Why You Don’t Need a Pricey Lawyer for an Uncontested Divorce (2025)

Introduction

Staring at divorce lawyer bills ranging from $7,500 to $10,000 might make you wonder if there's a better way. We've seen many Florida couples face this exact dilemma. If you and your spouse agree on the major issues in your divorce, you might be able to save thousands while still achieving a legally sound outcome.

Ending a marriage brings both emotional heartache and financial worry. Yet when both parties see eye-to-eye on property division, support matters, and parenting arrangements, Florida offers several straightforward paths that don't require deep pockets. Think of these options as different routes to the same destination, with some paths costing far less than others.

Florida's "Simplified Dissolution of Marriage" stands out as particularly efficient. Qualifying couples can finalize their divorce in under 30 days after filing, a remarkably quick resolution compared to contested proceedings that often drag on for months or even years. The filing fee typically runs around $400, depending on your county, a fraction of what you'd spend with full legal representation.

Many couples successfully handle their uncontested divorces with minimal legal help. Before deciding which path makes sense for your situation, you'll need to understand what truly qualifies as "uncontested" and whether your circumstances meet Florida's specific requirements. Contrary to what many believe, having children doesn't automatically disqualify you from pursuing an uncontested divorce, though it does mean you can't use the simplified process.

What is an uncontested divorce and how is it different?

Think of an uncontested divorce as the express lane through Florida's legal system. When spouses reach common ground on how to part ways, they can bypass the lengthy, expensive court battles that often drain both emotional reserves and bank accounts.

What does 'uncontested' really mean?

At its heart, 'uncontested' means you and your spouse have found agreement on all significant aspects of ending your marriage without needing a judge to make decisions for you. This agreement happens in one of two ways: either both of you actively consent to all terms in writing, or one spouse doesn't respond to the divorce filing (what legal professionals call a "default divorce").

For your divorce to qualify as truly uncontested, you must reach mutual agreement on several critical matters:

• Division of assets and debts

• Child custody and visitation schedules

• Child support arrangements

• Alimony (if applicable)

• Distribution of property

When filing an uncontested divorce in Florida, one spouse typically submits the paperwork while the other signs an "Affidavit of Defendant" acknowledging agreement with the terms. You're essentially telling the court: "We've already worked through the difficult conversations and reached solutions together."

How is it different from a contested divorce?

The contrast between contested and uncontested divorces comes down to harmony versus conflict. Contested divorces occur when spouses can't agree on one or more key issues, requiring a judge to step in and make decisions.

Contested divorces typically bring:

• Substantially higher costs (potentially reaching $20,000)

• Extended timeframes for resolution

• Multiple court appearances and legal procedures

• Less control over your final outcome (a judge decides)

• Greater emotional strain on everyone involved

Uncontested divorces, by comparison, often conclude much more quickly, sometimes in just 3-4 months. They also keep your personal matters private, since disagreements aren't hashed out in open court for public record.

Can you still file if you have kids or property?

Yes! Many people mistakenly believe that having children or shared property automatically pushes them into contested territory. This simply isn't true, though these factors do add layers to your agreement.

For parents pursuing uncontested divorce, your settlement must address:

• Physical and legal custody arrangements

• Parenting time schedules

• Child support calculations

• Healthcare responsibilities

All child-related agreements must ultimately serve the "best interests of the child" standard that Florida courts carefully uphold.

Couples with significant assets can likewise pursue the uncontested path if they agree on property division. While these situations add complexity, many couples successfully navigate uncontested divorces with minimal legal assistance. Document preparation services offer a middle ground between handling everything yourself and hiring costly representation, giving you guidance without the premium price tag.

Do you qualify for an uncontested divorce in Florida?

Before taking your first steps toward an uncontested divorce, you'll need to confirm you meet Florida's legal requirements. Think of these qualifications as the entry gates to your divorce journey, you simply can't proceed until you've cleared them.

