An uncontested divorce in Florida can be one of the most straightforward and cost-effective paths to dissolving a marriage. When you and your spouse agree on matters such as child custody and visitation, property division, spousal support, and how to handle debts and assets, the divorce can often move forward with minimal stress. However, even an amicable separation can become more complicated than expected, so having knowledgeable legal counsel by your side is essential. At Adams, Luka, & Benton, P.A., our Orlando divorce attorneys are committed to providing experienced guidance that helps you navigate the uncontested divorce process easily while ensuring that your rights and best interests remain protected at every turn.
Florida’s No-Fault Divorce FrameworkFlorida is a no-fault divorce state, meaning that you do not need to prove wrongdoing on your spouse’s part to initiate a divorce. Instead, you base the divorce on “irreconcilable differences,” essentially stating that you and your spouse no longer get along and that there is no reasonable way to fix or reconcile your marriage. Because of this no-fault framework, either spouse may file a Petition for Dissolution of Marriage, and the process can move smoothly when both parties agree on the significant elements of the divorce.
When a divorce is contested—when spouses disagree on critical issues—it can stretch out for months or even years. But if you work out all the terms in advance, an uncontested divorce often concludes faster and at a lower overall cost. This is particularly true in Florida, where uncontested divorces can sometimes be resolved in three months or less. Even so, unexpected conflicts may arise at any point, so hiring a lawyer with experience in uncontested divorces can help you address any disagreements before they escalate.
What an Uncontested Divorce InvolvesAn uncontested divorce starts with both spouses being on the same page about significant considerations like parental responsibility, timesharing schedules, child support, asset and debt division, and spousal support (also referred to as alimony). Because so much of the conflict between divorcing spouses involves property or children, clarifying these issues before filing can create a foundation of mutual agreement.
Even with the groundwork, specific legal documents must be accurately prepared and filed with the court. These documents typically include the Petition for Dissolution of Marriage and a Settlement Agreement (or Marital Settlement Agreement), which outlines how all aspects of the divorce will be handled. Other forms may be necessary, depending on your situation. Having a qualified attorney draft or review these documents helps ensure no errors, omissions, or ambiguities that might create problems later.
Potential Pitfalls and Why You Need an AttorneyMany people believe that an uncontested divorce is so straightforward that hiring a lawyer is unnecessary. While it is true that uncontested divorces are often more concise than contested ones, mistakes in the process can still be costly and stressful. A misunderstanding about something as small as who will take over payments for a vehicle, ATV, or boat can derail your plans if one spouse changes their mind. Even if you and your spouse think you have thought of everything, it is easy to overlook specific legal details.
Emotions can also shift throughout a divorce. One minor disagreement about holiday timesharing, medical expenses for a child, or credit card debt might lead to more significant conflicts. An attorney’s assistance from the start allows you to address these issues before they escalate. Your lawyer can also confirm that all financial disclosures are accurate and that all property—real estate, savings, retirement accounts, and valuable personal property—is accounted for in the settlement. This proactive approach goes a long way toward keeping the process peaceful and fair.
Key Advantages of Pursuing an Uncontested DivorceAn uncontested divorce has several advantages, especially when both parties are committed to resolving all issues without litigating them in court. First, the cost is typically lower because no extended legal battle exists. With multiple hearings or trials, you will save on attorney fees, court costs, and other expenses.
Another advantage is efficiency. An uncontested divorce can be finalized in a fraction of the time it takes to resolve a contested divorce. This time-saving aspect benefits not only you and your spouse but also any children from the marriage, who will be able to adapt to the new arrangements more quickly.
Reduced emotional stress is also a critical factor to consider. Prolonged conflict can take its toll on all parties, particularly children. Keeping the process uncontested and out of the courtroom helps minimize stress, anxiety, and resentment, allowing you to move forward and focus on healing and rebuilding your life. In addition, preserving your privacy is easier when the divorce remains uncontested, as the issues are less likely to become part of the public record. Court hearings and trials in contested divorces often involve publicly accessible documents, including financial disclosures, evidence, and other personal information.
Finally, you and your spouse remain the primary decision-makers by maintaining control of the process. When you take a contested divorce to trial, a judge decides for you, and the outcome might not align with your spouse’s preferences. In an uncontested divorce, you steer the arrangements with legal guidance, giving you more certainty about your post-divorce life.
What Is Required for an Uncontested Divorce in Orlando?To file for divorce in Florida, at least one spouse must have resided in the state for at least six months before filing. If you meet that criterion, you can file in the county where you or your spouse live. Florida also offers what is known as a “Simplified Dissolution of Marriage” for couples who meet specific eligibility requirements, such as having no minor children together, no ongoing pregnancy, and an agreed division of all assets and liabilities. However, most individuals who share minor children or more complex financial structures will file for a regular dissolution of marriage, which can still be uncontested as long as both parties agree to the terms.
