Uncontested Divorce Lawyer Miami | Simple Divorce

An uncontested divorce occurs when both spouses agree on all major issues, including the division of property and debts, alimony, child custody, time-sharing schedules, and child support. Because there are no disputes requiring court resolution, the process is significantly faster, less expensive, and less emotionally taxing than a contested divorce.

At Lacayo Law Firm, our Miami divorce attorneys guide clients through uncontested divorces efficiently while ensuring that all agreements are fair, comprehensive, and legally enforceable. Even when both parties agree, having experienced legal counsel protects you from overlooking important issues — retirement accounts, tax consequences, hidden debts, or vague parenting language — that could create expensive problems in the future.

Online divorce forms and DIY kits may look cheaper, but rejected filings and unenforceable agreements routinely cost more to fix than doing it right the first time. An uncontested divorce lawyer in Miami drafts your Marital Settlement Agreement and parenting plan to meet the exact requirements of the Miami-Dade family courts, so your case moves through the system without delays or repeat hearings. If your divorce turns contested along the way, our Miami divorce lawyers are ready to protect you in litigation as well.

Your case starts with a free consultation in English or Spanish. We confirm that an uncontested approach fits your situation, quote a clear fee in writing, and tell you exactly how long each step will take.

Requirements

What You Need for an Uncontested Divorce

Several conditions must be met for your divorce to proceed on an uncontested basis.

Full Agreement

Both spouses must agree on all issues including property division, alimony, child custody, and support before filing.

Marital Settlement Agreement

A comprehensive written agreement covering every aspect of the divorce must be drafted, reviewed, and signed by both parties.

Florida Residency

At least one spouse must have been a Florida resident for at least six months before filing the petition for dissolution.

Financial Disclosure

Both spouses must provide complete financial disclosure. Florida law requires full transparency about income, assets, and debts.

Parenting Plan (If Children)

If minor children are involved, a complete parenting plan addressing time-sharing and parental responsibilities must be submitted.

Voluntary Participation

Both spouses must participate voluntarily. If one spouse is being pressured or coerced, the divorce cannot properly proceed as uncontested.

The Process

How an Uncontested Divorce Works

The streamlined process allows you to finalize your divorce in weeks, not months.

Initial Consultation

We review your situation, confirm that an uncontested approach is appropriate, and explain the process and costs. If both spouses agree on all terms, we begin preparing documents immediately.

Drafting the Settlement Agreement

Our attorneys draft a comprehensive Marital Settlement Agreement covering property division, debt allocation, alimony, and parenting arrangements. Both parties review and sign the agreement.

Filing the Petition

We file the Petition for Dissolution of Marriage along with the signed settlement agreement and all required financial disclosures with the court. The other spouse is served or waives formal service.

Final Hearing

A brief final hearing is scheduled before a judge. In many uncontested cases, only one spouse needs to appear. The judge reviews the agreement, confirms it is fair and voluntary, and enters the final judgment.

Common Questions

Uncontested Divorce Lawyer Miami: Frequently Asked Questions

What makes a divorce uncontested in Florida?

A divorce is uncontested when both spouses agree on every major issue, including the division of assets and debts, alimony, child custody and time-sharing, and child support. Because there are no disputed matters requiring judicial resolution, the court process is streamlined and significantly faster than a contested proceeding.

How long does an uncontested divorce take in Florida?

An uncontested divorce can typically be finalized in four to six weeks after filing, depending on the court's schedule. A simplified dissolution may be completed even faster. The key to a quick resolution is having all documents properly prepared and both parties ready to cooperate throughout the process.

How much does an uncontested divorce cost in Miami?

Uncontested divorces are significantly less expensive than contested proceedings because they avoid lengthy litigation, discovery, depositions, and trial. Many uncontested divorces can be handled for a predictable flat fee, plus the court filing fee. Contact our office for a free consultation — we quote transparent pricing in writing before you commit to anything.

Do both spouses have to go to court for an uncontested divorce?

In most uncontested cases, only one brief final hearing is required, and often only one spouse needs to appear. In a simplified dissolution of marriage, both spouses must attend the final hearing together. Some Miami-Dade judges also permit remote appearances. We prepare you for exactly what your judge requires so there are no surprises.

What is a simplified dissolution of marriage?

A simplified dissolution is a streamlined divorce option for couples who meet specific criteria: no minor children, the wife is not pregnant, both spouses agree on the division of all property and debts, and neither spouse seeks alimony. Both spouses must appear together at the final hearing. Neither party may appeal the final judgment in a simplified dissolution.

What documents do I need for an uncontested divorce in Florida?

You will typically need a petition for dissolution of marriage, a Marital Settlement Agreement, financial affidavits from both spouses, a parenting plan if you have minor children, and a completed child support guidelines worksheet. One spouse must also prove Florida residency for at least six months, usually with a driver's license or voter registration. We prepare and file every document for you.

Do I still need a lawyer for an uncontested divorce?

While not legally required, having an attorney is strongly recommended even in uncontested cases. An experienced lawyer ensures your Marital Settlement Agreement is comprehensive, legally enforceable, and adequately protects your rights. Errors or omissions in the agreement can lead to costly legal problems in the future. An attorney also ensures all court filings are properly completed.

Can both spouses use the same lawyer for an uncontested divorce?

No. An attorney can only represent one spouse — even in the friendliest divorce, the two parties’ interests are not identical. One spouse hires the attorney to prepare and file everything correctly, and the other may proceed without counsel or have their own lawyer review the agreement. We make the process smooth and efficient whether your spouse is represented or not.

Miami Uncontested Divorce Lawyer