Uncontested Divorce in Sarasota
An uncontested divorce is the fastest, cheapest, and least stressful way to end a marriage in Florida. If you and your spouse can agree on property division, debt allocation, alimony, child custody, child support, and attorney fees, you can file together and avoid a trial.
At Bragg Family Law, we help Sarasota couples finalize uncontested divorces efficiently. We handle the paperwork, make sure your rights are protected, and guide the case through the court system to a final judgment.
What Makes a Divorce Uncontested?
A divorce is uncontested when both spouses agree on every issue. That means:
- How to divide property and debts
- Whether alimony will be paid, how much, and for how long
- How parental responsibility and time-sharing will work (if you have children)
- How child support will be calculated and paid
- Who pays attorney fees and court costs
If you disagree on even one of these issues, the divorce is contested. You can still resolve it through mediation or collaborative divorce without going to trial, but it is not technically an uncontested divorce.
The Uncontested Divorce Process in Florida
Step 1: Agreement
You and your spouse negotiate the terms, either on your own, with attorneys, or through mediation. The result is a marital settlement agreement that covers property, debt, alimony, and fees. If you have children, you also need a parenting plan covering time-sharing and parental responsibility.
Step 2: Filing
One spouse files the Petition for Dissolution of Marriage with the Sarasota County clerk. The other spouse files an answer and the signed settlement agreement. The filing fee in Sarasota County is approximately $408.
Step 3: Final Hearing
In an uncontested divorce, the court may schedule a brief final hearing where one spouse appears (sometimes by phone) to confirm the agreement. Some Sarasota judges will enter a final judgment without a hearing if the paperwork is complete and the agreement is fair.
Step 4: Final Judgment
The judge reviews the agreement, the parenting plan, and the child support guidelines. If everything is in order, the judge enters a Final Judgment of Dissolution of Marriage. The divorce is final.
How Long Does an Uncontested Divorce Take?
Most uncontested divorces in Sarasota finalize in 2 to 3 months from the date of filing. The timeline depends on how quickly you and your spouse reach an agreement, how complete the paperwork is, and the judge's schedule. In some cases, the court can enter a final judgment in as little as 30 days.
Do I Still Need a Lawyer for an Uncontested Divorce?
You are not legally required to have a lawyer, but it is strongly recommended. Here is why:
- The agreement becomes a court order. Once the judge signs off, the terms are binding. If you agreed to something unfavorable, changing it later is difficult and expensive.
- One lawyer cannot represent both spouses. If your spouse has a lawyer, you need your own. Even in a friendly divorce, your spouse's lawyer is looking out for your spouse, not you.
- Child support must be calculated correctly. Florida has specific guidelines. If the calculation is wrong, the court may reject the agreement or you may owe back support later.
- Property division mistakes are hard to undo. If you forget to disclose an asset or misunderstand what is marital vs. non-marital, you could lose out on property you are entitled to.
We can review your agreement before you sign, handle the filing, and represent you at the final hearing. This is much less expensive than litigating a contested divorce.
What If We Agree on Most Things But Not Everything?
You do not need a fully uncontested divorce to avoid a trial. If you agree on most issues but have one or two disagreements, mediation can resolve the remaining issues without going to court. Many Sarasota couples use mediation to settle the last few items and then file as uncontested.
Frequently Asked Questions
How much does an uncontested divorce cost in Sarasota?
As a general range in the Sarasota market, attorney fees for an uncontested divorce typically run $1,500 to $3,500, plus the court filing fee of approximately $408. Every case is different, so we give you a specific quote at your consultation. Contested divorces cost significantly more.
How long does an uncontested divorce take in Florida?
Most uncontested divorces in Sarasota finalize in 2 to 3 months from filing. Some can be done in as little as 30 days if the paperwork is complete and the judge's schedule allows.
Can one lawyer represent both spouses?
No. A lawyer can only represent one spouse. If your spouse has a lawyer, you need your own attorney to protect your interests. Even in an amicable divorce, your spouse's lawyer is not looking out for you.
Do I have to go to court for an uncontested divorce?
In most cases, only one spouse needs to attend a brief final hearing. Some Sarasota judges will enter a final judgment without any hearing if the paperwork is complete and the agreement is fair.
What if we have children?
You can still file an uncontested divorce, but you must have a complete parenting plan covering time-sharing, parental responsibility, and child support. The court will review the child support calculation to make sure it follows Florida guidelines.
Speak With a Sarasota Uncontested Divorce Attorney
If you and your spouse are ready to move forward amicably, we can help you finalize your divorce efficiently. Call us at (941) 893-1555 or schedule a free consultation.