Uncontested vs. Contested Divorce in Florida

Short answer: An uncontested divorce is one where spouses agree on every issue, including property, support and the parenting plan, so it can be finalized quickly. A contested divorce has at least one disputed issue, which means disclosure, mediation and possibly a trial. Many cases start contested and become uncontested once the issues are negotiated.

The word "uncontested" gets used loosely. In Florida it means the spouses agree on everything the court has to decide, not just that both want the divorce. The difference matters, because it drives how long the case takes and what it costs.

The two paths side by side

Simplified dissolution

Florida also offers a "simplified dissolution of marriage" for couples with no minor or dependent children, no pregnancy, and full agreement on how to divide property and debt. Both spouses must sign the paperwork and attend the final hearing, and neither may seek alimony. It is fast, but it is also limited: you give up some formal disclosure protections, so it works best when both spouses understand the finances fully.

Agreement still needs a careful document

Even in an uncontested case, the marital settlement agreement is a binding contract that becomes a court order. Vague language about a retirement account, the house or holiday time-sharing can cause problems years later. Have the agreement reviewed by your own attorney before you sign, even if your spouse's lawyer drafted it.

How contested cases become uncontested

Most contested cases never reach trial. Once financial disclosure is complete, both sides can see the real numbers, and mediation gives them a structured way to close the gaps. A case that starts with heated disagreement can end with a signed agreement after one mediation session. See mediation versus litigation for a fuller comparison.

Which path fits you?

• If you and your spouse already agree on the major issues, an uncontested approach can save significant time and money.
• If there is a hidden-asset concern, a large disparity in financial knowledge or a safety issue, a contested filing with full disclosure protects you.
• If you agree on some issues and not others, you can settle what you can and let mediation or the court address the rest.

When to talk to a lawyer

Before you sign an agreement, and before you choose a path. Heather Harris Law handles both uncontested and contested divorces in Brevard County and can tell you whether your situation fits the faster route.

Frequently asked questions

How fast can an uncontested divorce be finalized in Florida?

Florida law requires at least 20 days between filing and the final judgment. With a signed agreement and a prompt hearing date, many uncontested cases finish within a few weeks to a few months.

Can we use simplified dissolution if we have children?

No. Simplified dissolution is only available when there are no minor or dependent children and the wife is not pregnant. Couples with children use the regular process, even when they agree.

What if we agree on almost everything?

You can still save time. Settle the agreed issues in writing and focus mediation or court time on what remains disputed.

Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.