What is the definition of an Uncontested Divorce?
Uncontested divorce is a divorce in which both spouses agree on every issue the court must resolve before ending the marriage, including property division, debts, alimony, child support, and time-sharing. The court still enters the final judgment, but it does not have to decide any disputed terms.
What Makes a Divorce Uncontested in Florida?
Florida is a no-fault state, so a spouse only needs to show the marriage is irretrievably broken. A divorce is uncontested when, in addition, the spouses have resolved all of the terms themselves. Those terms are usually written into a marital settlement agreement. When there are minor children, the terms also include a parenting plan and a child support calculation.
Agreement on most issues is not enough. If even one issue remains disputed, the case is contested.
Uncontested vs. Contested Divorce
| Uncontested Divorce | Contested Divorce | |
|---|---|---|
| Agreement | Spouses agree on all issues | Spouses disagree on one or more issues |
| Who decides | The parties, approved by the court | The judge, unless the parties settle |
| Typical steps | Settlement agreement, filing, final judgment | Disclosure, discovery, mediation, possible trial |
| Time and cost | Generally faster and less expensive | Generally longer and more expensive |
A case can move between the two. An uncontested case becomes contested if the agreement falls apart before the final judgment. A contested case becomes uncontested when the spouses settle every remaining issue.
Uncontested Divorce vs. Simplified Dissolution
The two terms are often confused, but they are not the same thing.
- Uncontested divorce is a general description of any divorce where the spouses agree on everything. It is available to couples with or without children.
- Simplified dissolution of marriage is a specific, streamlined Florida procedure with stricter eligibility rules. Generally, the spouses can have no minor or dependent children together, and the wife cannot be pregnant. Both spouses must agree on the division of property and debts and must take part in the process together.
Every simplified dissolution is uncontested, but most uncontested divorces are not simplified dissolutions.
Basic Requirements
An uncontested divorce in Florida still requires:
- At least one spouse to have lived in Florida for six months before filing
- A statement that the marriage is irretrievably broken
- Written agreement on all financial issues and, if there are children, all parenting issues
- Financial disclosure, unless the applicable rules allow it to be waived
- A minimum 20-day period between filing and the final judgment, except in limited circumstances
Related Terms
Planning an Uncontested Divorce in Tampa?
To see how the process works and what a complete agreement should cover, visit our Tampa uncontested divorce lawyer page, or call Mindi Lasley, P.A. at (813) 873-9047.