Contested vs. Uncontested Divorce in Florida: 2026 Complete Guide

By Antonio G. Jimenez, Esq. | Florida Bar No. 21022

The choice between a contested and uncontested divorce in Florida determines both the timeline and cost of ending your marriage. Under Fla. Stat. § 61.052, Florida requires only one ground for divorce—that the marriage is irretrievably broken—but how spouses handle property division, custody arrangements, and other issues dramatically affects the divorce process. An uncontested divorce in Florida typically takes 4-6 months and costs $2,500-$5,000 with attorney representation, while a contested divorce averages 12-24 months and costs $11,000-$25,000 or more depending on complexity. Approximately 70-90% of mediated cases reach settlement, avoiding the need for trial. The filing fee is $408 statewide plus a $10 summons fee, totaling $418 as of March 2026.

Key Facts: Florida Contested vs. Uncontested Divorce

What Is an Uncontested Divorce in Florida?

An uncontested divorce in Florida occurs when both spouses reach complete agreement on all major issues without court intervention, including property division, debt allocation, alimony, child custody, child support, and parenting time schedules. Under Florida's no-fault divorce system established by Fla. Stat. § 61.052, neither spouse needs to prove wrongdoing—only that the marriage is irretrievably broken. Uncontested divorces typically conclude within 4-6 months from filing to final judgment, with costs ranging from $2,500 to $5,000 when using attorney representation. The process begins with filing a Petition for Dissolution of Marriage, followed by a mandatory 20-day waiting period under Fla. Stat. § 61.19, financial disclosure exchange within 45 days, and a brief final hearing where the judge reviews the settlement agreement for fairness.

Couples pursuing an uncontested divorce must still satisfy Florida's 6-month residency requirement under Fla. Stat. § 61.021, meaning at least one spouse must be a Florida resident for six consecutive months immediately before filing. The simplified dissolution process offers an even faster alternative for couples with no minor children, no pregnancy, limited assets (typically under $50,000 excluding homestead), no request for alimony, and both spouses willing to attend the final hearing together. Simplified dissolutions can be completed in 30-45 days in some counties.

Requirements for an Uncontested Divorce

Florida law does not use the term "uncontested divorce" officially—the proper legal designation is "regular dissolution of marriage" where both parties reach agreement. To qualify for an uncontested divorce in Florida, spouses must achieve complete consensus on eight critical areas: equitable distribution of marital property as defined in Fla. Stat. § 61.075, division of marital debts, spousal support amount and duration (or waiver of alimony), parental responsibility and decision-making authority for minor children, time-sharing schedules detailing physical custody arrangements, child support calculations following Florida's statutory guidelines, responsibility for health insurance and uncovered medical expenses, and division of retirement accounts and pension benefits. If disagreement exists on even one issue, the case becomes contested and requires additional court intervention.

Both spouses must also complete the mandatory financial disclosure process within 45 days of service under Florida Family Law Rule 12.285. This requires exchanging a Financial Affidavit (Form 12.902(b) or 12.902(c) depending on income), federal tax returns for the past three years, pay stubs for the preceding three months, bank statements, and documentation of all assets and liabilities. For couples with minor children, both parents must complete a 4-hour Parent Education and Family Stabilization Course before the final hearing—the petitioner within 45 days of filing and the respondent within 45 days of being served. The uncontested approach saves an average of $6,000-$15,000 in legal fees and 6-18 months of litigation time compared to contested divorces.

Benefits of Choosing the Uncontested Path

The uncontested divorce process delivers three primary advantages that make it the preferred option for 60-70% of divorcing couples in Florida. First, the cost differential is substantial: uncontested divorces with attorney representation average $2,500-$5,000 total, while contested divorces requiring discovery, depositions, expert witnesses, and trial preparation cost $11,000-$25,000 or more, with complex high-net-worth cases exceeding $50,000 per spouse. Second, the timeline compresses dramatically—an uncontested divorce typically finalizes within 4-6 months from petition to final judgment, compared to 12-24 months for contested cases that proceed to trial, with some complex litigation extending 36 months or longer. Third, the emotional and psychological toll diminishes significantly when spouses collaborate rather than litigate, preserving co-parenting relationships that benefit children and reducing the stress-related health impacts documented in adversarial divorce proceedings.

