If you are wondering how to file for divorce without children in Florida, you are not alone. Many couples seek a straightforward end to their marriage when there are no minor children or complex custody issues involved. In these situations, the process can be more efficient and less stressful than a divorce involving children, especially if both spouses agree on the terms.
This blog explains the divorce procedure in Florida, when you might qualify for a simplified divorce, the difference between a contested and uncontested divorce, and how Florida divorce laws affect your case. We have also included helpful official government sources and internal links to support your planning.
Understanding Divorce Laws in Florida
Before diving into the process, it’s important to understand the legal landscape. Florida divorce laws are codified in the Florida Statutes, which govern everything from residency requirements to property division. Marriage dissolution (divorce) is governed by Chapter 61 of the Florida Statutes, which outlines the legal framework for handling divorce cases in the state. This includes provisions on asset distribution, alimony, and other elements of a divorce judgment.
To file for divorce in Florida, one spouse must have been a resident of the state for at least six months before filing. This is a constitutional requirement, not a judicial preference.
What Is a Divorce Without Children
A divorce without children is the dissolution of a marriage when there are no biological or adopted minor children involved. If you and your spouse do not have children under the age of 18, you may qualify for a simplified divorce, also called a “simplified dissolution of marriage.”
This streamlined process can reduce paperwork, shorten wait times, and avoid lengthy hearings when the parties agree on key issues.
Simplified Divorce in Florida
Florida offers a simplified divorce process for couples who meet certain criteria. To be eligible for simplified dissolution, all the following must be true:
- Both spouses agree on divorce and all related issues.
- You have no minor children together.
- Both spouses agree on property division and financial obligations.
- Neither spouse is seeking alimony; and
- At least one spouse lived in Florida for at least 6 months before filing.
If you meet these requirements and both spouses agree to the terms, you do not have to go before a judge in most cases. Instead, you and your attorney will complete the required forms and attend a brief final hearing where the judge will enter a divorce judgment.
For couples who have reached an agreement but don’t meet all simplified divorce criteria, it may still be possible to file an uncontested divorce.
Contested vs. Uncontested Divorce
Understanding the difference between contested and uncontested divorce is key to navigating the process.
Uncontested Divorce
An uncontested divorce is one in which both spouses agree on all major issues, including the division of assets, debts, and any support matters. Even without children, spouses may disagree on how property should be divided or on financial obligations. When agreement exists, the process is relatively straightforward.
In an uncontested divorce without children, your attorney can prepare the necessary paperwork, file it with the court, and schedule a final hearing. Because there are no disputes to resolve, these cases typically move more quickly through the court system.
Contested Divorce
A contested divorce occurs when one or both parties disagree on one or more issues presented in the divorce petition. Even without children, property division, alimony claims, or disputes over financial accounts can result in a contested case.
If your divorce is contested, the process becomes more complex and may require additional filings, motions, evidentiary hearings, and potentially a trial. In these situations, it is strongly advisable to work with an experienced Orlando family lawyer, especially if financial matters are complicated.
How to File for Divorce in Florida
If you are ready to move forward, here is an overview of how to file for divorce in Florida without children.
Step 1: Meet the Residency Requirement
As mentioned, at least one spouse must have resided in Florida for six months before filing. Your divorce petition cannot be legally filed until that requirement is met.
Step 2: Complete the Required Forms
The first formal step is to prepare and file a Petition for Dissolution of Marriage with the local circuit court where you or your spouse resides. You may also need to prepare financial affidavits, marital settlement agreements (if uncontested), and other supporting documents.
Step 3: Serve Your Spouse
Once the petition is filed, your spouse must be served with a copy of the filing. In uncontested or simplified cases, your spouse may sign an acknowledgment of service, streamlining the process.
Step 4: Negotiate Agreements
Even in a divorce without children, you must address key issues such as:
- Division of marital assets and debts;
- Determination of alimony (if applicable);
- Any other financial or legal concerns.
If you are pursuing a simplified divorce, this agreement must be in place before you file and neither spouse can be seeking alimony.
Step 5: Attend Final Hearing
If your case is uncontested or simplified, a judge will review your paperwork at a final hearing and issue a Final Judgment of Dissolution of Marriage. In many uncontested cases, hearings in Florida may take just a few minutes if the court finds everything in order.
Helpful Tips for Filing for Divorce Without Children
Organize Financial Documentation: Even without children, divorces involve financial matters. Prepare documentation for assets, debts, retirement accounts, and any shared financial obligations.
Consider Mediation: If you and your spouse disagree on property division or financial questions, mediation can help resolve those issues without litigation. A mediated resolution often results in a faster and less expensive outcome. In many cases, the court will order mediation.
Understand Florida’s Equitable Distribution Rules: Florida is an equitable distribution state, meaning that marital property is divided fairly, though not necessarily equally, during divorce. Courts will consider factors such as the length of the marriage, contributions to the marriage, and each party’s economic circumstances.
Use the Right Legal Guidance: Whether you need a simple uncontested divorce or your case becomes contested, working with a qualified attorney can save time and protect your legal rights. If you are pursuing a divorce, contact Attorney Alison M. Lopes to prepare accurate paperwork and verify that you meet the state’s requirements before filing.
Contact the Law Offices of Alison M. Lopes in Orlando, Florida
Filing for divorce without children in Florida is less overwhelming when you have the right information and legal support. Simplified and uncontested divorces offer pathways for couples to resolve their marriage dissolution efficiently, but they still require careful planning and compliance with Florida divorce laws.
For personalized legal assistance with your divorce, contact Orlando Attorney Alison M. Lopes today at 407-442-2724 for a consultation. Our team is dedicated to helping clients navigate family law matters with clarity and confidence.