A “simple divorce” in Florida usually means an uncontested divorce where both spouses agree on everything: division of assets, division of debts, parenting time, and support. It’s typically resolved through mediation in 30 to 60 days. Florida also has a separate “simplified dissolution of marriage” procedure with narrow statutory eligibility, which is a different process from the colloquial “simple divorce” most people mean when they search for the term.
What does “simple divorce” mean in everyday language?
When most people ask about a “simple divorce” in Florida, they mean a divorce where both spouses agree on the major issues before walking into the courthouse. There is no fight over who keeps the house. There is no fight over time-sharing with the children. There is no fight over alimony or property division. The two spouses know what they want the outcome to be; they just need to formalize it.
In Florida law, that’s called an uncontested dissolution of marriage. It is by far the most common path through divorce. The Florida court system held more than 60,000 mediation sessions in fiscal year 2023–2024, including roughly 17,954 family mediations, according to the Florida Office of the State Courts Administrator. Most of those sessions are uncontested or near-uncontested cases that resolve quickly.
The opposite of a “simple divorce” is a contested divorce: lawyers, discovery, motions, and possibly a trial. Contested divorces take 12 to 18 months for routine cases and 2 to 3 years for complex ones. Uncontested divorces typically resolve in 30 to 60 days.
What is Florida’s “simplified dissolution” procedure, and is it different?
Yes. Florida’s “simplified dissolution of marriage” is a specific statutory procedure with narrow eligibility requirements. It is different from the everyday meaning of “simple divorce.”
To qualify for simplified dissolution under Florida law, all of the following must be true:
- The marriage is irretrievably broken (the no-fault ground under Florida Statute § 61.052).
- The parties have no minor or dependent children together (including biologically, adopted, or by pregnancy).
- Neither spouse is pregnant.
- The parties have agreed on the division of all property and debts.
- Neither spouse is seeking alimony.
- Both spouses are willing to give up the right to a trial and to appeal.
- Both spouses are willing to appear together at a brief final hearing.
If any one of those conditions fails, the couple cannot use the simplified dissolution procedure and must proceed under the regular dissolution rules. Florida’s simplified dissolution procedure has narrow eligibility requirements; most Florida divorces, even uncontested ones, do not qualify because at least one of those conditions does not hold.
When the simplified procedure does apply, it is fast and inexpensive. The couple files a joint petition. The court holds a brief uncontested final hearing. Final judgment is often entered within 21 to 30 days of filing.
Does mediation produce a “simple divorce”?
Mediation is the path that most often produces an uncontested (“simple”) Florida divorce, including for couples who don’t qualify for the simplified dissolution procedure. The mediation process is structured exactly for this purpose: bring both spouses to the table, work through every issue, draft a complete Marital Settlement Agreement, and file an uncontested petition.
At ADR Mediation Center, mediation starts at $2,600 and typically resolves in a single 2-to-4-hour session. Most clients reach a final court judgment within 30 to 60 days of the first call. The American Bar Association’s Family Law Section titled its Fall 2023 Family Advocate feature “Mediation as the Default Approach for Family Dispute Resolution”. That title reflects the institutional consensus that mediation is the right starting point for most divorcing couples.
What does a “simple” Florida divorce typically include?
The Marital Settlement Agreement covers, at minimum:
- Division of marital assets under Florida Statute § 61.075. Marital property is divided equitably (which typically means equally absent reasons to deviate). Separate property remains with the spouse who brought it into the marriage.
- Division of marital debts. Florida treats marital debt the same way as marital assets. It’s divided equitably, with each spouse taking responsibility for the debts assigned to them.
- Alimony, if applicable. Florida law recognizes several forms of alimony. Many uncontested cases conclude without alimony; others include time-limited bridge-the-gap or rehabilitative alimony to ease one spouse’s transition.
- A parenting plan under Florida Statute § 61.13, if minor children are involved. The parenting plan governs time-sharing, decision-making authority, and communication between the parents.
- A child support guidelines worksheet under Florida Statute § 61.30, if minor children are involved. Florida child support is formula-based; the worksheet produces the presumptive support amount based on both parents’ incomes and the time-sharing schedule.
When all of these are agreed and properly drafted, the divorce qualifies as uncontested. The court reviews the agreement, confirms the parenting course required under § 61.21 was completed by both parents if minor children are involved, and enters the final judgment.
When is a Florida divorce NOT actually “simple”?
A divorce that looks simple at the kitchen table can become complicated when the drafting begins. The most common surprises:
- A retirement account that needs a QDRO. Dividing a 401(k) or a defined-benefit pension requires a separate court order called a Qualified Domestic Relations Order. QDROs are technical and need careful drafting.
