Florida Uncontested Divorce Attorney
Fast, Affordable Divorce When You Both Agree – Serving All of Florida
When you and your spouse agree on all terms of your divorce, you might be tempted to handle it yourself. However, even uncontested divorces involve complex legal documents, strict court requirements, and long-term consequences that require professional guidance. In Florida, you must navigate equitable distribution laws, mandatory financial disclosures, and specific residency requirements. Whether you’re filing a Petition for Dissolution of Marriage in Jacksonville, Miami, Tampa, or anywhere in Florida, the legal terminology and procedural requirements demand precision. Attorney Vince Sowerby ensures your uncontested divorce is handled correctly the first time, protecting your rights under Florida family law while avoiding costly mistakes that could affect you for years to come.
Why You Need an Attorney for Your Uncontested Divorce
Many couples believe that an uncontested divorce doesn’t require legal assistance. This misconception can lead to serious problems down the road. Here’s why attorney representation is essential:
Protect Your Legal Rights
Even when you and your spouse agree, you may not fully understand your legal rights regarding property division, retirement accounts, tax implications, or future support obligations. An experienced attorney ensures you’re not unknowingly waiving important rights or agreeing to terms that disadvantage you.
Avoid Costly Mistakes in Divorce Paperwork
Divorce documentation is complex and varies significantly between Florida and Georgia. Simple errors, omissions, or improper legal language can:
- Delay your divorce by months
- Result in rejected court filings
- Create enforcement problems later
- Require expensive legal corrections
- Invalidate important provisions
An attorney gets your paperwork right the first time, avoiding these costly pitfalls.
Ensure Fair Property Division
What appears fair on the surface may not be equitable under state law. An attorney reviews your settlement to verify that asset division, debt allocation, and support arrangements comply with legal guidelines and truly serve your interests.
Navigate Complex Financial Assets
Real estate, retirement accounts, businesses, investments, and significant debts require specific legal procedures and language to divide properly. An attorney ensures these assets are handled correctly to avoid tax consequences, penalty fees, future ownership disputes, improper valuation, and inadequate protection of your share.
Protect Your Children’s Interests
Child custody arrangements, visitation schedules, and support calculations must comply with state laws and prioritize your children’s wellbeing. An attorney helps create enforceable agreements that serve your family’s needs while meeting legal requirements.
What Is an Uncontested Divorce in Florida?
An uncontested divorce in Florida occurs when both spouses mutually agree on all major aspects of ending their marriage. This includes agreement on:
Property Division
Equitable distribution of all marital assets including real estate, vehicles, bank accounts, investments, and personal property.
Child-Related Issues
If applicable: parenting plan, time-sharing schedule, parental responsibility, child support, and healthcare coverage.
Alimony/Spousal Support
Whether alimony will be paid, the amount, duration, and type of spousal support arrangement.
Debt Allocation
Fair division of marital debts including mortgages, credit cards, loans, and other financial obligations.
Because there are no disputes requiring court intervention, uncontested divorces typically proceed more quickly and at a lower cost than contested divorces. However, legal representation remains crucial to ensure all agreements comply with Florida law and protect your long-term interests. You may be entitled to a “simplified” divorce if there are no minor children born of the marriage and neither party seeks alimony.
Florida Uncontested Divorce Requirements
Florida Residency Requirement
At least one spouse must have been a Florida resident for a minimum of six months before filing for divorce. You’ll need to provide proof such as a Florida driver’s license, voter registration card, or an affidavit from a third party confirming your residency.
Required Documents for Florida Divorce
- Petition for Dissolution of Marriage – The document that initiates your divorce
- Marital Settlement Agreement – Details all agreements on property, debts, and support
- Financial Affidavits – Mandatory disclosure of income, assets, and expenses
- Parenting Plan – Required if you have minor children
- Child Support Guidelines Worksheet – Calculation of child support obligations
- Final Judgment of Dissolution – The court order granting your divorce
- Notice of Social Security Number – Required for all parties
- Certificate of Compliance – For filing with mandatory disclosure
How Long Does an Uncontested Divorce Take in Florida?
Florida has no mandatory waiting period for uncontested divorces once residency requirements are met. The timeline depends on several factors:
| Stage | Timeline | Notes |
|---|---|---|
| Document Preparation | 1-2 weeks | Attorney prepares all required forms and agreements |
| Filing with Court | 1-2 days | Petition filed with clerk of court, filing fees paid |
| Service of Process | 1-2 weeks | If needed; waived if filing jointly |
| Court Processing | 2-4 weeks | Court reviews documents, schedules hearing if needed |
| Final Judgment | 1-2 weeks | After approval, final judgment is entered |
Total Timeline: Most Florida uncontested divorces are finalized within 4-8 weeks from the date of filing, depending on court schedules and whether all documents are properly prepared.
The Florida Uncontested Divorce Process
Free Initial Consultation
We discuss your situation, confirm both parties are in agreement, review Florida’s requirements, and explain the entire process. You’ll understand exactly what to expect, with no cost and no obligation.
Agreement Review & Document Preparation
We review your proposed settlement terms, ensure compliance with Florida’s equitable distribution laws, and prepare all required court documents including the Petition, Marital Settlement Agreement, Financial Affidavits, and Parenting Plan (if children are involved).
