Uncontested vs Contested Divorce in Florida

Filing for divorce in Florida? The single most important factor determining your timeline, costs, and stress level is whether your divorce is uncontested (both parties agree on all issues) or contested (one or more issues are disputed). Even if you agree on most things but disagree on a single major issue like child custody, property division, or alimony, your divorce is considered contested—with dramatically different requirements, costs, and timelines. Understanding the cost differences between mediation and litigation is crucial to choosing the right path.

Understanding the differences between these two tracks helps you set realistic expectations, budget appropriately, and choose the right approach for your situation. Both types follow Florida's no-fault "dissolution of marriage" laws (the marriage is "irretrievably broken") and require the same 6-month residency and 20-day waiting period, but the path from filing to finalization differs significantly.

Quick Comparison: Uncontested vs Contested

What is an Uncontested Divorce?

An uncontested divorce means you and your spouse agree on all major issues, including:

• Division of marital property and debts
• Parenting Plan and time-sharing schedules (if applicable)
• Child support amounts and payment terms
• Alimony arrangements (bridge-the-gap, rehabilitative, or durational)

In an uncontested divorce, you file a Petition for Dissolution of Marriage (Form 12.901(b)), complete mandatory financial disclosures, and submit a Marital Settlement Agreement detailing your arrangements. For couples with no minor children, limited assets, and full agreement, Florida offers Simplified Dissolution (Form 12.901(a))—an expedited track where both parties attend a short final hearing and can finalize in as little as 30 days after the mandatory 20-day waiting period.

Most uncontested cases finalize in 30-75 days total, depending on court scheduling and paperwork completion. This is significantly faster than contested proceedings.

What is a Contested Divorce?

A contested divorce occurs when you and your spouse disagree on one or more major issues. Common disputes include:

• Parental responsibility and time-sharing arrangements
• Child support calculations when incomes are disputed
• Division of complex assets (real estate, businesses, retirement accounts)
• Alimony type, duration, and amount
• Equitable distribution when there's disagreement on valuations

Contested divorces involve significantly more court involvement. You'll likely file motions for temporary orders to establish temporary custody, support, and property control during the case. Florida strongly encourages mediation in family cases, and many circuits require mediation before trial can be set. Discovery procedures (mandatory disclosure, interrogatories, depositions) gather financial information. If settlement fails, the case proceeds to a bench trial. The process averages 8-14 months but can extend to 2+ years for complex cases.

Cost Comparison

Uncontested Divorce Costs

• Filing fee: $408-$409 (includes statutory surcharges)
• Summons issuance: $10
• Service costs: Varies by sheriff/process server
• Online divorce services: $150-$750 (DIY filing assistance)
• Attorney fees (optional): $2,500-$5,000
• Total typical range: $500-$5,000

Contested Divorce Costs

• Filing fees: $408-$409 (same as uncontested)
• Attorney retainer: $5,000-$10,000 upfront
• Attorney hourly rates: $250-$500/hour (varies by experience and region)
• Mediation: $300-$700/hour (private mediators)
• Expert witnesses: Forensic accountants ($300-$600/hour), custody evaluators ($2,500-$10,000)
• Discovery costs: Depositions, subpoenas, document review
• Total average: $14,000-$17,000 (trial on one issue) to $19,000-$23,000+ (trial on multiple issues)

Timeline Comparison

Uncontested: Florida requires a mandatory 20-day waiting period from filing before the divorce can be finalized (the shortest in the nation). Simplified dissolutions can complete in 30 days total if both parties attend the final hearing. Regular uncontested cases typically finalize in 30-75 days, depending on court scheduling and paperwork completion.

Contested: Expect 8-14 months on average if the case goes to trial. Complex custody disputes, business valuations, or significant asset divisions can extend the timeline to 18-24+ months. Court backlogs can add 12-18 months for trial scheduling alone, with legal fees accumulating throughout.

