Law Office of A. James Mullaney

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Uncontested vs. Simplified Divorce in Florida

Florida offers two streamlined options for couples who agree on the end of the marriage. They sound similar but are legally distinct.

Simplified Dissolution of Marriage

Florida Statutes §61.052 allows a Simplified Dissolution only if:

  • Both spouses sign the petition together
  • There are no minor or dependent children
  • Neither spouse is pregnant
  • Both agree on the division of all property and debts
  • Neither party is seeking alimony
  • Both appear together at the final hearing

Simplified dissolution is fast and cheap but offers very limited protection. You waive the right to trial and discovery. For most people with any meaningful assets, this waiver is a mistake.

Uncontested Divorce

An uncontested divorce is available to any couple that agrees on all terms, including those with children, alimony, or complex property. It preserves the full protections of a regular dissolution while avoiding litigation.

  • Works with children and parenting plans
  • Supports alimony arrangements
  • Allows QDROs for retirement division
  • Only the filing spouse must appear at the final hearing

Which Is Right for You?

If you have kids, own anything substantial, or are receiving/paying alimony — uncontested is almost always the right choice. If you have nothing but a toaster to divide and no kids, simplified can work.

I can help you decide. Call 904-858-4334 or contact me online.

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