Attorney Julie Beth Jouben

Is it possible to divorce on amicable terms?

On Behalf of | Jun 11, 2026 | Divorce

Not every marriage ends in conflict. Some couples simply grow in different directions until both reach the same quiet conclusion: the relationship has run its course. If you and your spouse find yourselves in that position, Florida law offers a way to part without turning the process into a battle.

The basics of uncontested divorce

Florida is a no-fault divorce state, which means neither spouse needs to prove wrongdoing. The ground most couples cite is that the marriage has irretrievably broken down, a legal phrase for a relationship that neither spouse can repair.

When both spouses agree on every major issue, the case is considered uncontested. Couples in this situation may qualify for a simplified dissolution of marriage, or they can pursue a regular dissolution supported by a signed settlement agreement.

Additionally, at least one spouse must have lived in the state for six months before filing. Beyond that, an uncontested case asks far less of you than a contested one in time, expense and emotional energy.

The terms of your agreement

An uncontested divorce requires you and your spouse to reach a genuine understanding about the terms of your separation. Before filing, it helps to talk through each of the following:

  • Division of marital assets, including the home, vehicles, savings and retirement accounts
  • Responsibility for shared debts such as mortgages, loans and credit card balances
  • Alimony, including whether either spouse will receive support and for how long
  • Parenting arrangements and child support, if you have children together

Once you settle these points, you can record them in a written marital settlement agreement. That document becomes part of your case and gives the court a clear picture of both parties intend.

Mediation as a low-conflict option

Even couples who part on friendly terms can hit a sticking point or two. A disagreement over a single account or a piece of property does not have to derail an otherwise peaceful process.

Mediation offers a structured way to work through those differences. A neutral mediator sits with both parties, guides the conversation and helps you search for middle ground without taking sides. The discussions generally remain confidential, which allows you and your spouse to speak openly without worrying that your standard settlement negotiations will surface in court later.

Paperwork, timelines and final approval

To start the divorce proceedings, you will need to file a petition for dissolution of marriage with the circuit court clerk in the county where you and your spouse last lived together as a married couple, or where your spouse currently lives. You typically submit your settlement agreement and financial affidavits along with it.

Florida law builds in a short waiting period, so a judge cannot enter a final judgment until at least 20 days after the filing date. Many uncontested cases conclude within about a month, while contested divorces can stretch across a year or more.

The last step is usually a brief final hearing. In a simplified dissolution, both spouses appear together, the judge reviews the paperwork and the signed final judgment dissolves the marriage.

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