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Can I Get an Uncontested Divorce in Florida?

Yes. You can get an uncontested divorce in Florida. However, you need the cooperation of your spouse. If the two of you can amicably settle your differences, you can save the costs of litigation. If the spouse does not cooperate, then you are in the posture of a contested divorce where you attend mediation and trial.

How do you go about obtaining an uncontested divorce? It is best that you each hire an attorney to explain the law and your rights to you; and to protect you so that you get what you are entitled to under the law. One attorney cannot represent both of you. That would be a conflict of interest. That conflict of interest is one that you and your spouse cannot waive.

One of you would file for divorce. The other spouse would file an answer to the petition for dissolution of marriage. You would then provide each other with mandatory disclosure. You would both file a Certificate of Compliance with Mandatory Disclosure. Once you both have all the financial information required by law, you can make an intelligent decision in negotiating a marital settlement agreement.

One attorney would prepare the document, the martial settlement agreement based on their client’s wishes. They then would send the document send to the other attorney for review. The other attorney would negotiate their client’s wishes. The document would go back and forth between the attorneys making revisions. When you reach an agreement that you each are satisfied with then you sign it.

If there are children involved, you must negotiate a parenting plan too. You also must negotiate a child support guidelines worksheet. You each must take a parenting class, and file your certificate of completion with the court

Then the petitioner’s attorney can prepare a final judgment of dissolution of marriage. The respondent attorney must approve the final judgment. The respondent’s attorney must file a waiver. Once all the appropriate paperwork is completed, you may get your final judgment signed by the judge. In Seminole, Lake, and Volusia counties, you may email or mail the paperwork to the court. In Orange County, you must go in person to the court house to finalize the dissolution of marriage.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.