Filing with Florida Court
We file your divorce petition with the appropriate Florida circuit court, pay all required filing fees, and handle all procedural requirements. If needed, we arrange for proper service of process on your spouse.
Mandatory Financial Disclosure
Florida requires complete financial disclosure from both parties. We ensure all mandatory disclosure requirements are met, including exchange of financial affidavits and supporting documentation.
Court Review & Approval
The court reviews your documents for compliance with Florida law. In many cases, no court appearance is required. If a hearing is scheduled, we guide you through the brief process.
Final Judgment & Finalization
Once approved, the court enters the Final Judgment of Dissolution of Marriage. We ensure you receive certified copies and that all post-judgment matters are properly handled, including any necessary transfers or recordings.
Florida-Specific Divorce Considerations
Equitable Distribution in Florida
Florida is an “equitable distribution” state. The court begins with the presumption that all marital assets and liabilities will be divided equally (50/50). Unlike Georgia, Florida has a strict cut off date for determining when an asset is martial or non-marital property, namely the date of filing of the petition. If the asset was acquired after filing, it is non martial. However, the court may deviate from equal distribution if certain factors warrant an unequal split, such as:
- Length of the marriage
- Each spouse’s economic circumstances
- Contributions to the marriage (including homemaking)
- Interruption of careers or education
- Desirability of retaining certain assets
- Intentional waste or depletion of assets
Retirement Account Division
Florida law requires proper division of retirement accounts, pensions, 401(k)s, and other benefits. This often requires a Qualified Domestic Relations Order (QDRO) to avoid tax penalties and ensure proper transfer.
Florida Parenting Plans
If you have minor children, Florida requires a detailed Parenting Plan that addresses:
- Time-sharing schedule (including holidays and school breaks)
- Parental responsibility (decision-making authority)
- Communication between parents and children
- Healthcare decisions and insurance
- School and extracurricular activities
- Transportation arrangements
Child Support in Florida
Florida uses statutory guidelines to calculate child support based on both parents’ incomes, number of children, healthcare costs, and daycare expenses. The calculation must be documented using the state’s official worksheet.
Uncontested vs. Contested Divorce in Florida
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement | Both spouses agree on all terms | Disputes on one or more issues |
| Timeline | 4-8 weeks typically | 6-18+ months |
| Cost | $1,200 - $3,000 | $15,000 - $50,000+ |
| Court Appearances | Often none or one brief hearing | Multiple hearings and trial |
| Stress Level | Lower - cooperative process | Higher - adversarial litigation |
| Control | You decide the terms | Judge decides disputed issues |
| Privacy | More private | Public court proceedings |
Serving All of Florida
Attorney Vince Sowerby is licensed to practice throughout the entire state of Florida and provides uncontested divorce services to clients in all Florida counties, including:
South Florida
Miami-Dade, Broward, Palm Beach, Monroe (Keys), Collier (Naples), Lee (Fort Myers)
North Florida
Duval (Jacksonville), St. Johns, Clay, Alachua (Gainesville), Leon (Tallahassee)
Central Florida
Orange (Orlando), Osceola, Seminole, Lake, Polk, Hillsborough (Tampa), Pinellas (St. Petersburg)
All Other Counties
We serve clients in all 67 Florida counties. No matter where you live in Florida, we can handle your uncontested divorce.
Frequently Asked Questions About Uncontested Divorce
Can I get an uncontested divorce if we have children?
Yes. As long as you and your spouse agree on custody, parenting time, and child support, you can proceed with an uncontested divorce. In fact, most divorces involving children are ultimately resolved through agreement rather than trial.
Do I need to go to court?
A court appearance is required for all divorces in Florida. However, many Florida courts now offer virtual hearings via Zoom or other video conferencing platforms, allowing you to appear remotely without visiting the courthouse in person. For uncontested divorces with properly executed documents, these hearings are typically brief and straightforward. Vince will advise you based on your specific county’s requirements and available remote hearing options.
How much does an uncontested divorce cost?
Attorney fees for uncontested divorces typically range from $2,500 to $7,500, depending on case complexity, plus court filing fees (approximately $300-$400). This is significantly less expensive than contested divorces, which often cost $15,000 or more.
What if we disagree later?
Properly drafted settlement agreements include modification provisions and enforcement mechanisms. If circumstances substantially change, you may petition the court for modifications to custody or support. Your attorney will ensure your agreement is both comprehensive and legally enforceable.
How is property divided in an uncontested divorce?
In Florida, property is divided according to “equitable distribution” principles, while Georgia follows equitable division as well. Even though you’re agreeing on terms, an attorney ensures the division complies with state law and fairly accounts for all marital assets and debts.
Can we use the same attorney?
No. Attorneys can only represent one party to avoid conflicts of interest. However, one spouse’s attorney can prepare the documents while the other spouse reviews them independently or consults their own counsel.
Get Started With Your Uncontested Divorce Today
Don’t risk your financial future and legal rights by attempting to handle your divorce without proper legal guidance. Even when you and your spouse agree on terms, professional representation ensures your interests are protected, all documents are properly prepared, and your divorce proceeds smoothly to completion.
Attorney Vince Sowerby provides experienced, compassionate legal representation for uncontested divorces throughout Florida and Georgia. We make the process as efficient and stress-free as possible while ensuring all legal requirements are met and your rights are fully protected.