A stipulated divorce in Florida is an uncontested dissolution where both spouses agree on every issue and sign a written marital settlement agreement, allowing a judge to grant the divorce as early as 20 days after filing under Fla. Stat. § 61.19. Florida charges a filing fee of roughly $408 to $418, requires 6 months of residency, and is a no-fault state.
Florida law does not use the phrase "stipulated divorce" in its statutes; the term describes an agreed, uncontested dissolution of marriage in which the parties stipulate to all terms. Because the spouses resolve property, debt, support, and parenting themselves, a stipulated divorce Florida couples pursue is the fastest, cheapest, and least adversarial path through the court system. This guide explains exactly how it works in 2026, what it costs, and when it is the right choice.
Key Facts: Stipulated Divorce in Florida
| Fact | Detail |
|---|---|
| Filing fee | ~$408 base + $10 summons (≈$418 total). As of August 2026. Verify with your local clerk. |
| Waiting period | 20 days minimum from filing to final judgment (Fla. Stat. § 61.19) |
| Residency requirement | One spouse must reside in Florida 6 months before filing (Fla. Stat. § 61.021) |
| Grounds | No-fault: marriage "irretrievably broken" (Fla. Stat. § 61.052) |
| Property division type | Equitable distribution (Fla. Stat. § 61.075) |
| Governing chapter | Chapter 61, Florida Statutes (Dissolution of Marriage) |
What Is a Stipulated Divorce in Florida?
A stipulated divorce in Florida is an uncontested dissolution of marriage in which both spouses reach a full agreement and file a signed marital settlement agreement with the court, meaning no contested hearing or trial is needed. Florida statutes call this a dissolution under Chapter 61; "stipulated," "agreed," and "consent" divorce are practical names for the same process. Roughly 90% of all divorces nationally settle without trial.
The defining feature is total agreement. In a stipulated or settled divorce, the spouses decide four categories of issues themselves: division of assets and debts under Fla. Stat. § 61.075, alimony under Fla. Stat. § 61.08, and, when children are involved, time-sharing and a parenting plan under Fla. Stat. § 61.13, plus child support. Because nothing is left for a judge to decide, the court's role narrows to reviewing the paperwork and confirming the agreement is not unconscionable. Florida is a no-fault jurisdiction, so neither spouse must prove wrongdoing—one party simply alleges the marriage is irretrievably broken.
Stipulated vs. Contested Divorce in Florida: Cost and Timeline
A stipulated (uncontested) divorce in Florida typically finalizes in 4 to 8 weeks and costs $500 to $3,000 including the ~$408 filing fee, while a contested divorce averages 12 to 24 months and $10,000 to $30,000 or more per spouse in attorney fees. The single biggest cost driver in any Florida divorce is disagreement that forces discovery, depositions, and trial.
The numbers below show why an agreed divorce saves money and time. A stipulated case skips the litigation phases entirely, so the only mandatory delay is the 20-day statutory waiting period under Fla. Stat. § 61.19. Contested cases, by contrast, move through mediation, financial discovery, temporary-relief hearings, and often a multi-day trial.
| Factor | Stipulated / Uncontested | Contested |
|---|---|---|
| Typical timeline | 4–8 weeks | 12–24 months |
| Estimated total cost | $500–$3,000 | $10,000–$30,000+ |
| Court appearances | 0–1 (often none) | Multiple |
| Discovery/depositions | None | Extensive |
| Who decides the terms | The spouses | The judge |
| Emotional toll | Lower | Higher |
If you are weighing which path fits your situation, a personalized divorce roadmap can help you map next steps based on whether you and your spouse already agree.
Residency and Grounds: Do You Qualify to File in Florida?
To file any divorce in Florida, at least one spouse must have resided in the state for 6 months immediately before filing the petition, as required by Fla. Stat. § 61.021. This residency rule cannot be waived or shortened, even by agreement, and applies equally to stipulated and contested cases. Proof is typically a Florida driver's license, voter registration, or a corroborating witness affidavit.
