Every divorce raises the same basic question: how much do the two spouses agree on? Some couples have already talked through who keeps the house, how the children will split their time, and whether anyone will pay support. Other couples are far apart on one issue, or on several. The answer to that question affects almost everything that follows, including the paperwork, the timeline, and how much time is spent in a courtroom.
That is why it helps to understand the difference between an uncontested vs. contested divorce before a case begins. Both paths end in the same place, a final judgment of dissolution of marriage. The road to get there, however, can look very different. Below, we walk through how each type of divorce works in Florida, what issues tend to cause disagreements, and what couples often think about when weighing their options.
What Is an Uncontested Divorce in Florida?
A divorce is uncontested when both spouses agree on every issue the court needs to resolve. In Florida, those issues usually include how to divide marital assets and debts, whether either spouse will receive spousal support, and, if there are children, a parenting plan and child support.
When spouses agree on all of it, they put the terms in writing in a document called a marital settlement agreement. The judge reviews that agreement and, if everything is in order, makes it part of the final judgment.
It is worth clearing up a common misunderstanding. An uncontested divorce does not mean the spouses get along well. Two people can feel hurt, frustrated, or disappointed and still agree on how to separate their finances and parenting time. Some couples work out the details on their own. Others get there with help from their attorneys or a neutral mediator.
Uncontested Divorce Florida Options: Simplified and Regular Dissolution
Florida has two main ways to handle a case where the spouses agree.
The first is called a simplified dissolution of marriage. It is a shorter, more streamlined process, but only certain couples can use it. Under the Florida Family Law Rules of Procedure, it is generally available only when, among other conditions:
• The spouses have no minor or dependent children together, and the wife is not pregnant.
• Both spouses agree on how to divide their property and debts, and neither one is asking for alimony.
Couples who use this process must also meet Florida's residency requirement, agree that the marriage is irretrievably broken, sign the petition together, and go to the final hearing together. They also give up some important rights, including the right to a trial and the right to appeal.
The second option is a regular dissolution of marriage that proceeds by agreement. This is the path many couples take when they have children, retirement accounts, real estate, or a business. Even when both spouses agree on everything, this route leaves room for a more detailed agreement, such as a full parenting plan and a child support calculation. For many families in Palm Beach County, an uncontested divorce Florida courts approve through this regular process offers more flexibility than the simplified version.
What Is a Contested Divorce?
A divorce is contested when the spouses disagree on at least one issue the court has to decide. The disagreement does not have to be dramatic. A couple might agree on nearly everything except what the house is worth or how to split the holidays. Until that one issue is settled, the case is still considered contested.
In a contested case, each spouse shares their position, exchanges financial information, and works toward a resolution. That can happen through negotiation, through mediation, or, if nothing else works, through a trial where a judge makes the final decision.
Common Issues That Lead to a Contested Case
Most disagreements in Florida divorces fall into a handful of categories.
Dividing property and debt. Florida uses a system called equitable distribution of marital property. The court divides marital assets and debts fairly, starting with the idea that an equal split is appropriate unless there is a good reason for something different. Spouses often disagree about whether something belongs to the marriage or to just one person, what an asset is worth, or how to handle a retirement account or business. When a spouse owns a company, things can get more complicated, as explained in this look at divorce considerations for business owners.
Spousal support. Spouses may disagree about whether alimony should be paid at all, what kind it should be, and how long it should last. Courts look at factors like how long the marriage lasted, the lifestyle the couple shared, and each spouse's financial situation. This overview of how Florida alimony laws work explains what courts consider.
Parenting plans and timesharing. When there are minor children, Florida requires a parenting plan that covers how the parents will share time and make decisions. Parents may not see eye to eye on schedules, schools, a possible move, or how they will share parental responsibility for major decisions.
Child support. Florida uses a formula to set child support. It looks at both parents' incomes, how many overnights the children spend with each parent, and costs like health insurance and childcare. Disagreements often come down to income, especially when a parent is self-employed or earns bonuses or commissions. These Florida child support guidelines show how the numbers are calculated.
Financial honesty. If one spouse believes the other is not being open about income or assets, the case often becomes contested while that question is looked into. Florida courts take this seriously, and there can be real consequences for hiding assets in a divorce.
Uncontested vs. Contested Divorce: Key Differences
Both types of cases follow the same Florida law. What changes is the experience of going through the process. Here are the biggest differences.
How Much the Spouses Agree
This is the core difference. In an uncontested case, the spouses have settled every issue before they ask the court to finalize the divorce. In a contested case, at least one issue is still open, and the court process is used to resolve it.