Beyond these primary benefits, uncontested divorces offer greater privacy because settlement agreements remain confidential documents filed with the court, while contested trials create public records accessible to anyone. The parties also retain control over outcomes—negotiated agreements allow creative solutions tailored to family circumstances, whereas judges applying Fla. Stat. § 61.075 equitable distribution rules may impose outcomes neither party prefers. Additionally, uncontested divorces free up limited judicial resources, resulting in faster scheduling for final hearings, while contested cases face court backlogs that can delay trial dates 6-12 months beyond initial case management conferences. The simplified disclosure requirements and streamlined paperwork in uncontested cases reduce attorney billable hours by 40-60% compared to contested litigation.

What Is a Contested Divorce in Florida?

A contested divorce in Florida exists when spouses cannot reach agreement on one or more significant issues, requiring judicial intervention to resolve disputes through the court system. Under Fla. Stat. § 61.052, the legal ground remains identical—an irretrievably broken marriage—but the procedural path diverges dramatically from uncontested cases. Contested divorces involve extensive discovery procedures where attorneys gather evidence through interrogatories (written questions), requests for production of documents, depositions of parties and witnesses, subpoenas for financial records, and potential involvement of expert witnesses for business valuations, custody evaluations, or forensic accounting. The timeline stretches to 12-24 months on average, with complex cases extending to 36 months or more from initial filing to final judgment. Total costs range from $11,000 to $25,000 per spouse for standard contested divorces, escalating to $50,000-$100,000+ in high-net-worth cases involving business valuations, hidden assets investigations, or interstate custody disputes.

Florida courts require mediation in most contested family law cases before scheduling a trial, as mandated by local court rules in all 20 judicial circuits. During mediation, a neutral third-party mediator facilitates negotiations between spouses and their attorneys, attempting to reach settlement on disputed issues. Mediation sessions typically last 3-6 hours and cost $200-$400 per hour split between parties, but achieve settlement in 70-90% of cases according to Florida court statistics. When mediation fails, the case proceeds to trial where a judge (not a jury) makes final determinations on all contested issues. Florida divorce trials typically last 1-5 days depending on complexity, with most cases concluding in a single day. Judges rarely announce decisions immediately from the bench—instead, they issue written final judgments days or weeks after trial, addressing each disputed issue with specific findings and orders.

Common Issues That Lead to Contested Divorces

Property division disputes represent the most frequent source of contested divorce litigation in Florida. Under Fla. Stat. § 61.075(1), courts must begin with the premise that marital assets and liabilities should be divided equally (50/50) unless justification exists for unequal distribution based on relevant factors. Contested property issues typically involve disagreement over asset classification (marital versus non-marital property), business valuations for professional practices or closely-held companies, tracing of commingled assets where separate property mixed with marital funds, valuation date selection under Fla. Stat. § 61.075(6) which allows cut-off dates at filing or separation, and division of retirement accounts requiring Qualified Domestic Relations Orders (QDROs). High-conflict cases may necessitate forensic accountants at $300-$500 per hour to trace assets, business appraisers charging $5,000-$15,000 for formal valuations, and real estate appraisers for marital home valuations.

Child custody and time-sharing arrangements generate the second-most common category of contested issues. Florida law uses the term "parental responsibility" rather than custody, with Fla. Stat. § 61.13 creating a presumption favoring shared parental responsibility unless evidence demonstrates that shared decision-making would be detrimental to the child. Time-sharing schedules determining physical custody arrangements become contested when parents disagree on the residential schedule, holiday and vacation time allocation, school enrollment decisions, extracurricular activity participation, or relocation restrictions. Courts may order parenting evaluations at $2,500-$8,000 where psychologists assess family dynamics, interview children and parents, review records, and make custody recommendations to the judge. Child support disputes also create contention, particularly involving deviation from guideline amounts, imputation of income to unemployed or underemployed spouses, calculation of gross income for self-employed parents, or allocation of expenses for private school, medical costs, and childcare.

