A divorce is one of the most significant transitions in a person’s life. Besides the psychological aspect, everyone is concerned about finances. There must be many stories about enormous legal spending, hidden fees, and court battles that can last for years. However, divorce is not necessarily associated with a depleted bank account or extended court involvement.
Uncontested divorce is a quicker, much cheaper, and stress-free process. In Florida, an uncontested divorce occurs when both partners agree on all legal details before filing any paperwork with the court. At the same time, this option is significantly cheaper than going to trial. It is still important to understand the actual breakdown of expenses involved.
Here is a comprehensive look at what an uncontested divorce actually costs in Florida and how long the entire process takes.
Mandatory Florida Court and Filing Fees
Even if you and your spouse agree on every topic, you must pay mandatory court fees to dissolve your marriage officially. These costs are set by Florida state law and individual county circuit courts, not by private law firms. They represent the base cost of getting divorced in the state.
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Circuit Court Filing Fee
To begin a divorce proceeding in Florida, a formal document must be filed with the court clerk. The mandatory filing fee in all Florida circuit courts is estimated at $408-$409. This is paid directly to the Clerk of Court for the particular county.
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Summons Fee
If your spouse needs to be formally notified through official legal channels, the court clerk charges an additional $10 to issue a summons. However, in a truly cooperative, uncontested divorce, your spouse can sign a notarized document called a waiver of service. This document waives formal process server delivery and eliminates this extra step.
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Service of Process Fees
If the waiver is not executed for whatever reason, a process server or a deputy from the county sheriff must personally serve the court documents to your spouse, and the service generally costs between $40 and $100 based on the county and other related factors.
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Fees for Parenting Course
If you and your spouse have kids together, Florida law requires you both to complete the Parent Education and Family Stabilization course. This course helps parents learn how to protect their kids from adult problems during marital changes. This course can be taken online or offline, and the fee is between $20 and $60 per parent.
Fees of Attorney in Case of Uncontested Divorce
Although you are entitled to file divorce petitions independently of any lawyer, errors in filing the forms may cause rejection of the petition, delays in the process, or even result in serious damage to your finances in the future. Engaging a knowledgeable uncontested divorce lawyer will ensure that your settlement agreement will be legally valid, enforceable, and protective of your rights.
Lawyers charge for their services in two basic ways in family law cases in Florida:
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Flat Rate Billing
Florida uncontested divorce attorneys commonly bill their clients on a flat rate basis for handling their cases.
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Simple Case:
The client is expected to pay an upfront fee ranging from $1,500 to $2,500 if there are no children or assets involved in an uncontested divorce. The court costs are handled separately.
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Complex Case:
Preparing complicated documents such as parenting plans, child support worksheets, real estate quitclaim deeds, or retirement orders will cost a client a flat fee of $2,500 to $4,500 plus court fees.
Flat fees offer total financial predictability. You know exactly what your legal representation will cost before any work begins.
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Hourly Rate Billing
Some lawyers choose to work with clients on an hourly basis for all family law cases. In Florida, the average rate charged by family law lawyers typically ranges from $250 to $500, depending on the lawyer’s years of experience and location.
Once you hire a lawyer to work on an hourly basis, you have to make an advance deposit into his or her account, which is then used when he or she prepares the paperwork needed, makes necessary communication with the court clerk, and files documents. For an uncontested case, it costs between $1,500 to $3,500.
Time Frame for an Uncontested Divorce in Florida
One of the biggest advantages of filing for an uncontested divorce is its quick turnaround compared to a normal lawsuit. While traditional divorces may take 12 to 24 months, the uncontested divorce takes much less time than that.
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The 20-Day Mandatory Period
According to the statute of Florida, it is impossible to issue the final judgment of dissolution of marriage within 20 days of filing a divorce petition. This is to give both parties time to think before deciding to divorce. Even though the judge rarely waives this provision, the 20-day period is concurrent with filing the necessary documents.
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Routine Overall Timeline
For most couples in Florida, an uncontested divorce will take anywhere between 30 and 90 days from the time that you hire your attorney until the time that your judge signs off on your final decree.
This is what a typical uncontested timeline looks like:
Week 1 to 2 (Preparation of Documents):
Your consultation with your attorney will determine the agreement and collect all your financial documents to fill out the required paperwork.
Week 3 (Review and Signing):
Both parties review all pages of the drafted documents, make minor changes as needed, and then sign all documents before a notary public.
Week 4 (Filing of Petition and Documents):
The attorney files your Florida uncontested divorce petition, settlement agreement, financial affidavits, and waivers with the circuit court clerk. The 20-day period begins after this process.
Weeks 5 to 8 (Court Review):
The court clerks will process the filing paperwork, make sure all financial information has been provided, and send the completed case file to the family law judge.
Weeks 8 to 12 (Judgment of Dissolution): The family law judge will review the Marital Settlement Agreement and make sure that it meets the legal requirements of Florida law and is in the best interests of any minor children. The judge will then sign your final judgment of dissolution of marriage.
What Happens When an Uncontested Divorce Becomes Contested?
An uncontested divorce becomes contested when either spouse contests any material aspect of the divorce process. This may occur at any point in time within the process, even after the preparation of documents.
Common Dispute Points
Even the most well-intentioned spouses may encounter problems when filling out forms. Contested divorces usually involve:
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Disagreements Over Child Schedules
Arguments regarding holiday splits or which parent gets primary weekday time-sharing.
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Real Estate and Property Disagreements:
Arguments over home valuations or who gets to stay in the marital home.
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Hidden Accounts:
Discovering during financial document exchanges that one partner hid credit card debts or secret savings accounts.
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Emotional Pressure:
Anger and other negative emotions can lead someone to alter their position on the conditions initially accepted.
Working with a competent attorney will ensure the discussion remains professional and focused on a solution. This approach helps you avoid expensive lawsuits.
Why is it Necessary to Seek Professional Assistance?
A DIY marriage breakup package seems like a cheap, simple way to end your marriage. However, this is one of the greatest risks you take. It can contain ambiguous statements or even missing disclosures.
Just one mistake in a settlement form may cause:
- The clerk’s refusal to accept your documents will require you to redo the whole procedure.
- Illegal property or debt distribution clauses.
- Incorrect child support amounts will generate back debts.
- The total loss of your ability to receive your pension and alimony in the future.
To correct bad agreements after the approval of a judge, you need to conduct post-judgment proceedings. In most cases, reopening the case will cost much more than conducting it properly in the first place.
Take the First Step Towards a New You
Uncontested divorce allows you to dissolve your marriage on your own terms, at a cost that won’t break your budget, and with dignity. Save thousands of dollars by negotiating an agreement with your spouse that satisfies all your requirements and allows you to avoid going through lengthy legal proceedings.
Are you interested in considering an uncontested divorce in Florida? Coleman Law Group is happy to help you navigate the process with expertise. The uncontested divorce lawyers at Coleman Law Group will ensure that your agreements comply with Florida law and that your bill remains affordable throughout the process.
Schedule your consultation today with Coleman Law Group at 727-214-0400 or aheartforpeople@clgfl.com to take the first step towards a hassle-free and affordable process.