How Involved the Court Is
Uncontested cases usually need very little court time. Once the paperwork is filed and reviewed, the judge typically holds a short final hearing to confirm the agreement and sign the final judgment. In some situations, the court may finalize the case with very little in-person appearance at all.
Contested cases involve much more. There may be hearings on temporary support or a temporary timesharing schedule while the case is pending. There may also be case management conferences, motions about exchanging information, and, if the case does not settle, a trial.
Sharing Financial Information
In most Florida divorces, both spouses must share financial information, including a sworn financial affidavit that lists income, expenses, assets, and debts. In an uncontested case, this step is usually simple because both spouses already understand their finances.
In a contested case, this step can grow quite a bit. Attorneys may use formal tools such as written questions, requests for documents, subpoenas, and depositions to get the full picture. This guide to financial discovery in a divorce explains how that process usually works.
How Long It Takes
Time is often the difference people notice most. Under Section 61.19, Florida Statutes, a judge generally cannot enter a final judgment until at least 20 days after the petition is filed, unless waiting would cause an injustice. When an uncontested case is fully prepared, it may be finalized fairly soon after that waiting period, depending on the court's schedule.
Contested cases take longer because every disputed issue has to go through disclosure, negotiation, mediation, and sometimes trial. Depending on how complex the issues are and how busy the court is, a contested case can take many months or more. This article on how long a divorce takes in Florida covers the factors that affect timing.
Cost and Predictability
Uncontested cases usually cost less because they involve fewer hearings, less information gathering, and less attorney time. They are also more predictable. Both spouses know exactly what the final judgment will say before the judge signs it.
Contested cases come with more uncertainty. When a judge decides an issue at trial, neither spouse controls the outcome. Costs also tend to go up as the case needs more preparation, outside professionals such as forensic accountants or business appraisers, and more time in court.
Privacy
In Florida, divorce filings are generally part of the public court record, although some information, such as Social Security numbers and certain financial details, is kept confidential. Uncontested cases usually involve fewer filings and less testimony in open court. Contested cases, especially ones that go to trial, can put more personal and financial details into the record.
Control Over the Result
When spouses reach their own agreement, they can shape the terms around their real lives. For example, a parenting schedule might be built around one parent's travel for work, or property might be divided in a way that makes sense for tax purposes. When a case goes to trial, the judge applies Florida law to the evidence, and the final order may not match what either spouse wanted.
Florida Requirements That Apply to Every Divorce
Whether a case is uncontested or contested, certain rules apply to every Florida divorce.
Residency. Under Section 61.021, Florida Statutes, at least one spouse must have lived in Florida for six months before the petition is filed.
Grounds. Florida is a no-fault divorce state. Under Section 61.052, Florida Statutes, a court may grant a divorce when the marriage is irretrievably broken. In rare cases, a divorce may also be granted when one spouse has been legally found to be mentally incapacitated for at least three years. Neither spouse has to prove the other did something wrong.
Financial disclosure. Both spouses are generally required to complete financial affidavits and share certain financial documents. Some of these requirements can be waived in limited situations.
Parenting requirements. When there are minor children, the parents must file a parenting plan and a child support guidelines worksheet. Florida also generally requires parents to complete a parent education course before the divorce is final.
How a Contested Divorce Usually Moves Through the Court
Every contested case is a little different, and procedures can vary from one court to another. Still, most cases follow a similar pattern.
It starts when one spouse files a petition for dissolution of marriage and has it formally delivered, or served, to the other spouse. The other spouse then has a set amount of time to file an answer. They may also file a counterpetition with their own requests. Some people wonder whether filing first makes a difference, a question covered in this article on whether it is better to file for divorce first.
Next, both spouses exchange the required financial information. If something needs to be addressed right away, either spouse can ask the court for temporary orders. These might cover support, who stays in the marital home, or a timesharing schedule while the case is ongoing.
After that comes discovery, when each side gathers the information it needs. Florida family courts commonly require spouses to try mediation before a contested case can go to trial. In mediation, a neutral mediator helps the spouses work toward an agreement, but the mediator does not make any decisions. This comparison of divorce mediation and litigation explains how the two approaches differ.
If mediation settles everything, the spouses sign an agreement and the case wraps up much like an uncontested divorce. If some issues are still unresolved, the case goes to trial. Each side presents evidence, and the judge makes a final ruling. For a step-by-step look at the full process, see this overview of the steps in the Florida divorce process.
Can a Contested Divorce Become Uncontested?