- A business owned by one or both spouses. Even small businesses (LLCs, sole proprietorships, professional practices) require valuation before they can be divided. The valuation process can extend the timeline by weeks.
- A primary residence with significant equity. Selling versus refinancing versus deeded transfers all have different tax and lending consequences. Getting this right matters years later.
- Out-of-state real estate. Florida courts can order division of out-of-state assets, but enforcement sometimes requires ancillary proceedings in the other state.
- Significant separate-property claims. Property brought into the marriage, or inherited during the marriage, is non-marital and stays with the receiving spouse, provided it hasn’t been commingled with marital funds. Untangling commingling can be technical.
A skilled mediator helps both spouses identify these issues early, decide how to handle them, and draft the Marital Settlement Agreement to avoid surprises later.
Frequently asked questions
Is “simple divorce” the same as “no-fault divorce”?
Not quite. Florida is a no-fault state. Under § 61.052, the only ground for dissolution is that “the marriage is irretrievably broken.” Every Florida divorce is no-fault. “Simple” usually describes the absence of contested issues, not the absence of fault. A contested Florida divorce is still no-fault; it’s just adversarial in everything else.
Can I get a simple divorce in Florida if we have kids?
Yes, if you and your spouse agree on the parenting plan, the time-sharing schedule, and the child support amount. The case is still uncontested. Both parents must complete the court-approved 4-hour parenting course under Florida Statute § 61.21 before the final judgment.
A case with minor children does not qualify for the simplified dissolution procedure (the narrow statutory path that requires no minor children together). It still qualifies as a “simple” or uncontested divorce in the everyday sense, which is what most Florida couples mean when they search for the term.
How much does a simple divorce in Florida cost?
Mediation at ADR Mediation Center starts at $2,600 for a complete uncontested settlement, including the drafting of the Marital Settlement Agreement and the parenting plan if applicable. Florida law firms that publish mediation pricing commonly advertise ranges of $3,000 to $8,000 for full mediated dissolution. Florida’s court-connected mediation program is income-scaled at $60 to $120 per session under Florida Statute § 44.108 for couples below the income thresholds.
A DIY pro-se uncontested divorce costs only the court filing fee and the parenting course fee, but carries higher long-term risk because the drafting is on you.
Can I get a simple divorce without going to court?
The court enters the final judgment. In an uncontested mediated case, the court typically does this without a contested hearing, or with a brief uncontested final hearing. Most couples never see a courtroom; some appear briefly by video for the final hearing if the local circuit requires it.
Do I need a lawyer for a simple Florida divorce?
You are not required to retain a lawyer for an uncontested mediation. Many couples mediate and file without independent counsel. Some couples choose to have a lawyer review the final Marital Settlement Agreement before signing. The mediator is neutral and does not give legal advice to either spouse.
How long does a simple divorce take in Florida?
Most uncontested mediated divorces resolve within 30 to 60 days from first contact with the mediator to the final judgment. The simplified dissolution procedure (for couples who qualify) can sometimes resolve in 21 to 30 days. Contested divorces, by contrast, can take 12 months to 3 years.
What if one of us changes our mind during mediation?
Mediation is voluntary on both sides. Either spouse can decline to sign an agreement and walk out at any point in the session. If the case has been filed and was court-ordered to mediation, the case returns to the contested track. If the case has not been filed yet, no agreement and no filing means the marriage continues until one spouse chooses to file. The mediator does not impose an outcome.
Is a simple divorce really worth doing with a mediator instead of pro se?
For most couples, yes. The mediator’s job is to draft the agreement to the legal standards Florida courts require and to surface the issues both spouses haven’t thought to address. The most common pro-se divorce problems are not in the easy issues; they’re in the easy-to-miss ones: tax allocations, support modification clauses, life insurance requirements, retirement account specifics. A 30-minute consultation with Charles Geller will tell you whether your situation genuinely fits the pro-se path or whether mediation will save you from a costly modification later.
Ready to find out if your Florida divorce qualifies as “simple”?
A 30-minute free Zoom consultation with Charles Geller will tell you whether your case fits the simplified dissolution procedure, the uncontested mediation path, or something more involved. Charles has led more than 2,500 mediations across Florida since 2006, and he can help you reach your own divorce agreement.
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Related pages
- What Is the Fastest Way to Get Divorced in Florida?
- How Much Does Divorce Mediation Cost in Florida?
- Is Mediation Required for Divorce in Florida?
- How It Works