Alimony (spousal support) disputes constitute the third major category of contested divorce issues. Florida recognizes several alimony types under Fla. Stat. § 61.08: bridge-the-gap (maximum 2 years), rehabilitative (with specific plan), durational (for marriages under 20 years), and permanent (primarily for long marriages). Contested alimony cases typically involve disputes over the need for support, the paying spouse's ability to pay, appropriate duration based on marriage length, lifestyle considerations, and tax treatment of payments. For marriages lasting 20+ years, permanent alimony becomes a significant issue, with courts considering factors including standard of living during marriage, duration of marriage, age and physical/emotional condition of parties, financial resources of each party, earning capacities, contribution to career or education, and responsibilities for children. Recent alimony reform attempts in Florida created uncertainty in 2026, making experienced legal counsel essential for these disputes.

The Contested Divorce Process Timeline

The contested divorce timeline in Florida spans 12-24 months on average, with six distinct procedural phases. Phase 1 (Filing and Service, 1-3 weeks) begins when one spouse files a Petition for Dissolution of Marriage and serves the other spouse through a private process server, typically costing $75-$125. The respondent has 20 days to file an Answer and Counter-Petition if desired. Phase 2 (Mandatory Disclosure, 45 days) requires both parties to exchange financial affidavits and supporting documentation within 45 days of service under Florida Family Law Rule 12.285, including three years of tax returns, three months of pay stubs, bank statements, retirement account statements, and documentation of all assets and debts. Failure to comply can result in sanctions, case delays, or adverse inferences at trial.

Phase 3 (Discovery, 1-8 months) represents the most time-intensive and expensive portion of contested divorces. Attorneys use formal discovery tools including interrogatories (written questions limited to 30 under Florida Family Law Rules), requests for production of documents, requests for admissions, depositions of parties and witnesses at $400-$800 per day for court reporter fees, and subpoenas for third-party records from banks, employers, or other institutions. Complex cases involving business interests or hidden assets may require forensic accountants, business appraisers, or vocational evaluators, adding $5,000-$25,000 to litigation costs. Discovery disputes frequently arise, requiring motion practice and court hearings that extend timelines by 2-4 months.

Phase 4 (Mediation, 1-3 months) occurs after discovery substantially completes. Florida courts require mediation before trial in most contested family law cases, with certified family mediators charging $200-$400 per hour (split between parties) for sessions typically lasting 3-6 hours. Mediation succeeds in 70-90% of cases according to Florida court data, but failed mediation adds $600-$1,200 per party to case costs without resolving disputes. Phase 5 (Pre-Trial Preparation, 1-3 months) follows failed mediation, involving preparation of witness lists, exhibit lists, pre-trial statements, proposed final judgments, and trial strategy development. Phase 6 (Trial, 1-5 days) culminates the process, with most Florida divorce trials lasting one day. Judges issue written final judgments days or weeks after trial, making specific findings on each contested issue and entering orders that become legally binding and enforceable through contempt proceedings if violated.

Key Differences Between Contested and Uncontested Divorces

The procedural and financial differences between contested and uncontested divorces in Florida create vastly different experiences for divorcing spouses. Timeline differences are dramatic: uncontested divorces finalize in 4-6 months on average (with a mandatory 20-day minimum under Fla. Stat. § 61.19), while contested divorces average 12-24 months and can extend to 36+ months for complex cases involving substantial assets, business valuations, or custody evaluations. Cost differentials are equally significant—uncontested divorces with attorney representation cost $2,500-$5,000 total, while contested divorces range from $11,000 to $25,000 per spouse for standard cases, escalating to $50,000-$100,000+ for high-net-worth or high-conflict litigation. The $408 filing fee (plus $10 summons fee) applies to both case types, but contested divorces accumulate additional costs for discovery depositions, expert witness fees, mediation expenses, and trial preparation.

Control and privacy considerations differ substantially between the two approaches. Uncontested divorces allow spouses to negotiate customized settlement agreements addressing unique family circumstances, such as creative time-sharing schedules accommodating work travel, phased asset division to minimize tax consequences, or structured alimony payments tied to specific milestones. These settlement agreements remain largely confidential once filed with the court. Contested divorces, conversely, cede decision-making authority to a judge who applies Florida statutory guidelines and case law precedent, potentially imposing outcomes neither party desires. Trial proceedings become public records accessible to anyone, exposing financial details, parenting disputes, and personal matters to public scrutiny. The adversarial nature of contested litigation often damages co-parenting relationships, while collaborative settlement discussions in uncontested cases preserve communication channels beneficial for children's well-being.

