Florida Uncontested Divorce: Step-by-Step Process and Cost

Florida Uncontested Divorce: Step-by-Step Process and Cost

An uncontested divorce in Florida means both spouses agree on every issue — property division, debts, alimony, and if applicable, child custody and support. Because there is nothing for a judge to decide, these cases move through the court system in 30 to 90 days with total costs typically under $600 when filed without an attorney.

Total Cost Breakdown

The mandatory court costs for an uncontested divorce in Florida include:

• Filing fee: $400 to $410 (varies by county)
• Summons issuance: $10 per summons
• Service of process: $40 to $100 (county sheriff) or $0 if your spouse signs a Waiver of Service
• E-filing convenience fee: 3.5% for credit/debit cards, or $5 flat for electronic check
• Parent education course: $25 to $50 per parent (required only if minor children are involved)

If your household income falls below 200% of the Federal Poverty Guidelines, you can apply for a fee waiver under Fla. Stat. § 57.082, which eliminates the filing and summons fees entirely.

For comparison, hiring a Florida family law attorney for an uncontested divorce typically costs $2,500 to $5,000 in flat fees. Online document-prep services like 3StepDivorce charge $299, and LegalZoom packages start at $150 but include auto-renewing monthly subscriptions that can push first-year costs above $1,000.

The Step-by-Step Process

1. Verify residency. At least one spouse must have lived in Florida for six continuous months (Fla. Stat. § 61.021).

2. File the petition. Submit your Petition for Dissolution of Marriage (Form 12.901(b)(1) or (b)(2), depending on whether you have children) plus required supporting documents through myflcourtaccess.com.

3. Serve your spouse. Have the county sheriff or a certified process server deliver the papers, or ask your spouse to sign a Waiver of Service. If they sign the waiver, they get 60 days instead of 20 to file their response.

4. Exchange financial disclosures. Within 45 days of service, both parties must file sworn financial affidavits (Short Form 12.902(b) for income under $50,000; Long Form 12.902(c) for $50,000 or more). Cooperative couples can waive the exchange of supporting documents like bank statements and tax returns by signing a written waiver under Rule 12.285(d) — but the affidavits themselves must still be filed.

5. Draft your marital settlement agreement. This document spells out exactly how you are dividing assets, debts, and if applicable, your parenting plan and child support. It must be written, signed, notarized, and submitted to the court.

6. Complete the parent education course (if children are involved). Both parents must complete a DCF-approved four-hour class — the petitioner within 45 days of filing, the respondent within 45 days of service.

7. Attend the final hearing. After the 20-day waiting period from your filing date (Fla. Stat. § 61.19), the petitioner appears before the judge with a valid Florida ID, testifies that the marriage is irretrievably broken, and the judge signs the Final Judgment.

Common Mistakes That Delay Uncontested Cases

Filing the wrong petition form. Using the simplified petition (12.901(a)) when you have children or want alimony means starting over.

Missing the financial disclosure deadline. The 45-day clock is mandatory. Missing it can result in sanctions or your pleadings being struck.

Forgetting the parent education course. The judge cannot enter a final judgment until both parents file proof of completion.

The Florida Divorce Filing Process Guide provides deadline trackers, a financial disclosure worksheet, and the exact filing sequence so cooperative couples can complete an uncontested divorce without paying for an attorney or an online service.

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