Family Law – Uncontested Divorce
Florida Divorce Law Made Simple
In Florida, divorce doesn’t have to be messy or expensive. As a no-fault divorce state, Florida only requires that your marriage is irretrievably broken or that one spouse has been mentally incapacitated for at least three years. Diana specializes in uncontested divorces, where both parties agree on all key issues—keeping the process faster, more affordable, and less stressful.
Please note: Diana handles uncontested divorces only. If your situation involves unresolved disputes, this may require contested litigation beyond our scope of services.
Understanding Divorce Grounds in Florida
Florida is a no-fault divorce state, which means you don’t need to prove wrongdoing like adultery or abuse to get divorced. The only two valid grounds are:
- Irretrievable Breakdown – Your marriage is broken beyond repair.
- Mental Incapacity – One spouse has been mentally incapacitated for at least 3 years.
While issues like adultery or violence aren’t legal grounds for divorce in Florida, they may affect decisions about property division, child custody, or spousal support.
Who Can File for Divorce in Florida?
- Married Status: You must be legally married.
- Residency: One spouse must have lived in Florida for at least 6 months.
- Legal Grounds: The marriage is irretrievably broken or one party is mentally incapacitated.
- Parenting Course: If children are involved, both parents must complete a state-mandated parenting class.
Types of Divorce in Florida
| Uncontested Divorce | Contested Divorce | |
|---|---|---|
| Definition | Both spouses agree on all terms | Spouses disagree on one or more issues |
| Time | Often finalized within weeks | May take months or years |
| Cost | Lower legal fees | Higher due to litigation |
| Stress | Minimal | Often emotionally draining |
| Control | Both spouses retain control | Judge decides unresolved issues |
Why Choose an Uncontested Divorce?
Requirements:
- Signed & notarized Marital Settlement Agreement
- Financial Affidavits from both parties
- Attendance at final hearing
What Happens in a Uncontested Divorce?
(For Educational Purposes Only)
Step 1: Agreement on All Terms
You and your spouse must agree on every detail—property division, spousal support (alimony), parenting plan, time-sharing (custody), and child support if children are involved.
Step 2: Draft and Sign the Marital Settlement Agreement
All terms are put into a written, signed, and notarized agreement called a Marital Settlement Agreement.
Step 3: Financial Disclosure
Both spouses must complete and file a Family Law Financial Affidavit, even if everything is agreed upon, unless they both sign a Waiver of Filing a Financial Affidavit (financial disclosure to each other is still mandatory).
Step 4: File for Divorce
The appropriate legal documents, including the petition and settlement agreement, are filed with the Circuit Court in the county where one of you resides.
Step 5: Parenting Course (if applicable)
If you have minor children, both parents are required to complete a Florida-approved Parenting Course.
Step 6: Final Hearing
Optional: Since COVID, most courts allow for zoom final hearings. One spouse must attend a brief court hearing where the judge will review your documents and issue the Final Judgment of Dissolution of Marriage, officially ending the marriage.
Divorce Law Terms You Should Know
- Petition — The petition, formerly called the “Petition for Dissolution of Marriage” initiates the divorce process and requests that the court grant certain terms asked for by the petitioner in the petition.
- Service of Process — Service of process is the formal procedure for ensuring that the spouse receives the petition and all other important documents throughout the divorce. Upon delivery, Proof of service is provided to the court via Affidavit.
- Response — The spouse must respond to the petition in a specified number of days.
- Default — The court may grant a default judgment to the petitioner if the respondent spouse fails to answer the petition by the deadline.
- Financial affidavit — Both spouses are required to complete and file a notarized a Family Law financial affidavit that accurately reflects their assets, liabilities and net-worth.
- Discovery — Discovery is the process by which each spouse can obtain and uncover vital, relevant information and documents from the other spouse, as well as witnesses and entities previously unknown or undisclosed by the other party.
- Depositions — Depositions involve questioning a witness under oath before a court reporter and are often used to elicit important information from a spouse or other person who possesses pertinent information.
- Interrogatories — Interrogatories are written questions posed by one spouse to the other.
