What is an Uncontested Divorce?

To qualify for an uncontested divorce in Florida, the parties must meet three basic requirements:

  1. Qualify for state residency
  2. Agree on the reason for the divorce (also known as “dissolution of marriage”)
  3. Agree on the matters at issue in the divorce

1. State Residency

To qualify for a dissolution of marriage in Florida, either you or your spouse must have lived in Florida for at least six months immediately prior to filing the divorce.

2. Reason for the Divorce

In Florida, you must have a legally acceptable reason to get divorced. Florida is a no-fault divorce state. In practice, what that means is that when seeking an uncontested divorce in Florida, the spouses will agree that the marriage is “irretrievably broken.” That means that the marriage is over and cannot be repaired.

3. Agree on the matters at issue

Spouses must agree on the matters at issue in the divorce before qualifying for and filing for an Uncontested Divorce in Florida.

Matters at issue in the divorce, can include:

  • How to divide real estate and personal property;
  • How to allocate debts;
  • Whether either spouse will pay the other alimony and, if so, the amount and duration;
  • Child support, including responsibility for health insurance and related expenses;
  • Child custody/visitation;
  • Once the spouses agree on these issues the agreed upon terms must be put in a written marital settlement agreement