Throughout this process, open communication and honesty about financial matters are vital. Florida law requires each spouse to fully disclose assets, debts, income, and expenses. The resolution greatly speeds up when these disclosures are done correctly, and the terms remain uncontested. Skipping or rushing through this step can create loopholes that lead to misunderstandings and even accusations of fraud, which can jeopardize the entire proceeding.
How Hiring a Skilled Lawyer Keeps Your Divorce on TrackHiring a lawyer for an uncontested divorce is about protecting your interests and ensuring the procedure goes as efficiently as possible. An attorney who understands Florida’s family law statutes and local Orlando court rules will organize the necessary paperwork, draft the correct legal documents, and guide you through negotiations. They will also ensure you do not miss any deadlines or court dates. While uncontested divorces typically have fewer legal hurdles, missing a filing or forgetting a required document can still cause delays or even lead to the dismissal of your case.
A lawyer can spot potential conflicts before they become severe and suggest creative solutions. For example, suppose you and your spouse have an informal understanding about timesharing for a child but never considered who pays for extracurricular activities. In that case, an attorney can introduce that issue and help formalize an agreement. This forward-thinking approach can save you considerable frustration and additional legal costs.
Customized Agreements for Parenting and SupportChild custody and support are often the most sensitive parts of a divorce, even when things are amicable. Florida courts prioritize the child's best interests, including stability, safe living conditions, consistent parenting, and financial support. If you and your spouse have reached a mutual agreement on a timesharing schedule, parenting plan, and support amounts, that agreement should be carefully recorded to ensure clarity and enforceability.
An experienced, uncontested divorce attorney can help you craft a parenting plan that meets state requirements and addresses day-to-day responsibilities, holiday schedules, medical decisions, and education matters. This document protects both parents while providing the children with continuity. Child support is determined by state guidelines based on income, the number of overnight stays with each parent, and other relevant factors. Although spouses can sometimes deviate from the guidelines, it must be done under specific conditions. Legal guidance ensures that your agreement complies with Florida law and will be approved by the court.
Division of Property, Assets, and DebtsFlorida follows the principle of equitable distribution when dividing marital property. In an uncontested divorce, you and your spouse will decide how to split property, real estate, bank accounts, investments, retirement accounts, and personal belongings. You will also determine who is responsible for particular debts, including mortgages, car loans, and credit cards. Because spouses often have different viewpoints about fairness, it is wise to approach these decisions with care and clarity.
Your attorney can outline the factors that a court might consider if your divorce became contested, such as the length of the marriage, each spouse’s financial contributions, and each spouse’s financial situation after the divorce. By understanding your rights, responsibilities, and the likely outcome of a contested process, you and your spouse can more confidently negotiate a fair settlement that both parties can accept.
How Our Orlando Uncontested Divorce Lawyers HelpChoosing an uncontested divorce can reduce emotional strain, protect your finances, and build a cooperative environment for future co-parenting if children are involved. At Adams, Luka, & Benton, P.A., we have helped many clients throughout Orlando and Central Florida finalize their divorces promptly, ensuring that all terms are clear, mutually beneficial, and compliant with state laws.
Our team will explain every step of the legal process, help you gather the necessary financial records, prepare or review all settlement agreements, and represent you in court. We will also stand by you if any surprise disagreements arise, working quickly to resolve them in a way that preserves the uncontested nature of your case whenever possible. Our attorneys strive to keep the atmosphere constructive so that you can finalize your divorce while maintaining respect and cooperation.
Moving Forward With ConfidenceEven when spouses have a respectful and amicable relationship, ending a marriage can be emotional. Whether you are sure that uncontested divorce is the right path or you are exploring your options, consulting with a seasoned attorney who can address your questions and concerns is beneficial. Many people find that the security of professional legal counsel relieves significant stress, letting them approach negotiations with clarity and confidence.
If you are located in Orlando or anywhere in Central Florida, our legal team is here to provide comprehensive guidance tailored to the specifics of your case. We handle uncontested divorce matters with a focus on efficiency, empathy, and thorough preparation. By ensuring that all legal requirements are met and potential pitfalls are anticipated, we work diligently to streamline your experience. Ultimately, we aim to deliver a finalized divorce that aligns with your interests, reduces conflict, and preserves your peace of mind.
We are uncontested divorce attorneys providing legal support and guidance to clients in Central Florida.
Contact Our TeamLearn how Adams, Luka, & Benton P.A. can help you with your case. Contact us or call 407-872-0303 for Orlando, Orange, Seminole, Osceola, and Volusia County and 352-357-4084 for Lake, Sumter, and Marion County.