By Attorney Francis M Boyer Last fact-checked: May 2026
Quick Summary: Hiring an uncontested divorce attorney is not only about finding someone who can file paperwork. You need to know what the flat fee covers, where your case will be filed, how your agreement will be drafted, what happens if your spouse changes their mind, and whether the attorney understands the court process in your county.
Key Takeaways
- Flat fee scope: A flat fee should come with a written scope of work. Ask what is included, what is excluded, and what could increase the cost.
- Filing strategy: Your attorney should know which circuit and county clerk will handle your case, whether a hearing is likely, and what local filing steps apply.
- Conversion risk: An uncontested divorce can become contested before the final judgment is signed. Ask what happens to your fee if that occurs.
- Legal timeline: Florida has a 20-day waiting period before a final judgment of dissolution can be entered, with limited exceptions. No attorney controls the judge’s calendar.
- Document review: The person who takes your call may not be the person drafting your Marital Settlement Agreement. Ask who will prepare and review the final documents.
You and your spouse agree on the divorce. That is a strong start, but it does not mean every attorney will handle the case the same way.
An uncontested divorce still has moving parts: the petition, financial disclosures, Marital Settlement Agreement, parenting plan, child support, property division, and final judgment. If one piece is missing, unclear, or filed incorrectly, the case can slow down fast.
The right questions help you see whether the attorney understands Florida’s process, explains fees clearly, prepares complete documents, and spots issues before they turn into delays or extra costs.
These seven questions help you find out whether an uncontested divorce attorney can keep the process clear, properly filed, and priced the way you expected.
Question 1: Do you regularly handle uncontested divorces in Florida?
An attorney who “does divorce” is not the same as one who runs their practice on uncontested cases. Uncontested divorce depends on clean documents, accurate financial disclosures, proper filing, and a settlement agreement the court will approve.
A good answer is specific. The attorney should be able to tell you how often they handle uncontested cases, what usually causes delays, and what they look for before confirming your case is actually uncontested.
Be careful with anyone who treats uncontested divorce as “just paperwork.” The paperwork is the case. An agreement that fails to address property, debt, support, and parenting time may not protect you later, even if you both agreed at the start.
Ask this directly: “Do you regularly handle uncontested divorce cases in Florida, and what can complicate these kinds of cases?”
Question 2: What is your flat fee, and what is not included?
A flat fee is only helpful if you know what it covers. Before you hire a Florida uncontested divorce attorney, ask for the scope in writing.
Most flat fees cover the petition, Marital Settlement Agreement, financial affidavit, e-filing, and one final hearing if required. The exclusions matter just as much: custom parenting plans, retirement account division, real estate transfers, QDRO preparation, mediation, or extra work if your spouse changes terms.
A vague quote is a warning sign. If the attorney says “we will figure it out later,” that is not a flat fee. That is an open-ended arrangement with a softer name. The engagement letter should say what is in scope, what is out, and what happens if the case becomes contested.
Ask this directly: “What does your flat fee include, and what would trigger an additional charge?
Question 3: How long will my Florida uncontested divorce realistically take?
Florida law generally requires at least 20 days between filing the petition and entry of the final judgment, unless the court shortens that delay. That does not mean every case finishes in 20 days.
The real timeline depends on your county, the court’s calendar, whether you have minor children, and whether documents are complete. Cases without children may close without a formal hearing in some counties. Cases with children usually involve more review for parenting terms and the required parent education course.
Be careful with anyone guaranteeing a 30-day divorce. A lawyer can prepare quickly and file in the right court. They cannot force a judge to sign on a specific date.
Ask this directly: “What is the realistic timeline in my county, and what could delay the final judgment?”
Question 4: Where will you file my case, and what court will it go to?
This question tells you whether the attorney actually understands where your case belongs.
Florida has 20 judicial circuits. Your divorce is filed in the circuit court for your county of residence. Jacksonville cases go to Duval County and the 4th Judicial Circuit. Miami cases go to Miami-Dade County and the 11th Judicial Circuit. Orlando-area cases commonly go to Orange County and the 9th Judicial Circuit.
Different clerks have different procedures for scheduling hearings. Florida divorce filings go through the Florida Courts E-Filing Portal, but the county clerk still controls the next steps.
The red flag is when an attorney cannot explain the basic filing path. Filing in the wrong place creates delay and extra cost.
Ask this directly: “Which county and circuit will handle my case, and what does that court usually require for uncontested divorces?”
Question 5: What happens if my spouse changes their mind partway through?
This is one of the most important questions in the consultation.
An uncontested divorce depends on agreement. If your spouse changes their mind about property, debt, parenting time, support, or any major term before the final judgment, the case may no longer be uncontested.
Florida is a no-fault state, so dissolution may be based on the marriage being irretrievably broken. The divorce can still go forward, but disputed terms can stall it.