Cost Comparison: Attorney Fees and Court Costs

Attorney fees represent the largest cost differential between contested and uncontested divorces in Florida. Uncontested divorce attorneys typically charge flat fees ranging from $1,500 to $4,000 for full representation, covering petition preparation, financial disclosure assistance, settlement agreement drafting, and final hearing representation. Some attorneys offer limited scope representation for $500-$1,500, where the client handles document filing but receives legal advice on settlement terms. Self-represented uncontested divorces cost only the $418 filing fee plus approximately $100-$300 for service of process and certified copies, though errors in paperwork or agreement drafting can create enforcement problems later.

Contested divorce attorneys bill hourly at $250-$500 per hour in Florida markets, with experienced family law litigators in major metropolitan areas (Miami, Tampa, Orlando, Jacksonville) charging $350-$500 per hour. A contested divorce requiring discovery, depositions, and trial typically accumulates 30-70 billable hours, generating $10,500-$35,000 in attorney fees before accounting for expert witness costs and other expenses. High-conflict cases involving extensive discovery disputes, multiple motions, or complex financial issues can exceed 100+ billable hours per spouse. Retainer deposits of $5,000-$15,000 are standard when retaining a contested divorce attorney, with additional deposits required as retainers deplete during litigation.

Additional costs unique to contested divorces include: court reporter fees for depositions ($400-$800 per deposition day plus $3-$6 per page for transcripts), expert witness fees (business appraisers $5,000-$15,000, custody evaluators $2,500-$8,000, forensic accountants $300-$500 per hour, real estate appraisers $400-$600), mediation fees ($200-$400 per hour for 3-6 hours, split between parties), Guardian ad Litem fees if appointed for children ($1,500-$5,000), motion filing fees ($50-$100 per motion), and service of process fees for subpoenas and witness summons ($75-$125 per service). The total cost differential between uncontested and contested divorces typically ranges from $8,000 to $20,000 per spouse, with complex cases showing even larger gaps.

Timeline Comparison: Months to Resolution

The temporal difference between contested and uncontested divorces in Florida directly impacts emotional stress, co-parenting transition periods, and the ability to move forward with post-divorce life planning. Uncontested divorces follow a compressed timeline: Week 1-2 involves attorney consultation and petition preparation, Week 3-4 covers petition filing and service of process on the respondent, Week 5-8 encompasses the mandatory 20-day waiting period under Fla. Stat. § 61.19 plus response filing by the respondent (or waiver of formal response), Months 2-4 involve financial disclosure exchange within 45 days and settlement agreement negotiation, and Months 4-6 conclude with final hearing scheduling and entry of final judgment. The entire process typically completes within 4-6 months from initial filing, with some efficient cases concluding in 3 months when both parties cooperate fully and court calendars permit earlier final hearings.

Contested divorces follow an extended timeline with multiple procedural phases: Months 1-2 cover filing, service, and initial case management conferences where judges set discovery deadlines and trial schedules. Months 2-10 involve extensive discovery procedures including interrogatories, document production, depositions, and expert witness engagement—this phase alone often spans 6-8 months in complex cases. Months 8-11 include mandatory mediation sessions attempted after discovery substantially completes, with 70-90% of cases settling during this phase and avoiding trial. Months 10-14 encompass pre-trial preparation for cases that fail to settle, including witness preparation, exhibit organization, and pre-trial statement filing. Months 12-24 include trial scheduling (often delayed 6-12 months due to court backlogs), the trial itself (1-5 days typically), and post-trial briefing periods before the judge issues a written final judgment. Complex cases involving business valuations, interstate custody disputes, or substantial asset tracing can extend timelines to 30-36 months.

The Simplified Dissolution process offers an even faster alternative for eligible couples, concluding in 30-45 days in some Florida counties. To qualify, couples must have no minor children, no pregnancy, no request for alimony, complete agreement on property and debt division (typically limited to under $50,000 in assets excluding homestead), and both spouses willing to attend the final hearing together. Both parties must waive rights to trial, appeal, and formal discovery. The simplified process requires filing a joint petition, financial affidavits, and a marital settlement agreement, followed by a brief final hearing where both spouses appear before the judge who reviews the agreement for fairness and voluntary execution.

Making the Decision: Which Path Is Right for You?

