Contested vs. Uncontested Divorce in Florida

The difference comes down to agreement. An uncontested divorce is one where the spouses agree on every issue, including how to divide property and debts and, where relevant, support and parenting arrangements. A contested divorce is one where at least one issue remains in dispute.

Any unresolved issue, whether it involves children, support, alimony, or property, makes a case contested. That triggers the regular court process, including the mandatory financial disclosure required by Florida Family Law Rule of Procedure 12.285 and, in most cases, mediation before a trial date is set.

Florida offers a streamlined uncontested track called simplified dissolution, governed by Florida Family Law Rule of Procedure 12.105 (using Form 12.901(a)). It is only available when both spouses can certify several things under oath: that they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant; that they have already divided their property and agreed on how joint obligations will be paid; that neither spouse is seeking alimony; that both give up the right to a trial and an appeal; that both will sign the petition in person at the clerk’s office; and that both will attend the final hearing.

The 6-month residency requirement under Florida Statutes section 61.021 still applies. Because of these conditions, most divorcing couples do not qualify for simplified dissolution. Having minor children together or making any alimony claim disqualifies a couple from using it.

The simplified track saves steps, but it comes with permanent consequences. In a simplified dissolution, both spouses permanently give up any claim to alimony and cannot later contest the property division.

This waiver is significant and is frequently overlooked by couples who focus on the speed and lower effort of the process. It is worth weighing carefully before choosing the simplified path.

When a case is contested, it follows the full process. After the petition is filed and served, the responding spouse answers and may file a counterpetition. Both sides complete the mandatory financial disclosure under Rule 12.285, the case typically goes to mediation, and any issues that remain are decided at trial.

Timelines vary widely. Florida does not publish an official average divorce timeline, and any specific timeline or average-cost range you see comes from secondary sources and should be treated as an estimate, not an official figure. As of 2026, these tracks and requirements reflect current Florida procedure. Reading this guide does not create an attorney-client relationship. For advice about your own situation, speak with a licensed Florida attorney.