Grounds are simple because Florida is a no-fault state. Under Fla. Stat. § 61.052, the petitioner alleges only that the marriage is "irretrievably broken"—there is no need to prove adultery, abandonment, or cruelty. The single alternative ground is mental incapacity of a spouse adjudicated for the preceding 3 years. For a mutual divorce agreement, both spouses simply confirm the marriage is irretrievably broken, which removes any dispute over why the marriage is ending and keeps the focus on settlement terms. Establishing residency plus the irretrievably-broken allegation are the only two threshold requirements before the court can grant a dissolution.
The Marital Settlement Agreement: The Heart of a Stipulated Divorce
The marital settlement agreement (MSA) is the written contract that turns an uncontested case into a stipulated divorce; once signed and filed, it becomes enforceable and is usually incorporated into the final judgment. An MSA must resolve every issue: real property, bank and retirement accounts, vehicles, personal property, all marital debts, alimony, and—if there are children—a parenting plan and child support. A gap in the MSA can stall the final hearing.
A thorough MSA follows Florida's equitable-distribution framework even though the spouses set their own terms. Fla. Stat. § 61.075 directs courts to divide marital assets and liabilities fairly, starting from a presumption of an equal split but allowing unequal division for stated reasons. Understanding equitable distribution helps couples draft terms a judge will approve. The agreement should identify each asset as marital or nonmarital, assign values, and state who receives what. It must also address alimony under Fla. Stat. § 61.08; note that Florida's 2023 alimony reform eliminated permanent alimony for cases filed on or after July 1, 2023, replacing it with bridge-the-gap, rehabilitative, and durational forms. A well-drafted MSA that both spouses sign voluntarily, with full financial disclosure, is what makes the settled divorce enforceable and difficult to later overturn.
Simplified Dissolution: The Fastest Stipulated Path
Simplified Dissolution of Marriage is Florida's most streamlined stipulated divorce, but it is available only to couples who meet strict conditions and are willing to waive certain rights. Authorized under Fla. Stat. § 61.052 and Florida Family Law Rule 12.105, it lets qualifying spouses file jointly and often finish shortly after the 20-day waiting period with a single brief hearing that both must attend.
Simplified dissolution is not for everyone. To qualify for this consent-divorce track, all of the following must be true: at least one spouse meets the 6-month residency requirement; both agree the marriage is irretrievably broken; there are no minor or dependent children and the wife is not pregnant; neither spouse seeks alimony; and both agree on dividing all assets and debts. Critically, spouses in a simplified dissolution waive the right to financial disclosure and the right to trial, so it works best when finances are straightforward and trust is high. Couples with children, contested support, or complex assets should use the regular uncontested dissolution instead, which still allows a stipulated outcome but preserves disclosure protections. Both paths require the same ~$408 filing fee and the same 20-day minimum wait.
| Requirement | Simplified Dissolution | Regular Uncontested |
|---|---|---|
| Minor children allowed | No | Yes |
| Alimony requested | No | Allowed by agreement |
| Financial disclosure | Waived | Required |
| Both must attend hearing | Yes | Often not required |
| Right to trial | Waived | Preserved |
Step-by-Step: How to File a Stipulated Divorce in Florida
Filing a stipulated divorce in Florida follows seven core steps, and the entire process can conclude in about 4 to 8 weeks when both spouses cooperate and the 6-month residency and 20-day wait are satisfied. The sequence is designed so the court only needs to confirm the agreement rather than adjudicate disputes.
Here is the typical order of operations for an agreed dissolution:
- Confirm eligibility: verify 6-month Florida residency under Fla. Stat. § 61.021.
- Complete the Petition for Dissolution of Marriage and the mandatory Family Law Financial Affidavit (waivable only in simplified dissolution).
- Draft and sign the marital settlement agreement covering all property, debt, support, and parenting issues.