The decision between contested and uncontested divorce in Florida hinges on four critical assessment factors: the ability to communicate effectively with your spouse, the complexity of marital assets and debts, the presence and needs of minor children, and each spouse's willingness to compromise on disputed issues. Couples who can discuss major decisions calmly, have relatively simple financial situations (W-2 employment income, jointly-titled bank accounts, no business ownership), agree on parenting approaches and time-sharing arrangements, and show willingness to negotiate rather than litigate are strong candidates for uncontested divorce. Conversely, high-conflict relationships involving domestic violence, substance abuse, or pattern of deception require the protections of contested litigation. Cases involving complex assets like business ownership, professional practices, substantial retirement accounts, or real estate portfolios typically benefit from the discovery procedures available in contested divorces to ensure full asset disclosure.

Situations where contested divorce becomes necessary or advisable include: evidence of hidden assets or financial deception requiring forensic accounting and subpoena power, significant disagreement on child custody arrangements or time-sharing schedules, domestic violence requiring protective injunctions and supervised time-sharing, one spouse's refusal to disclose complete financial information voluntarily, business valuations needed for professional practices or closely-held companies, alimony disputes involving marriages over 15-20 years where permanent support may be appropriate, one spouse's substance abuse or mental health issues affecting parenting ability, and relocation disputes where one parent seeks to move out of state with children. These circumstances justify the additional time, expense, and stress of contested litigation because the stakes—child safety, financial security, or long-term support—outweigh the costs of the adversarial process.

The middle ground option—starting with uncontested negotiation but retaining the option to convert to contested proceedings if settlement fails—offers strategic flexibility. Many Florida divorce cases begin as contested filings but settle before trial through mediation or negotiated settlement. Approximately 95% of all divorce cases in Florida settle without trial, with many initially-contested cases resolving during the mandatory mediation phase. This approach allows parties to attempt good-faith settlement negotiations while preserving access to discovery tools and court intervention if agreement proves impossible. Consulting an experienced Florida family law attorney for an initial case assessment helps identify which path best fits your circumstances and whether hybrid approaches like collaborative divorce might achieve settlement without full-scale litigation.

When to Consider Mediation or Collaborative Divorce

Mediation and collaborative divorce represent alternative dispute resolution methods that occupy the middle ground between fully uncontested and fully contested divorces in Florida. Mediation involves a neutral third-party mediator facilitating settlement negotiations between spouses and their attorneys, without the mediator having decision-making authority. Florida Supreme Court-certified family mediators charge $200-$400 per hour (split between parties) for sessions typically lasting 3-6 hours, totaling $600-$1,200 per party for a full-day mediation. Mediation succeeds in resolving 70-90% of contested cases according to Florida court statistics, allowing parties to reach customized agreements while avoiding the expense and uncertainty of trial. Even when mediation fails to resolve all issues, partial settlements on some matters reduce trial time and costs. Florida courts require mediation in most contested family law cases before scheduling trial, but parties can engage in voluntary mediation earlier in the divorce process to attempt settlement before incurring substantial discovery costs.

Collaborative divorce offers a structured alternative dispute resolution process where both spouses retain specially-trained collaborative divorce attorneys who commit contractually to settlement rather than litigation. Under collaborative divorce agreements, both attorneys must withdraw from representation if settlement fails and the case proceeds to trial, requiring the parties to retain new litigation counsel—this built-in disincentive encourages good-faith settlement efforts. The collaborative process typically involves a series of four-way meetings (both spouses and both attorneys) addressing issues sequentially, with the option to bring in neutral experts such as financial advisors, child specialists, or divorce coaches to facilitate resolution. Collaborative divorce costs typically range from $5,000-$15,000 per spouse—more expensive than uncontested but substantially less than contested litigation through trial—and concludes in 6-12 months on average.

Mediation proves particularly effective when couples communicate reasonably well but need help bridging specific disagreements on property valuation, alimony duration, or time-sharing details. Collaborative divorce works best for couples committed to settlement but requiring structured professional facilitation, couples with complex financial situations benefiting from neutral expert input, parents prioritizing child-focused solutions over adversarial positioning, and spouses seeking to preserve co-parenting relationships by avoiding the acrimony of contested litigation. Both approaches require voluntary participation and good-faith negotiation—couples with domestic violence histories, substance abuse issues, or patterns of financial deception typically need the discovery tools and protective orders available through contested court proceedings.