Residency and legal grounds

Florida law requires that at least one spouse has lived in the state for a minimum of six months before filing. This six-month residency rule serves as Florida's way of ensuring couples have a genuine connection to the state before using its court system.

Proving your Florida residency isn't particularly challenging. You have several options:

• A Florida driver's license issued at least 6 months prior

• A Florida voter registration card

• Testimony from someone who knows you've lived in Florida

• A signed affidavit from a corroborating witness

When it comes to legal grounds, Florida takes a "no-fault" approach to divorce. This means you don't need to prove your spouse did something wrong. You simply need to state that your marriage is "irretrievably broken", essentially telling the court that your relationship has reached a point where repair isn't possible.

When simplified dissolution applies

For couples seeking the quickest resolution, Florida offers a "Simplified Dissolution of Marriage" process. This streamlined option typically takes only about 30 days from filing to finalization. However, not everyone qualifies. You must meet all these requirements:

• Both spouses agree the marriage cannot be saved

• No minor or dependent children (including adopted)

• Wife is not pregnant

• Both parties agree on asset and debt division

• Neither spouse seeks alimony

• Both willing to give up right to trial and appeal

• Both willing to sign paperwork (not necessarily together)

• Both willing to attend the final hearing together

If your situation doesn't check all these boxes, don't worry. You can still pursue an uncontested divorce through the regular dissolution process, provided you and your spouse agree on all terms.

What if you're in the military or out of state?

Military families face unique circumstances, and Florida law recognizes this. If you're stationed in Florida, you can claim residency for divorce purposes even if you weren't originally a Florida resident. Similarly, military spouses can file in Florida if their service member is stationed there, regardless of where they themselves live.

The Servicemembers Civil Relief Act (SCRA) offers additional protections, primarily allowing deployed service members to pause proceedings if needed. However, if both parties are in agreement, the divorce can still move forward through remote communication and legal representation while one spouse is deployed.

For couples living in different states, you can still file for an uncontested divorce in Florida as long as one spouse satisfies the six-month residency requirement. Distance doesn't have to be a barrier when both parties are committed to an amicable resolution.

Can you really do an uncontested divorce without a lawyer?

The promise of saving thousands on legal fees makes handling your own divorce tempting. Most couples weighing this option find themselves at a crossroads: hire a lawyer, use a document service, or tackle everything themselves. Your best path forward depends on your specific circumstances and comfort level with legal matters.

When you might not need a lawyer

Some situations lend themselves well to a DIY approach. You might consider handling your own divorce when:

Your marriage was brief and involved few shared assets. The absence of children significantly simplifies the process. Remember that both of you must completely agree on all aspects of your separation, including how to divide property and handle any debts.

The DIY route works best when you feel comfortable managing paperwork and your situation lacks complex financial entanglements. Think of it as building a simple bookshelf versus renovating an entire kitchen, the former requires basic tools and instructions, while the latter benefits from professional expertise.

Risks of going fully DIY

Taking the solo approach carries meaningful risks that many couples overlook. DIY divorces often run into trouble when:

• Critical issues get missed during property division, creating future conflicts

• Paperwork errors cause costly delays or invalidate your agreements

• Verbal arrangements become unenforceable without proper documentation

• Tax consequences and long-term financial implications remain unconsidered

As we often tell our clients, "Fixing mistakes after a DIY divorce typically costs far more than getting it right the first time." This isn't meant to discourage you but rather to help you make an informed choice about your approach.

Using a document prep service vs. hiring a lawyer

Document preparation services offer middle ground between going it alone and full representation. These services typically charge fixed fees ($95-$395) and help complete necessary paperwork without offering legal advice.

Document preparers handle form completion and filing but cannot provide legal guidance or represent you in court. They essentially offer cost savings while ensuring your paperwork meets basic requirements, think of them as technical assistants rather than advisors.

