. If minor children: both parents complete the Parent Education and Family Stabilization Course (~4 hrs, $20–$50 each).
Day 30–60: Final hearing scheduled. The 20-day waiting period under Fla. Stat. § 61.19 already elapsed.
Day 60–90: Brief final hearing. Judge enters Final Judgment of Dissolution of Marriage.

Total: roughly 60–90 days for an uncontested Miami-Dade divorce. Simplified dissolution: 30–45 days.

Cost Breakdown

Realistic 2026 numbers:

Court filing fee: ~$409
Service or waiver: $0–$75
Parenting course (if minor children): $20–$50 per parent
Notary fees: $10–$50
Attorney flat fee (typical for uncontested): $1,000–$2,500
Total typical cost: $1,500–$3,500 per couple

Some attorneys offer flat-fee uncontested divorce packages. Cost depends on (a) complexity of asset division, (b) whether children are involved, (c) one attorney or two. For full cost breakdown including contested comparison, see our How Much Does a Divorce Cost in Florida.

Documents to Pre-Assemble

Driver's licenses for both spouses
Marriage certificate
3 years of federal and Florida tax returns
3 months of pay stubs; most recent W-2s and 1099s
12 months of bank, brokerage, and retirement account statements
Real estate deeds and recent appraisals
Vehicle titles and loan balances
Loan and credit card statements (12 months)
Business operating or partnership agreements if applicable
Health insurance policy details
Children's birth certificates (if applicable)

When Uncontested Becomes Contested

Hidden or forgotten assets surface during disclosure.
Disagreement on parenting schedule once specifics are drafted.
Alimony math reveals one spouse has changed their mind.
Asset valuation disputes on the marital home, business, or collections.
One spouse refuses to sign the final MSA.

A practitioner addresses these risks at the initial consultation rather than after a draft MSA is signed.

Frequently Asked Questions

Who qualifies for an uncontested divorce in Florida?

Both spouses must agree on every substantive issue: division of all marital assets and debts, alimony (or waiver) under Fla. Stat. § 61.08, parenting plan and time-sharing if minor children, child support under § 61.30, and health insurance. If even one is disputed, the case is no longer uncontested.

What is the difference between uncontested divorce and simplified dissolution?

Uncontested divorce means the parties agree on everything; it still requires the full procedural steps including mandatory disclosure and parenting course if minor children. Simplified dissolution under Fla. Stat. § 61.052(1)(b) is narrower — no minor children, no pregnancy, no alimony, full property agreement — and faster (30–45 days).

How long does an uncontested divorce take in Miami-Dade?

Typically 60–90 days from filing to final judgment in the 11th Judicial Circuit. Simplified dissolution can be 30–45 days when eligible. Florida's 20-day minimum waiting period under Fla. Stat. § 61.19 applies in either case.

How much does an uncontested Miami divorce actually cost?

Typical total: $1,500–$3,500 per couple — ~$409 filing fee, service or waiver, parenting course if applicable, notary fees, and attorney flat fee.

Can I get an uncontested divorce if we have minor children?

Yes, if both parents agree on the complete parenting plan (time-sharing, decision-making, holiday rotation) and child support under § 61.30. Both must complete a court-approved Parent Education and Family Stabilization Course before final judgment.

Do both spouses need attorneys for an uncontested divorce?

Not legally required. Many uncontested cases use a single attorney who drafts the MSA and represents the petitioner, with the respondent reviewing before signing. For couples with significant assets or children, independent review by each spouse's counsel is recommended.

What if my spouse changes their mind after we agree?

Until both spouses sign the MSA and the court enters Final Judgment, either party can withdraw consent and convert to contested. Once Final Judgment enters, the MSA becomes a binding court order.

Speak with a Miami Family Law Attorney

Pazos Law Group offers confidential consultations for Miami-Dade clients in divorce, custody, and complex family law matters.

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The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.