Questions to Ask Before Choosing Your Approach

Before selecting between contested and uncontested divorce approaches in Florida, answer these critical assessment questions with brutal honesty: Can you and your spouse communicate about important decisions without explosive conflict or complete shutdown? Do you trust your spouse to disclose all financial information voluntarily and accurately? Is there any history of domestic violence, substance abuse, or mental health crises that affect decision-making capacity or child safety? Do you have minor children, and can you agree on a time-sharing schedule that serves their best interests? Are there complex assets requiring professional valuation, such as business interests, professional practices, or substantial investment portfolios? Do you suspect hidden assets, undisclosed income, or financial deception requiring forensic investigation? Is one spouse financially dependent and requiring long-term spousal support that the other contests?

Additional considerations include: Has either spouse consulted with an attorney already to understand their legal rights and likely outcomes? Are both spouses willing to compromise on disputed issues, or does one party hold rigid positions refusing negotiation? What is your risk tolerance for the uncertainty of judicial decision-making versus negotiated settlement? Can you afford the $11,000-$25,000 cost of contested litigation, or does financial reality necessitate settlement? How quickly do you need the divorce finalized—do you have personal circumstances (new relationship, job relocation, health insurance needs) requiring expedited resolution? Are you emotionally prepared for the 12-24 month timeline and adversarial nature of contested litigation?

Consulting with an experienced Florida family law attorney for an initial case assessment provides invaluable guidance in answering these questions and selecting the appropriate approach. Most family law attorneys offer initial consultations at $200-$400 for one hour, during which they assess case facts, explain applicable Florida law, project likely outcomes under Fla. Stat. § 61.075 equitable distribution rules, estimate realistic timelines and costs, and recommend strategic approaches. This investment in legal advice early in the divorce process often saves thousands in attorney fees and months of unnecessary litigation by choosing the right procedural path from the outset.

Frequently Asked Questions

How much does an uncontested divorce cost in Florida?

An uncontested divorce in Florida costs $2,500-$5,000 with full attorney representation, or as little as $418 (the court filing fee plus summons fee) for self-represented cases. Attorney flat fees range from $1,500-$4,000 covering petition preparation, settlement agreement drafting, financial disclosure assistance, and final hearing representation. Additional costs include service of process ($75-$125), certified copies ($2 per page), and the mandatory parent education course for cases with children ($25-$75 per person). As of March 2026, verify current fees with your local clerk of court.

How long does a contested divorce take in Florida?

A contested divorce in Florida takes 12-24 months on average from filing to final judgment, with complex cases extending to 36+ months. The timeline includes filing and service (1-3 weeks), mandatory disclosure (45 days), discovery phase (1-8 months), court-ordered mediation (1-3 months after discovery), pre-trial preparation (1-3 months), and trial (1-5 days) followed by the judge's written ruling. Court backlogs often delay trial dates 6-12 months beyond initial case management conferences. Under Fla. Stat. § 61.19, a minimum 20-day waiting period applies before any divorce can be finalized.

Can I convert from a contested to an uncontested divorce?

Yes, you can convert from a contested to an uncontested divorce in Florida at any point before trial by reaching settlement on all disputed issues. Approximately 95% of Florida divorce cases settle without trial, with many initially-contested cases resolving during mandatory mediation. When parties reach full settlement, they execute a marital settlement agreement addressing all issues—property division, alimony, parenting plan, child support—and submit it to the court for approval. The judge reviews the agreement for fairness and voluntary execution, then enters a final judgment incorporating the settlement terms. This conversion saves substantial attorney fees and months of litigation time.

Do I need an attorney for an uncontested divorce in Florida?

You do not legally require an attorney for an uncontested divorce in Florida, but legal representation provides significant value in ensuring proper asset division under Fla. Stat. § 61.075, drafting enforceable settlement agreements, avoiding costly mistakes in financial disclosure, and protecting long-term interests regarding alimony and retirement accounts. Self-represented litigants often make errors in classifying marital versus non-marital property, calculating child support, or addressing tax consequences that create enforcement problems later. Most family law attorneys offer flat-fee uncontested divorce representation for $1,500-$4,000, providing expertise for a fraction of contested litigation costs.

