Uncontested vs. Contested Divorce in Florida: Simplified Procedures and Mandatory Steps
In Florida an uncontested and a contested divorce share the six-month residence rule and the 20-day delay. With a minor child, or if the breakdown is denied, the court may continue the case up to 3 months.
What is the same in an uncontested and a contested Florida divorce?
The six-month residence rule and the 20-day delay apply to both (Fla. Stat. 61.19). The Florida divorce timeline calculator gives the same earliest date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Delay after filing | 20 days minimum | 20 days minimum; longer if the court continues the case |
| Hearing | Short hearing; no corroboration except residence | Hearing on the contested issues |
| Reconciliation step | Not used when there is no minor child and the breakdown is not denied | Court may order counseling or continue up to 3 months |
| Parenting plan | Agreed plan approved by the court | The court creates a time-sharing schedule after the factors |
| Property | Settlement agreement | The court distributes, starting from equal |
What does the court do when there is no minor child and the breakdown is not denied in Florida?
If there is no minor child of the marriage and the responding party does not deny by answer that the marriage is irretrievably broken, the court shall enter a judgment of dissolution if it finds the marriage irretrievably broken (61.052(2)(a)).
What changes when there is a minor child or the breakdown is denied in Florida?
The court may order either or both parties to consult with a counselor, psychologist, psychiatrist or clergy, continue the proceedings for a reasonable time not to exceed 3 months to enable the parties to attempt reconciliation, or take other action in the best interest of the parties and the child; if at any time it finds the marriage irretrievably broken it enters the judgment, and if not it denies the petition (61.052(2)(b)). During a continuance the court may make orders for support, alimony, the parenting plan, fees and the preservation of property (61.052(3)).
Is a parenting plan required in Florida?
A parenting plan approved by the court must, at a minimum, address the parents’ relationship and decisions about the child, and contain a time-sharing schedule (61.046, 61.13(2)(b)). When the parents agree and the court approves the schedule, the court does not have to evaluate all the factors; when it creates or modifies the schedule it must evaluate the factors and make specific written findings (61.13(2)(c)1). See the Florida parenting time calculator.
How is property handled in Florida?
Marital assets and liabilities are distributed starting from the premise that the distribution should be equal, unless a listed factor justifies an unequal one (61.075(1)). A settlement agreement can set a different division. See the Florida property division calculator.
Are findings required in a contested Florida case?
Yes. In a contested dissolution where no stipulation and agreement has been filed, any distribution of marital assets or liabilities must be supported by factual findings based on competent substantial evidence with reference to the factors in 61.075(1) (61.075(3)).
Can the 20 days be shortened in Florida?
Yes, but only on a showing that injustice would result from the delay (61.19). Ask a licensed Florida attorney whether your facts qualify.
Can an antenuptial agreement affect procedure in Florida?
The court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition chosen by the parties (61.052(5)).
Frequently asked questions
Does an uncontested divorce skip the Florida 20-day delay?
No. The delay applies unless the court finds that injustice would result.
Can a Florida court delay a divorce to try reconciliation?
Yes, up to 3 months, when there is a minor child or the breakdown is denied.
Does a Florida divorce need a parenting plan?
Yes. A parenting plan with a time-sharing schedule is required when there are minor children.
What if my spouse denies the marriage is broken in Florida?
The court may order counseling or continue the case, and it enters a judgment if it finds the marriage irretrievably broken.
Can I choose arbitration in a Florida divorce?
The court may enforce an antenuptial agreement to arbitrate a dispute.
Official sources
- Fla. Stat. 61.021: residence requirements
- Fla. Stat. 61.052: dissolution of marriage
- Fla. Stat. 61.19: entry of judgment, delay period
- Fla. Stat. 61.13: support of children; parenting and time-sharing
- Fla. Stat. 61.075: equitable distribution of marital assets and liabilities
- Fla. Stat. 61.046: definitions
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.