Paperwork Comparison

Uncontested Required Forms

• Petition for Dissolution 12.901(a) or (b) (choose based on situation)
• Financial Affidavit (12.902(b) Short or 12.902(c) Long Form)
• Marital Settlement Agreement (12.902(f)(1), (2), or (3))
• Certificate of Compliance with Mandatory Disclosure (12.932)
• Cover Sheet for Family Court Cases (12.928)
• If children: UCCJEA Affidavit (12.902(d)), Parenting Plan (12.995), Child Support Guidelines Worksheet (12.902(e))

Contested Additional Forms

• Summons (12.910(a)) and service documentation
• Answer/Response from other party
• Motions for temporary relief (alimony, child support, custody, exclusive use of home)
• Discovery requests (interrogatories, requests to produce, depositions)
• Mediation paperwork and settlement proposals
• Proposed Final Judgment with detailed findings

Calculate Your Estimated Divorce Costs

Use our free calculator to estimate your total divorce costs based on whether your case is uncontested or contested, including filing fees, attorney costs, and potential additional expenses.

Choosing Your Track

Important: You cannot simply "choose" contested divorce. If you and your spouse genuinely agree on all major issues, your divorce is uncontested by definition. However, if even one significant issue is disputed, your case becomes contested regardless of your preference.

Start uncontested, stay uncontested: Even if your divorce starts contested, you can convert to uncontested at any time by reaching full agreement. Many cases settle during mediation or after temporary orders provide clarity on likely outcomes. Converting to uncontested dramatically reduces costs and speeds finalization. Discover practical tips to save money on your Florida divorce regardless of which path you take.

Simplified dissolution option: For the simplest cases—no minor children (and not pregnant), no real property, both can attend a short final hearing, and both agree to waive trial and appeal rights—Florida's Simplified Dissolution is the fastest track, potentially finalizing in 30 days after the 20-day waiting period.

Florida's 2023 Alimony Reform Impact

Florida eliminated "permanent" alimony in 2023, replacing it with three time-limited types: bridge-the-gap (short transition), rehabilitative (specific plan to regain self-support), and durational (capped at 50% of short-term marriage length, 60% of moderate-term, 75% of long-term). Understanding these caps helps couples negotiate realistic settlements and avoid contested litigation over unrealistic expectations.

Frequently Asked Questions

Can I file for uncontested divorce if my spouse won't cooperate?

If your spouse refuses to participate, you can proceed with a default divorce. Your spouse has 20 days to respond after service. If they don't respond, you can seek a clerk's default and set a default final hearing. This is still considered uncontested because there are no active disputes—your proposed settlement simply becomes the decree by default.

Do both types require the same residency and waiting periods?

Yes. Both uncontested and contested divorces require: (1) at least one spouse be a Florida resident for 6 months before filing, and (2) a mandatory 20-day waiting period from filing to final judgment (the court cannot enter judgment earlier except to avoid injustice). These requirements are identical regardless of divorce type.

Can a contested divorce become uncontested later?

Absolutely. Many contested cases settle during mandatory disclosure, mediation, or after temporary orders. Once you reach full agreement, you file a Marital Settlement Agreement and Parenting Plan (if children) and proceed as uncontested. This saves significant time and money compared to going to trial.

Do I need a lawyer for an uncontested divorce in Florida?

No, but optional legal review is wise. Florida allows self-representation, and many people successfully complete uncontested divorces DIY using Florida Courts self-help resources and Supreme Court-approved forms. However, having an attorney review your settlement agreement ensures you understand equitable distribution, alimony caps, and the 2023 equal time-sharing presumption.

Make the Right Choice for Your Situation

The fundamental difference between uncontested and contested divorce comes down to agreement. If you and your spouse can work together to resolve all major issues—property division, parenting plans, support—you'll save thousands of dollars and finish in a fraction of the time compared to going to court. Even if your case starts contested, pursuing settlement through mediation or negotiation dramatically improves outcomes and reduces costs.

For detailed guidance on Florida divorce procedures, visit the Florida Courts Family Law Forms page for official forms, instructions, and DIY Florida interviews.