- Prepare a parenting plan and calculate child support if minor children are involved under Fla. Stat. § 61.13. Use a Florida child support calculator to estimate the guideline amount.
- File the petition and pay the ~$408 filing fee (plus ~$10 summons) at the clerk of the circuit court in the county where either spouse lives. As of August 2026. Verify with your local clerk.
- Serve the other spouse or, in an agreed case, have the respondent sign an Answer and Waiver of Service to avoid formal service.
- Attend the final hearing (if required) after the 20-day waiting period under Fla. Stat. § 61.19; parents of minor children must also complete a court-approved parenting course under Fla. Stat. § 61.21 before the final judgment.
Many Florida courts now offer e-filing and, for uncontested cases without children, may enter the final judgment without a live hearing. Because local procedures vary by circuit, some couples choose to find a divorce attorney for a flat-fee document review even when they agree on everything.
Costs and Fees for a Florida Stipulated Divorce
The court filing fee for a Florida dissolution of marriage is approximately $408, plus about $10 for the summons, for roughly $418 in mandatory court costs as of August 2026—verify with your local clerk. Beyond the filing fee, a stipulated divorce's total cost depends mostly on whether you hire an attorney and whether children are involved.
Budget realistically for the extras. A parenting course required under Fla. Stat. § 61.21 typically costs under $50 per parent. Optional but common expenses include attorney document preparation or review ($500–$1,500 flat fee in many uncontested cases), a mediator if one issue needs polishing ($100–$400 per hour, often split), and certified copies of the final judgment ($2–$10 each). Fee waivers under Florida's civil indigency rules are available to households earning below 200% of the federal poverty level, which can eliminate the filing fee entirely for qualifying petitioners. Even at the high end, a settled divorce costs a fraction of the $10,000-plus per-spouse average for contested litigation, which is the strongest financial argument for reaching a mutual divorce agreement before filing.
Children, Support, and Parenting Plans in an Agreed Divorce
When minor children are involved, a stipulated divorce in Florida still requires a court-approved parenting plan and a child support calculation that follows the statutory guidelines, because parents cannot bargain away a child's right to support. Under Fla. Stat. § 61.13, the parenting plan must describe time-sharing, decision-making, and how the parents will communicate, and the judge reviews it for the child's best interests even in an agreed case.
Child support is formula-driven. Florida uses an income-shares model, so the guideline amount is based on both parents' net incomes and the number of overnights each parent has. Parents can agree to pay more than the guideline, but a court will scrutinize any agreement to pay less and may reject it. A Florida child support calculator gives a reliable estimate before you finalize the marital settlement agreement. Parents must also complete the mandatory 4-hour Parent Education and Family Stabilization Course under Fla. Stat. § 61.21 before the final judgment is entered. To learn how Florida structures parenting arrangements, review our overview of child custody and time-sharing. Because child support and time-sharing remain modifiable after divorce upon a substantial change in circumstances, an agreed plan is durable but not permanently frozen.
When a Stipulated Divorce Is Not the Right Choice
A stipulated divorce is not appropriate when there is a significant power imbalance, hidden assets, domestic violence, or genuine disagreement on major issues, because an agreement signed under pressure or without full information can be set aside. Florida courts can vacate a marital settlement agreement obtained through fraud, duress, coercion, or the concealment of assets, which undermines the speed and finality a settled divorce is meant to provide.
Watch for red flags before choosing the agreed path. If one spouse controls all the finances and the other lacks documentation, full disclosure through the regular uncontested process—not simplified dissolution—protects the less-informed spouse. If there is any history of domestic violence, safety must come first: Florida offers injunctions for protection, and the National Domestic Violence Hotline is available 24/7 at 1-800-799-7233. Complex marital estates involving businesses, pensions, or significant real estate often need professional valuation before a fair mutual divorce agreement is even possible. In these situations, consulting a Florida family-law attorney to review or negotiate the agreement preserves the cooperative tone while ensuring the terms are enforceable and truly fair.