How Long Does an Uncontested Divorce Take in Florida?

For many couples in Central Florida, the decision to end a marriage is heavy enough without the added burden of a drawn-out court battle. You might be worried about years of litigation, expensive fees, and public arguments. But there is a faster, quieter path. If you and your spouse agree on all the major issues, an uncontested divorce can streamline the process significantly.

So, how fast is it? In Florida, an uncontested divorce can typically be finalized in as little as 4 to 6 weeks after filing, provided all paperwork is correct and court calendars are open. Compared to contested divorces, which can drag on for a year or more, this approach saves you time, money, and emotional energy. It allows you to move forward with your life sooner, whether you live in a quiet bungalow in College Park or a family home in Windermere.

What Qualifies as an Uncontested Divorce?

An uncontested divorce means exactly what it sounds like: neither party is fighting the other on key issues. To qualify, you and your spouse must be in complete agreement regarding:

• Division of Assets and Debts: Who keeps the house, the car, the retirement accounts, and who pays off the credit cards.
• Alimony: Whether one spouse will pay support to the other, how much, and for how long.
• Children: If you have minor children, you must agree on a parenting plan, time-sharing schedule, and child support amounts.

Additionally, at least one of you must have been a resident of Florida for the six months immediately preceding the filing. This residency requirement is non-negotiable. If you meet these criteria, you bypass the need for a trial, which is the biggest time-saver in the legal world.

Step-by-Step: The Timeline of an Uncontested Divorce

While every case has its nuances, the path for an uncontested divorce generally follows a predictable rhythm. Here is what you can expect.

1. Filing the Petition

The process officially starts when you file a "Petition for Dissolution of Marriage" with the circuit court clerk in your county (likely Orange or Seminole County if you're local). You will need to pay a filing fee, which is generally around $400 to $410 in Florida, though this varies slightly by county.

2. Service (or Waiver of Service)

In a standard lawsuit, you have to hire a process server to hand-deliver papers to the other party. However, in an amicable, uncontested divorce, your spouse can simply sign a "Waiver of Service." This document tells the court they have received the petition and do not need to be formally served. This step alone can shave weeks off the timeline.

3. The Marital Settlement Agreement

This is the heart of the process. You and your spouse will draft and sign a Marital Settlement Agreement (MSA). This contract outlines everything you agreed upon regarding property, money, and kids. Because this is a legally binding contract that affects your future, having a collaborative divorce attorney Orlando Florida review it is a smart move to ensure you haven't missed anything critical.

4. The Final Hearing

Once the paperwork is filed and the mandatory 20-day waiting period has passed (more on that below), you can schedule a final hearing. In many uncontested cases, this hearing is brief—often lasting less than 10 minutes. The judge reviews your agreement to ensure it's legal and fair, asks a few standard questions, and signs the Final Judgment of Dissolution of Marriage.

Factors That Can Slow Down the Process

Even when you agree, hurdles can pop up. Why does it take longer for some people?

Court Backlogs vary by County

The speed of your divorce often depends on which judge is assigned to your case and how busy their docket is. For example, the courts in downtown Orlando might have different wait times for hearing dates than the courts in Seminole County. During peak times or holiday seasons, finding an open slot on the judge's calendar can add a few weeks to the process.

Paperwork Errors

This is the most common cause of delay. If you forget a financial affidavit, calculate child support incorrectly according to Florida guidelines, or miss a signature, the court will kick the paperwork back to you. You will have to fix the error and refile, which resets the clock on getting a hearing date.

The Mandatory Waiting Period

Florida law requires a 20-day waiting period from the date the petition is filed before the judge can sign the final judgment. This is designed to give couples a "cooling-off" period. While you can use this time to get your paperwork in order, the divorce generally cannot be finalized until those 20 days are up.

Why Choose an Uncontested Divorce?

Why does it matter which path you take? Beyond the speed, the benefits are practical and emotional.

• Cost Savings: A contested divorce involving trial can easily cost $15,000 to $30,000 or more per person in legal fees. An uncontested divorce costs a fraction of that because you aren't paying attorneys for hundreds of hours of litigation and court appearances. According to a 2023 survey by legal experts, the average cost of an uncontested divorce with legal help is significantly lower, often ranging between $1,500 and $5,000 depending on complexity.
• Lower Stress: Fighting in court is draining. An uncontested process allows you to maintain dignity and civil communication, which is especially vital if you will be co-parenting children in neighborhoods like Baldwin Park or Lake Nona.
• Privacy: Settlement agreements filed in an uncontested divorce are public record, but you avoid airing your "dirty laundry" in open court testimony.

Do I Need a Lawyer if We Agree?

You might think that if you agree, you don't need legal help. However, "uncontested" doesn't mean "uncomplicated." Family law is complex. You need to ensure your assets are divided fairly and that your parenting plan actually works for your schedule.

A mediation attorney can act as a neutral facilitator to help you and your spouse work through the details of your agreement if you're stuck on a few points. Alternatively, you can hire a collaborative divorce attorney in Orlando Florida to represent your interests and ensure the paperwork is flawless. Using an attorney for an uncontested divorce isn't about starting a fight; it's about making sure the peace treaty is written correctly so you don't end up back in court a year later.

Moving Forward With Confidence

An uncontested divorce offers a streamlined, dignified way to close one chapter and begin the next. By understanding the timeline and requirements, you can take control of the process rather than letting the legal system control you.

Whether you have questions about the 20-day waiting period or need a collaborative divorce attorney in Orlando Florida to review your settlement agreement, getting professional eyes on your documents is the best way to speed up the process. A simple mistake in the paperwork is the biggest enemy of a fast divorce.

If you're ready to move forward or just have questions about where to start, we are here to help your family find a resolution. Call Ilvento Law at (407) 898-0747 to discuss your situation and get the guidance you need.