What a budget-friendly divorce lawyer can offer

Interestingly, many attorneys focusing on uncontested divorces offer flat-fee packages, comparable to document services. Unlike document preparers, however, attorneys can:

• Provide legal advice tailored to your specific situation

• Review agreements to safeguard your interests

• Step in if unexpected complications arise

• Ensure all documents stand up to legal scrutiny

Even budget-friendly representation offers valuable peace of mind that everything has been handled properly, something many clients find worth the modest additional investment. The small difference in cost often delivers significant difference in protection.

How much does an uncontested divorce cost and how long does it take?

The financial side of ending your marriage can vary tremendously depending on your approach. We find that couples who understand both the costs and timelines upfront generally feel more confident as they move through this challenging life transition.

Typical filing fees and court costs

Every divorce begins with unavoidable court costs. Florida courts currently charge between $400-$450 for divorce filings. Think of this fee as your entry ticket to the legal process, it covers basic court administration but doesn't include extras like having papers served to your spouse.

If you're experiencing financial difficulties, don't let these fees become a barrier. You can request a fee waiver directly from the court. Some Florida counties also offer reduced fees for simplified dissolutions, though this varies depending on where you live.

Cost with vs. without a lawyer

Choosing the DIY path dramatically reduces your expenses. Recent research shows couples handling their own divorces spent an average of $925 in total costs. Many people report even lower expenses, sometimes as little as $300-$500 when filing independently.

For those seeking a middle ground, online divorce services typically charge between $150-$800 to prepare and file your documents. These services function like a helpful guide through the paperwork maze without the full cost of legal representation.

By contrast, even an uncontested divorce with attorney representation typically runs between $1,500-$5,000. Many lawyers offer straightforward flat-fee packages for uncomplicated cases, with prices ranging from $1,500-$3,000 depending on your specific circumstances.

How long does it usually take?

Uncontested divorces move much more quickly than their contested counterparts. A typical uncontested Florida divorce takes approximately six months from filing to finalization. This timeline exists primarily because Florida requires a six-month "cooling off" period after filing.

You might think of this mandatory waiting period as a legal buffer zone, time the state provides to ensure both parties are certain about their decision before finalizing such an important life change.

What delays the process?

Several common issues can extend your timeline beyond the six-month minimum:

• Paperwork that's incomplete or incorrectly completed

• A spouse who won't promptly sign necessary documents

• Complex property requiring professional valuation

• Child-related arrangements needing additional court review

• Court scheduling backlogs, especially in busy counties

Cases involving children almost always take longer, even when both parents agree on all terms. We've also seen situations where one spouse still hopes for reconciliation, which can significantly slow proceedings despite Florida's no-fault approach to divorce.

Conclusion

Ending your marriage doesn't have to empty your bank account. Throughout this guide, we've seen that couples who find common ground can save thousands by exploring alternatives to traditional legal representation. Think of these options as different financial tiers, each offering a path to the same legal outcome, but with vastly different price tags attached.

We've found that couples with straightforward situations often finalize their divorce for as little as $400-$500 in filing fees, while those with moderately complex circumstances might benefit from limited legal assistance costing $1,500-$3,000. Both options represent significant savings compared to the $7,500-$10,000 average for full representation. However, we encourage you to weigh potential risks against these savings. A mistake in your paperwork or an overlooked issue could ultimately cost more to fix than getting professional help from the start.

Florida's uncontested divorce options remain accessible whether you have children or substantial assets. The deciding factor isn't what you own or who depends on you, it's whether you and your spouse can reach agreement on all issues. For qualifying couples without children, the Simplified Dissolution process offers an especially efficient path forward.

Contrary to what many believe, "uncontested" doesn't mean "unsupported." Document preparation services and flat-fee attorneys provide middle-ground solutions that balance cost-effectiveness with peace of mind. Whichever path you choose, uncontested divorces typically conclude within six months, substantially quicker than contested proceedings that often stretch for years.

This challenging life transition deserves thoughtful consideration about how to balance financial concerns with protecting your long-term interests. When both spouses commit to cooperation, an uncontested divorce offers a dignified conclusion to your marriage without the excessive costs and emotional strain of traditional litigation.