What is a Florida Uncontested Agreed Divorce?

Is Your Florida Divorce Uncontested?

Uncontested divorce means that you and your spouse have reached an agreement on all issues of your divorce, and you may be eligible for an attorney Flat Fee for Uncontested Divorce.  This means that the cost of your divorce will be a fixed amount.

Reaching an agreement and good communication can make the process of a divorce less painful and less costly.  Divorce proceedings, even uncontested divorce, can become complicated.

Uncontested divorce attorney Christophe Fiori represents men and women going through a divorce and who have amicably resolved all the issues of their divorce on a flat fee for legal services. Generally this type of divorce is known as an uncontested divorce. One of the benefits of an uncontested divorce is that legal fees are generally low, and often times a flat fee for legal services.

Contact our office toll free at (888) 384-2872 to discuss your specific case in a confidential setting. Request a Free Consultation Now  or Start now by completing Agreed Divorce Questionnaire

How Do I Know If My Divorce is Uncontested?

You and Your Spouse Agree on All Issues of Your Divorce

Your divorce proceeding is uncontested if you and your spouse agree on all aspects of your divorce. This means that your spouse answers stating that he or she does not contest any allegations in the divorce petition.  Or if after petition and answer, you and your spouse come to an amicable resolution to all issues.

Once you and your spouse reach an agreement on all issues of your divorce, it will be necessary to prepare a written Settlement Agreement, which is signed by both parties, and which defines the terms of the agreement.  This agreement is then submitted to the court for approval at a final hearing. 

Only the petitioner needs to be present at the final hearing, at which time the court will generally enter a final judgment approving the agreement and dissolving the marriage.

What Are the Benefits of an Uncontested Agreed Divorce?

Uncontested Agreed Divorce is Less Costly

Of all types of divorce, uncontested divorce is also the least costly. To move forward with an uncontested divorce, both you and your spouse must work everything out beforehand and have reached an agreement on settlement terms. This includes all aspects of your divorce (child custody, child support, alimony, and property division).

Once you have come to an agreement on all issues, I can assist you with preparation of all uncontested divorce court filings, and I can attend the uncontested divorce final hearing with you. While you will work out most of the divorce arrangements before coming to our offices, I will ensure that your paperwork is completed and filed correctly, and he will be available for legal advice or to answer any questions you may have.

Florida family law makes it possible to obtain a final judgment of divorce in about 30 days of serving your spouse.  Obtaining a final judgment of divorce in about 30 days depends on several factors which you should discuss with your family attorney.

What Do My Spouse and I need to Agree on for Agreed Divorce?

What do my spouse and I need to agree on?

Marital Assets and Liabilities

You and your spouse agree on terms and conditions for the distribution of assets and liabilities. (includes but not limited to: marital home, auto loans, credit card bills, utilities bills, retirements, business).

Alimony You and your spouse agree on whether whether a spouse will receive alimony, how much and for how long.

Minor Children In divorce involving minor children, family courts are required to establish a time-sharing schedule and parental responsibility before entering a final judgment.  Your divorce proceeding is uncontested if you and your spouse agree on a specific visitation schedule, including You and your spouse should discuss all aspects of child rearing and A time-sharing schedule and parental responsibility. 

What is Required to Get a Florida Divorce?

Getting a Florida Divorce

Generally, evidence that the marriage is 'irretrievably broken', and that one or both of you has been a resident of Florida prior to the filing of a divorce.

  1. One or both of you are Florida residents. more on Florida Residency
  2. Testimony by one of the parties to a divorce that the marriage is 'irretrievably  broken'.


In most cases, the filing party will testify that the marriage is broken and cannot be put back together.  proof of Florida residency can usually be proven by producing a Florida Driver License. Florida family law does not require a proof of fault to obtain a divorce. 

Because Florida is a no-fault state, it is not necessary for you to prove that your spouse did anything wrong in order for you to obtain a divorce or dissolution of marriage.  In fact, courts are authorized to grant a divorce even if the other spouse does not want or does not consent to the divorce.  A divorce will be granted with proof of residency and testimony that the marriage is broken.  

The party filing for divorce must attend a short final hearing in court.

Florida Residency Requirement for Divorce

Residency Requirements Florida Statutes 61.021

Florida Statutes 61.021 requires that at least one of the parties to a marriage reside in Florida six months prior to the filing of a petition for dissolution of marriage before a court can enter a final judgment of divorce.

Residence means "an actual presence in Florida coupled with an intention at that time to make Florida the residence."