Family Law
Contested vs Uncontested Divorce in Florida: Which Path Costs Less?
Jul 4, 2025
Introduction
The financial effect of choosing between contested and uncontested divorce in Florida can vary dramatically. Uncontested divorces take just four to six weeks to complete, while contested cases stretch from six months to several years. Your wallet feels this time difference directly. The cost difference between these two paths extends beyond timing alone. Uncontested divorces need fewer legal steps and court appearances, which makes them substantially more affordable. A contested divorce in Florida involves disputes that need additional procedures like mandatory financial disclosures and multiple hearings. These requirements quickly drive up costs. Florida's divorce cases mostly end in settlement rather than trial, which shows that couples understand the value of reaching agreement. Legal advice remains important even with an uncontested divorce to ensure fair agreements and avoid future disputes. Both paths need full disclosure of assets and liabilities. You've come to the right place if you need clear guidance through these complex financial waters.
Contested vs Uncontested Divorce: Which Costs More in Florida?
The money you'll spend on different types of divorces in Florida varies greatly. An uncontested divorce can save you thousands of dollars when you compare it to a contested one.
Average Costs: Contested vs Uncontested Divorce
Florida's contested and uncontested divorces have a stark cost difference. You'll pay as little as $408 for the clerk's filing fee if you handle the paperwork yourself in an uncontested divorce where both spouses agree on everything. Legal help for an uncontested case will cost between $2,500 and $5,000.
Contested divorces, on the other hand, usually cost between $5,000 and $30,000. USA Today reports that Florida's average contested divorce without children costs $13,500, while cases with children cost around $20,300. These costs can get really high if your case goes to trial and might exceed $50,000.
Your divorce costs depend on several things:
Disagreements about how to raise the kids
Fights over alimony
Hard-to-split assets
Problems with prenuptial agreements
Requests to move away with children
Mental health challenges that affect talks
Court Fees, Attorney Fees, and Hidden Expenses
The simple filing fee starts at $408-$409, but costs pile up quickly after that. Lawyer fees make up the biggest expense. Florida lawyers charge around $295 per hour on average, usually between $260 and $330. Some experienced attorneys in certain areas charge up to $795 per hour.
You might not expect these extra costs:
Process server fees ($50-$100)
Court reporter and transcript costs
Expert witness payments for financial or custody experts
Charges for copying and preparing documents
Hiding assets from your spouse can cost you big time. Courts might fine you, punish you, or even give those hidden assets to your spouse.
How Mediation Impacts Overall Costs
Mediation helps save money. Florida courts usually require it before going to trial. Couples making less than $50,000 yearly pay $60 per person for each session. Those earning between $50,000 and $100,000 pay $120 per person.
Mediation helps by:
Cutting down on lawyer hours and fees
Getting things done faster
Avoiding expensive expert witnesses
Preventing costly fights after divorce
About 90% of contested divorces end up settling. This shows how mediation helps reduce both emotional stress and financial burden.
Understanding the Legal Process for Divorce in Florida
The divorce process in Florida changes by a lot depending on whether you choose a contested or uncontested path. These differences can help you guide through this challenging time better.
What is a Contested Divorce in Florida?
A contested divorce happens when spouses can't agree on one or more important issues. Common disagreements include:
Property division and assets
Alimony payments
Child custody arrangements
Child support calculations
Division of debts
One spouse starts by filing a Petition for Dissolution of Marriage. The other spouse has 20 days to respond. Both parties then share their financial information during the discovery phase. This phase can take several months. Florida courts want couples to try mediation before going to trial. The case moves to court if mediation doesn't work. A judge makes all final decisions. These divorces usually take 6 months to 2 years. Complex cases might need more time.
Divorce in Florida Uncontested: Key Steps
Uncontested divorces move much faster. Florida gives you two choices: simplified dissolution and regular uncontested dissolution. Simplified dissolution needs both spouses to agree on everything. They must have no minor children and meet other specific requirements.
Regular uncontested divorce starts with a Petition for Dissolution. Both parties must share their financial information. You'll give the court a written marital settlement agreement since you've already agreed on everything. Most uncontested divorces finish within 4-6 weeks after filing.
Mandatory Waiting Periods and Timelines
Florida law requires you to wait 20 days after filing before finalizing your divorce. One spouse must have lived in Florida for six months before filing.
Your situation determines how long the process takes. Simple uncontested cases without children might finish right after the waiting period. Complex contested divorces with assets or custody disputes can take much longer. Successful mediation can cut months or even years off your timeline.
An experienced attorney will protect your interests and help you guide through these complex legal steps quickly.
