How to File an Uncontested Divorce in Florida?

By Matthew A. Benzion

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Divorce

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Last Modified on Oct 14, 2025

If you are wondering how to file for an uncontested divorce in Florida, there are many important factors to address. While filing for an uncontested divorce assumes less controversy than filing for a contested divorce, there may still be difficulties ahead that require the help and guidance of legal representation. One of the first crucial steps to take in the process is hiring a divorce lawyer who can walk with you throughout the entirety of the process, advocating on your behalf.

An uncontested divorce requires that both parties in a marriage agree on the terms of their divorce. This includes all matters such as child custody, alimony, child support, financial decisions, and more. In some cases where an agreement is not initially made, a third party—such as a lawyer—may be able to facilitate a discussion where you can come to an agreement. Otherwise, you will need to file for a contested divorce and appear in court.

What Is Uncontested Divorce?

Uncontested divorce is a method of divorce that allows couples to bypass the step of appearing in court if they are able to agree on all terms of their divorce. If they do not initially agree on all terms, some may be able to be negotiated with the help of a third party, such as a divorce attorney. Florida has a divorce rate of 3 per 1,000 people, meaning that it is not uncommon in this state.

The overall marriage rate in the United States is currently reported by the U.S. Census Bureau as being 16.7%. With a large number of people getting married each year, there are many divorces happening, as well. The type of divorce that is right for each couple will depend largely upon their ability to come to an agreement regarding the terms of their separation.

Filing for Uncontested Divorce

The County of Palm Beach has a typical divorce rate in Florida, recorded at 17.2 percent of the population being divorced who are aged 45-54 years. When it comes to filing for divorce, the process can be relatively simple. To file for an uncontested divorce specifically, you must file a Petition for Dissolution of Marriage with the local court.

In addition to filing this petition, it can be helpful to read the other informational pamphlets and documents provided by the court. They contain information regarding the upcoming process you and your spouse will be walking through.

Why Choose Us?

Filing for an uncontested divorce can be difficult for many reasons, all of which can be helped with the assistance of a divorce attorney. At Benzion Law, we are passionate about helping families and individuals face their difficulties with surety and confidence. We advocate for our clients both inside and outside of the courtroom and handle all family matters.

Attorney Matthew A. Benzion, the managing partner of Benzion Law, held a position as a senior associate with two different family and matrimonial law firms in Florida prior to starting his own family law firm. With such an array of experience, he is ready and equipped to handle any difficulties you may be facing.

FAQs

How Long Does an Uncontested Divorce Take in Florida?

The length of time an uncontested divorce case may take in Florida will depend on a variety of factors, including the negotiation process between you and your spouse, how many assets and financial matters there are to decide upon, whether or not children are involved in the process, and more. Each couple will have a unique experience when it comes to the outworkings of their divorce case. Typically, an uncontested divorce is a shorter process than a contested divorce.

What Is the Cost of an Uncontested Divorce in Florida?

The cost of an uncontested divorce in Florida will oftentimes be less than the cost of a contested divorce, though there will still be expenses involved. The expenses you can expect may include lawyer costs and fees, any costs for additional third-party help, such as financial advisors, the costs of filing paperwork, and others. Prior to beginning the process, a divorce lawyer can assess your case and inform you of some related costs you can expect.

Do You Have to Appear in Court for an Uncontested Divorce in Florida?

If you and your spouse are filing for an uncontested divorce in Florida, you will not need to appear in court. Filing for an uncontested divorce is a way for couples who agree on the terms of their divorce to avoid the time and money that a court appearance would cost them. However, it is important to note that in order to complete the uncontested divorce process, you and your spouse must be able to come to an agreement on all terms.

What Is the First Step in Filing for Divorce in Florida?

The initial step to take in filing for divorce in Florida is to file the appropriate paperwork. Prior to doing so, it may be helpful to consult the advice of a divorce lawyer, who can inform you of the different types of divorces and the benefits and downsides of each. However, the process begins when you file a Petition for Dissolution of Marriage at the circuit court, which is located at 205 N. Dixie Highway, West Palm Beach, FL 33401.

Hire a Divorce Lawyer: Benzion Law

If you are facing divorce, it is crucial to hire a divorce lawyer as early in the process as possible. Even if you and your spouse agree on the terms of your divorce and plan to dissolve your marriage peaceably, it is still important to have a legal advocate who can advise you regarding such important decisions about your future. It is also vital to have someone on your side who can support you during this emotionally difficult time.

At Benzion Law, we understand the complexities that come with divorce. Even if you are filing for an uncontested divorce, there are countless ways in which a divorce lawyer can help. This is not a road you should walk alone, which is why Benzion Law is available to guide and direct in whatever ways are helpful for you. Contact us today to learn more about who we are and how we may be able to help. We are also here to answer any questions you may have.