Yes, and it happens often. A case that starts out contested can become uncontested whenever the spouses reach a full agreement. Many contested cases settle before trial. Once all the financial information is on the table and both spouses can see the full picture, issues that once felt impossible to resolve often become easier to work through. Mediation is frequently where these agreements come together.
Even a partial agreement can help. If the spouses settle most issues and leave only one or two for the judge, the trial is shorter and more focused, which can save both time and expense.
Can an Uncontested Divorce Become Contested?
It can. A couple may start with what seems like a clear agreement, then learn during financial disclosure that an asset was missed or is worth more or less than they thought. A spouse may also change their mind about a term after learning more about how Florida law handles that issue. When that happens, the case becomes contested until the new disagreement is resolved.
This is one reason the details matter. A marital settlement agreement that is clear and complete is less likely to cause problems, both before and after the final judgment.
Factors Couples Often Consider When Weighing Their Options
Every family is different, but a few factors tend to shape whether a case is resolved by agreement or needs the court to step in.
How complex the finances are. Couples with significant assets, several properties, investment accounts, deferred compensation, or business interests often need more time and careful analysis before they can reach an agreement, even when both spouses want to cooperate.
Whether there is an existing agreement. A valid prenuptial or postnuptial agreement may already settle questions about property or spousal support. That can narrow the issues in dispute. The firm's prenuptial agreement services page explains how these agreements work under Florida law.
Children and day-to-day routines. Parents who already share a routine that works may find it easier to put a child timesharing arrangement into a parenting plan. When parents disagree about schedules or decisions, the court looks at what is in the best interests of the children.
Balance between the spouses. An uncontested process works best when both spouses have the same information and can negotiate as equals. When there is a history of domestic violence, intimidation, or one spouse controlling the finances, a more structured process with court oversight may be the better fit.
Support needs. When one spouse relies on the other's income, questions about alimony and spousal support usually call for a careful look at both spouses' finances before an agreement can come together.
Why Legal Guidance Still Matters When Spouses Agree
Some people assume they only need an attorney if their divorce is contested. But an agreement that looks fair on paper can have effects that are hard to see at first. How a retirement account is divided, how the house is refinanced or sold, how taxes are handled, and whether a parenting plan will still work as the children get older are all questions that benefit from a careful review.
It is also important to know that a final judgment can be hard to change later. Some terms, like child support and certain types of alimony, may be modified if circumstances change in a significant way. Property division, however, is generally final. For that reason, many spouses choose to have an attorney prepare or review their agreement, even when the case is otherwise uncontested.
Frequently Asked Questions
Does my spouse have to agree to the divorce in Florida?
No. Florida does not require both spouses to agree to the divorce itself. If one spouse says the marriage is not irretrievably broken, or if there are minor children, the court may order counseling or pause the case for up to three months to allow time for reconciliation. If the court then finds that the marriage is irretrievably broken, it will grant the divorce.
What happens if my spouse does not respond to the petition?
If a spouse is properly served and does not respond within the time allowed, the filing spouse can ask the court for a default. The case can then move ahead without the other spouse taking part, although the judge still reviews the requested terms before signing a final judgment.
Does Florida require a separation period before divorce?
No. Florida does not require spouses to live apart for any set amount of time before filing. The main time rules are the six-month residency requirement and the 20-day waiting period between filing and the final judgment.
Can couples with children use simplified dissolution?
No. Simplified dissolution is not available to couples who have minor or dependent children together. Parents who agree on everything usually go through a regular dissolution of marriage with a marital settlement agreement and a parenting plan.
Is mediation required in an uncontested divorce?
Mediation is mainly used to settle disagreements. When the spouses have already reached a full agreement, mediation is usually not needed. In contested cases, Florida family courts commonly require mediation before trial.
Understanding Your Options Under Florida Law
At its heart, the difference between an uncontested vs. contested divorce comes down to agreement. That agreement affects how long the case takes, what it costs, how much the court is involved, and how much say each spouse has in the outcome. Some couples settle everything early. Others need disclosure, negotiation, mediation, or a trial to reach a final judgment. Many land somewhere in the middle, starting with disagreements and reaching a settlement along the way.
Knowing how each path works can help you approach the process with realistic expectations and a clearer sense of the decisions ahead. If you are considering a divorce in Palm Beach County and want to understand how Florida law may apply to your situation, Board Certified family law attorney Cindy A. Crawford offers personalized guidance at every stage of the dissolution of marriage process in Palm Beach Gardens. To talk through your situation in a confidential consultation, contact the Law Office of Cindy A. Crawford.