Common Mistakes That Can Increase Divorce Costs
Divorce costs can spike when you make certain critical mistakes, whatever path you choose - contested or uncontested. You can save thousands by knowing these common pitfalls.
Failing to Disclose Assets Fully
Florida law requires complete financial disclosure from both parties during divorce proceedings. Some people try to hide assets or downplay their income to avoid higher support payments or grab a bigger share of marital property. This strategy usually backfires badly:
Courts can give an unequal distribution of property to fix things
You might face financial penalties, court sanctions, and lawyer's fees
The judge could hand over hidden assets straight to your spouse
Your court's trust in you will be damaged forever
The attempt to hide assets can transform an uncontested divorce into a contested one, which makes everything take longer and get pricey.
Underestimating the Emotional Costs
Your emotional state during divorce directly affects your wallet. Money decisions driven by feelings rarely work out well:
Fighting for a house you can't afford just to prove a point
Letting spite stop you from settling, which drags out legal battles
Racing through everything just to be done with it
Giving in because you feel guilty or emotionally drained
"At the end of the day, we only have so many days on this planet. When it comes to money, we can always get more money, make more money. But money is not the key to spiritual and emotional health and happiness," notes one family law expert.
Skipping Legal Advice in Uncontested Cases
You need professional legal guidance even for simple uncontested divorces. Going the DIY route creates big risks:
A simple mistake like checking the wrong box can cause major headaches
You might give up rights to valuable property or support without knowing it
The chance to fix mistakes might vanish once the final judgment comes in
Poorly written agreements create expensive problems down the road
Yes, it is widely believed that trying to get divorced without a lawyer is the biggest money mistake you can make. Your spouse will probably have a lawyer, and this experience gap often results in a raw deal for you.
How Our Firm Helps You Save Time and Money
Getting divorced in Florida shouldn't empty your bank account or add to your stress. Our firm knows the quickest way to help you move forward while saving time and money, whatever type of divorce you're facing.
Skilled Negotiation to Avoid Trial
Our attorneys excel at finding middle ground in situations that seem impossible to resolve. Research shows all but one of these cases get settled through mediation. We actively help this process. Our negotiation-first approach helps you:
Discover what matters most instead of getting caught up in arguments
Work toward solutions rather than pointing fingers
Create win-win outcomes that work for both sides
Smart negotiation directly tackles the biggest costs in divorce cases. Legal experts agree that reaching a settlement quickly saves both money and emotional energy.
Protecting Your Interests During Mediation
Mediation works like a guided conversation with a neutral third party. Our attorneys make sure you're really prepared by:
Organizing documentation so every important detail gets covered during talks. Good preparation shows you mean business and keeps discussions moving.
Developing clear positions on key issues while staying flexible enough to find creative solutions that serve your future interests.
Ensuring confidentiality throughout the process. Florida law prevents mediation discussions from becoming court evidence.
Transparent Fee Structures and Cost Estimates
We believe you should know exactly what legal services will cost upfront. That's why we provide:
Clear retainer agreements that spell out covered services and billing methods.
Detailed breakdowns of possible extra costs to help you plan your budget.
Different payment options when it makes sense, including flat rates for certain services instead of hourly billing.
Regular reviews to make sure charges match your expectations and the work we've done.
Our team ended up focusing on reducing both financial and emotional stress through expert guidance and careful planning.
Conclusion: Let Us Help You Take the Next Step
Choose Wisely: Making the Right Decision for Your Divorce
Money makes a huge difference between contested and uncontested divorces in Florida. Uncontested divorces cost between $408 and $5,000. Contested divorces can shoot up to $20,000 or $50,000 if your case goes to trial. These numbers alone make it worth trying to settle whenever possible.
Legal guidance proves valuable even in uncontested divorces. Many clients try to save money by doing paperwork themselves. This often leads to expensive corrections later. A lawyer's help ensures proper disclosure of assets, fair agreements, and protection of your long-term interests throughout the process.
Mediation strikes a perfect balance between legal protection and cost. Statistics show 90% of contested divorces settle anyway. Working with lawyers who aim to resolve quickly rather than drag out litigation usually brings better results.
Emotions can cloud your financial judgment during divorce and lead to expensive mistakes. Professional guidance helps you avoid common traps like hiding assets, arguing over items with little value, or making quick concessions. Divorce costs money, but picking the right approach shapes your financial future deeply.
Our experienced team knows the stress and uncertainty you face right now. We're here to guide you through either path with strategies that protect your interests and keep costs low. Reach out today to discuss how we can help you get the best outcome for your situation.