Ask what happens to your flat fee if the case converts. Some attorneys credit it toward an hourly retainer. Others require a new retainer. Either answer is fine, as long as it is clear before you hire.
Ask this directly: “If my spouse changes their mind, what happens to my flat fee and who handles the case from that point?”
Question 6: Who will actually handle my case?
The attorney you meet with is not always the one who does the work. Paralegals often prepare standard uncontested divorce documents, and that is not automatically a problem.
The real issue is whether an attorney reviews the documents before filing, especially when the case has anything beyond the simplest facts. Real estate, retirement accounts, business interests, alimony, or minor children are all reasons attorney review matters.
A standard agreement may work for a short marriage with few assets and no children. It may not work when the divorce includes a mortgage, retirement division, or a spouse keeping the marital home.
Ask this directly: “Who drafts my documents, who reviews them, and who appears in court if a final hearing is required?”
Question 7: How will you handle property division and parenting terms?
“We agree” is not enough. The agreement still has to be clear, complete, and legally workable.
Florida’s equitable distribution statute requires the court to start from the premise that marital assets and liabilities are divided equally, unless there is a justification for unequal distribution. Your Marital Settlement Agreement should identify what is marital, what is nonmarital, who receives which assets, and who pays which debts.
Parenting terms need the same care. The plan should cover time-sharing, decision-making, school schedules, holidays, and how changes are handled. Florida also requires both parents to complete an approved Parent Education and Family Stabilization course.
This is where an uncontested divorce attorney should slow down. If the attorney treats every agreement as a fill-in-the-blank form, ask how they handle details that do not fit a template.
Ask this directly: “How will you make sure our property division and parenting terms are specific enough for the court and for life after divorce?”
What a Florida Uncontested Divorce Flat Fee Covers and What It Does Not
Most uncontested divorce attorneys quote a flat fee for a defined scope. “Flat” does not mean unlimited. The items most likely to fall outside the flat fee are the ones that need separate legal work or extra documents.
| Usually included in the flat fee | Usually charged separately |
|---|---|
| Petition for dissolution drafting | Mediation if your spouse needs more negotiation |
| Standard Marital Settlement Agreement | QDRO for retirement account division |
| Financial affidavit preparation or review | Quitclaim deed or real estate transfer documents |
| E-filing through the court portal | Custom parenting plan beyond standard terms |
| One final hearing if required | Extra work if the case becomes contested |
Boyer Law Firm puts the scope of work in writing before any retainer. If your case has retirement accounts, real estate, minor children, or a business interest, ask what is inside the flat fee and
what is not.
Talk to an Uncontested Divorce Attorney at Boyer Law Firm
You already did the hard part: you and your spouse reached an agreement. Now the paperwork has to protect that agreement instead of creating new problems.
Boyer Law Firm helps clients in Jacksonville, Miami, Orlando, and throughout Florida with uncontested divorce matters. The firm prepares Marital Settlement Agreements, handles court filings, reviews property and parenting terms, and puts the scope of work in writing so you know what is included.
If you want the case handled cleanly from the start, schedule a consultation with a Florida uncontested divorce attorney at Boyer Law Firm.
About the Author: Francis M. Boyer is the founding attorney of Boyer Law Firm and a Board Certified Specialist in International Law by The Florida Bar. He is licensed in Florida and New York and has handled international family law cases across the Americas, Europe, and Africa for over 18 years.
FAQs About Uncontested Divorce in Florida
How much does an uncontested divorce attorney in Florida cost?
An uncontested divorce attorney may charge a flat fee, but the amount depends on the case scope. Children, real estate, retirement accounts, business interests, alimony, or extra settlement revisions can increase the work. Always ask what the flat fee covers before signing a retainer.
Do I have to go to court for an uncontested divorce in Florida?
It depends on your county and whether minor children are involved. Some uncontested cases without children can be handled without a formal court appearance if the paperwork qualifies. Cases with children often require a short final hearing so the judge can confirm required facts and parenting terms.
How long does an uncontested divorce take in Florida?
Florida law generally requires at least 20 days after filing before a final judgment can be entered, unless the court shortens the delay for a legally valid reason. The full timeline depends on the county, judge availability, document accuracy, signatures, and whether children are involved.
Can my uncontested divorce become contested?
Yes. An uncontested divorce can become contested if either spouse disputes property, debt, parenting time, child support, alimony, or another required term before the final judgment is signed. Ask your attorney what happens to your flat fee if the case changes direction.
Can I get an uncontested divorce in Florida without a lawyer?
Legally, yes. But mistakes in financial affidavits, parenting plans, settlement language, property transfers, or final judgment paperwork can delay the case or create problems after divorce. Fixing a poorly drafted agreement later often costs more than doing it correctly the first time.