Contested vs. Uncontested Divorce in Florida: Key Differences
In an uncontested divorce, both spouses agree on every major issue — property division, time-sharing, and support — before filing, so the case can finalize in weeks for roughly $2,500–$5,000. In a contested divorce, at least one issue is unresolved, so a judge decides it, and the case typically takes 12–24 months and costs $15,000 or more per spouse.
The One Question That Defines Your Divorce
Every Florida divorce is either contested or uncontested, and the label comes down to a single question: have you and your spouse reached a complete agreement on all major issues? Those issues are the division of property and debts, parental responsibility and time-sharing if you have children, child support, and alimony. Agree on everything, and your divorce is uncontested. Disagree on even one, and it’s contested — at least until you resolve it.
That single difference drives everything else: the cost, the timeline, the stress level, and how much control you keep over the outcome.
How an Uncontested Divorce Works
In an uncontested divorce, your attorney prepares a marital settlement agreement that documents everything you’ve already agreed to, files the petition, and schedules a brief final hearing. Because Florida is a no-fault state, you only need to state that the marriage is irretrievably broken — no one has to prove wrongdoing. At least one spouse must have lived in Florida for six months before filing.
Most uncontested divorces with attorney representation cost between $2,500 and $5,000 total and can be finalized in a matter of weeks once the paperwork is complete. Couples with no minor children, no pregnancy, and full agreement on property may qualify for Florida’s even faster simplified dissolution procedure, though it requires both spouses to appear together and gives up certain rights, including alimony.
How a Contested Divorce Works
A contested divorce follows the full litigation path: petition and answer, mandatory financial disclosure, discovery (documents, depositions, sometimes forensic accountants or custody evaluators), mediation, and — if mediation fails — trial. Florida courts require mediation in most contested family cases before a trial will be scheduled, and the majority of cases do settle there.
Contested divorces in Florida typically take 12 to 24 months and cost $15,000–$30,000 per spouse; complex cases involving businesses, significant assets, or custody evaluations can take longer and exceed $50,000. The judge, not you, makes the final call on any issue you can’t resolve.
Can a Contested Divorce Become Uncontested?
Yes — and it happens constantly. Many divorces start contested and settle after financial disclosure or at mediation. Every issue you resolve by agreement removes something the judge must decide, shortens the case, and cuts the bill. Even settling two of three disputed issues meaningfully reduces cost. A good attorney’s job in a contested case is often to move it toward an uncontested resolution on terms that protect you.
Which One Is Right for You?
Uncontested is almost always cheaper and faster — but it’s only a good deal if the agreement is actually fair. Signing a settlement just to avoid conflict can lock you into a bad property split or an unworkable parenting plan that’s difficult to change later. Even in a fully amicable divorce, having an attorney review the agreement before you sign is inexpensive insurance.
Contested and Uncontested Divorce in Miami-Dade County
Both types are filed with the Miami-Dade Clerk of Courts family division, with a $409 filing fee (plus about $10 for a summons). Contested cases in Miami-Dade go through the family division’s mediation program before trial, and local attorney rates are among the highest in Florida — which makes resolving issues early especially valuable here. Arturo R. Alfonso P.A. has handled both contested and uncontested divorces for Miami-Dade families in English and Spanish for over 35 years, from Brickell to Kendall to Cutler Bay. If you’ve been searching for a divorce attorney near me in Miami, we can tell you in one consultation which path your case fits — and how to keep it on the less expensive one.
Related Questions
Contact Us
Request a Free Consultation
Fill out the form below and Attorney Alfonso will get back to you within one business day.
Distinguished attorney Arturo R. Alfonso has more than 25 years experience representing clients throughout the Miami, FL area with a reputation for success.
Quick Links
Arturo R. Alfonso P.A.
Miami, FL 33155
Email Us: aralawfirm@gmail.com
Call Us: (305) 266-9584