What happens if my spouse refuses to agree to an uncontested divorce?

If your spouse refuses to agree on all issues, your divorce becomes contested by definition, requiring court intervention to resolve disputes. You can still file for divorce under Fla. Stat. § 61.052 based on the marriage being irretrievably broken—Florida is a no-fault state, so one spouse's unilateral decision to divorce is sufficient. The contested process involves filing a petition, serving your spouse, engaging in discovery to gather evidence and financial information, participating in court-ordered mediation to attempt settlement, and proceeding to trial if mediation fails. The timeline extends to 12-24 months, and costs increase to $11,000-$25,000+ per spouse.

Is mediation required for Florida divorces?

Mediation is required in most contested Florida divorce cases before judges will schedule trial, as mandated by local court rules in all 20 judicial circuits. Florida Supreme Court-certified family mediators facilitate settlement negotiations at $200-$400 per hour split between parties, with sessions typically lasting 3-6 hours. Mediation succeeds in 70-90% of contested cases according to court data. Uncontested divorces do not require mediation since parties already agree on all terms. If you have a settlement agreement ready for court approval, you proceed directly to a final hearing without mediation.

How does Florida divide property in contested divorces?

Florida divides property in contested divorces under Fla. Stat. § 61.075, which requires equitable distribution of marital assets and liabilities. Courts begin with a presumption of equal (50/50) division but may order unequal distribution based on factors including each spouse's economic circumstances, marriage duration, career sacrifices or contributions to the other's education, intentional waste of marital assets, and interruption of personal careers for homemaking. Only marital property (assets acquired during marriage) is subject to division—non-marital property (owned before marriage or received by inheritance/gift) remains with the original owner unless commingled with marital assets.

Can I get alimony in an uncontested divorce in Florida?

Yes, you can receive alimony in an uncontested Florida divorce if both spouses agree to the amount, duration, and terms. Under Fla. Stat. § 61.08, Florida recognizes bridge-the-gap alimony (maximum 2 years), rehabilitative alimony (with specific plan), durational alimony (for marriages under 20 years), and permanent alimony (primarily for long marriages). Uncontested divorces allow negotiated alimony terms tailored to both parties' circumstances, such as step-down provisions reducing payments over time, specific termination dates, or waiver of alimony in exchange for greater property division. The settlement agreement must address alimony explicitly—if waived, include clear language stating both parties waive alimony rights permanently.

What is simplified dissolution in Florida?

Simplified dissolution in Florida is an expedited divorce process for couples meeting strict eligibility requirements: no minor children, no pregnancy, both spouses agree to waive alimony, limited marital assets (typically under $50,000 excluding homestead property), complete agreement on property and debt division, and both spouses willing to attend the final hearing together. The simplified process requires filing a joint petition, financial affidavits, and marital settlement agreement. Both parties must appear at the final hearing where the judge reviews the agreement and enters the final judgment. Simplified dissolutions can conclude in 30-45 days in some counties, making it the fastest divorce option in Florida.

How do I prove Florida residency for divorce?

You prove Florida residency for divorce under Fla. Stat. § 61.021 by providing a Florida driver's license or ID card, Florida voter registration, a sworn affidavit from a Florida resident who has personal knowledge of your residency, utility bills in your name at a Florida address, lease agreement or mortgage documents for Florida property, or Florida vehicle registration. At least one spouse must have been a Florida resident for six consecutive months immediately before filing the divorce petition. The requirement cannot be waived or shortened. Military personnel stationed in Florida satisfy the residency requirement under the same statute.

Additional Resources

For more information about divorce in Florida, consult the Florida State Courts Dissolution of Marriage page or the Florida Bar Consumer Pamphlet on Divorce. To find your local court filing fees and forms, visit your county clerk of court website. For questions about your specific situation, consult a Florida-licensed family law attorney who can provide personalized legal advice.

Sources:

• Florida Divorce Cost 2026: Complete Price Breakdown
• Florida Divorce Residency Requirements in 2026
• Divorce Laws in Florida: Complete 2026 Guide
• How Long Does a Divorce Take in Florida? Complete Timeline Guide (2026)
• Contested Divorce in Florida: What to Expect & How to Win (2026 Guide)
• Florida Statutes Chapter 61