Top Five Benefits of An Uncontested Divorce (in 2026)

A divorce can typically be done in two particular ways - it can be done contested or uncontested. Divorce sometimes gets a bad reputation because “divorce” is often associated with long and costly court battles, high and intense emotions that produce conflict among co-parents, and sometimes significant changes in family dynamics. But, this doesn’t have to be the case. Not every divorce case has to follow that path. For many couples, an uncontested divorce offers a more efficient, cost-effective, and amicable way to end a marriage while maintaining greater control over the outcome.

In an uncontested divorce, both spouses are able to reach an agreement by resolving issues outside of a contested courtroom setting, and many couples often find that this alternative (uncontested case) reduce stress, saves time, and they can move forward with greater certainty.

If you and your spouse are considering divorce, understanding the advantages of an uncontested divorce can help you determine whether it is the right option for your family. In this blog, we discuss the top five (5) most significant benefits of an uncontested divorce in Florida.

Notably, it’s important to keep in mind that every family law case is different and distinct depending on the specific facts of your case. Therefore, this blog is merely limited to educational purposes only, and should not be used as legal advise. You should always speak to a licensed attorney regarding your specific and unique circumstances of your family law related case. This blog does not constitute legal advise, nor does it establish an attorney-client relationship.

1. Potential Reduction in Stress-Related Feelings Associated With A Divorce Among The Parties

In an uncontested divorce case, even though you have to file the case with the court, you and the other party have typically already figured out all the issues and you just need the court to essentially review it, make sure everything is fine, and grant the divorce.

In a contested case, you have to file your petition. Then, you serve the other person, next they will have to respond (and possibly file a counter petition), then typically the parties will go through the discovery process that typically involves an exchange of financials, potential depositions, are all typical of a contested case.

However, in an uncontested case, you’ve already figured those things out (i.e. alimony, time-sharing, division of assets and liabilities, etc). You’ve at some point either already exchanged each person’s financials, or you guys already know your financial picture. You guys have already discussed what's going to happen with the minor child or children. You guys might have even discussed what you’re going to need in terms of child support or alimony, in that, despite the courts having some regulation as to how you navigate child support, you guys both know what it is you want out of it. Therefore, you don't have any of the fighting or issues. And when it’s presented to the court, whether by yourselves or through an attorney, all these things are typically already hashed out and it becomes a more flowing process.

Although there may be some degree of stress in an uncontested divorce, it’s typically reduced in comparison to a contested divorce. An uncontested divorce (if possible, depending on your specific and unique family circumstances) can be one of the ways that allow you to accomplish a reduced amount of stress (in comparison to a contested divorce case).

2. Reduction in Legal Fees and Related Expenses

In comparison, a contested case will cost more in legal fees and related expenses than a contested case. This is for a few reasons. First, a contested case involves more disputed issues that come up, and when the parties have more highly disputed issues that they just can’t agree on then the higher likelihood the parties are going to need to be in court more. If you have a lawyer, you may be required to pay a higher retainer, as well as more legal fees associated with potentially multiple court appearance, and potentially more legal fees associated with multiple motions drafted, are just a few ways in which legal fees and related expenses pertaining to a contested case may begin to accumulate and add up.  

However, with an uncontested case, not only is everything typically more streamlined (because you and the other party have typically agreed to many of the major issues), you can have your lawyer potentially handle it on a flat fee basis. Sometimes they still do it as a regular retainer, but other attorneys may handle it on a flat fee basis. Because the issues are less and/or typically been agreed to, and a lot of it’s already figured out, the process is normally cheaper.

Additionally, there is typically the benefit of being able to file the paperwork. If you wanted to file the petition for dissolution of marriage yourself (with the other party), you can do it by filling out the appropriate paperwork (because everything’s agreed to). So long as you can read, and understand the paperwork, you and the other party (together) can file the petition yourselves together.

PRO TIP:  Usually, the circuit courts in Florida have a department, where you can go get the forms yourself. Sometimes you have to pay for it, but you can get the forms, you can fill them out with the other party, and once you’re ready, you can get it submitted.

The Florida Supreme Court has also authorized what are considered standard family law forms that you can also go online and get for free. Now, it does depend on the circuit on whether or not you can file those standard Supreme Court family law forms by yourself (or through a particular department with your applicable circuit court, or if you need an attorney). So make sure to check your particular circuit, the clerk of court, or other necessary circuit court department to get more information on that as every circuit court may have different process and procedures for obtaining the paperwork.

3. Higher Degree of Decision Making

The third benefit to an uncontested divorce versus a contested divorce, is the power of decision making. For example, Florida has its own set of rules and laws as it relates to equitable distribution, alimony, parenting issues, and child support. In a contested case, where the parties are completely unable to agree on any of the issues related to division of assets and liabilities, alimony, parenting issues and child support (if applicable), the parties will typically have to go to trial on issues that remain disputed for which they can not (or are unable to) agree to. That means the judge will generally decide on those matters based on the laws of Florida.

Conversely, in an uncontested case, you get to make those decisions with your partner (a soon-to-be former partner), and together you collaborate and agree upon the issues, which allows you and the other party a degree of control over the decision-making process (with some exceptions, depending on the facts of your case). For example, if you have minor children, you will have to prepare something called a parenting plan, and present it to the judge for review and approval. The court does have to find that those decisions are in the best interest of the child or children. But overall, you get to make those decisions in an uncontested case versus going to trial in a contested case and having a judge decide what it’s going to be.

4. Potential Reduction in Time

The fourth benefit to doing an uncontested divorce versus a contested divorce is the time frames. One of the main questions that we get from potential clients (and clients alike) is how long will the divorce take? Depending on whether the divorce is contested or uncontested, that answer varies.

If a case is contested, the day it’s filed is when the case starts. You would have to get what is called a summons. You’d have to get that summons to a processor or a sheriff. You would have to have that person served. Then you have to wait 20 days minimum for a response. If that person files a counter petition, the other person has 20 days to respond. If you’re keeping up, we’re already looking at approximately 40 days (or so), and that’s before you even get to discovery.

When a case is uncontested, you typically don’t have to serve anyone. Normally you would have the petition and the answer and waiver, as well as any settlement agreements or parenting plans already agreed to from the day you file those documents. We’ve had uncontested cases finalized within a week to a month after that.

5. Reduction of Potential Stress on the Minor Children

One of the biggest things that we can emphasize is that going through a divorce in an uncontested manner, typically minimizes the stress and difficulty in the kids’ lives. But it also should be noted that the parents benefit as well. Even if you don’t have kids, two people who are no longer together, it’s an easier process. You already have enough to go through dissolving a marriage. When parties are able to just come together, decide that they want to move on, separate from the other and do so in an uncontested case, it can have a better impact in each person’s life. We know it sounds a lot more philosophical than legal, but we’ve seen parties go through this, not just as clients, but also as colleagues, friends, family members, and just across the board.

The ones who are able to work together to get divorced in an uncontested fashion are typically far more happier.

CONTACT THE EXPERIENCED MARITAL & FAMILY LAW ATTORNEYS AT THE JOSEPH FIRM, P.A.

Attorney Marck K. Joseph, Esq., BCS is a Board Certified Marital and Family Law expert and the owner of The Joseph Firm, P.A. With almost fifteen (15) years of experience in Martial & Family Law, he is uniquely qualified in helping in most types of family cases, including divorce matters.

If you are involved in a family law matter in Florida, consulting with an experienced family law attorney can help you navigate the legal process while advocating for the best interests of your child. Our law firm fully understands the challenges of navigating marital and family law issues, and we’re always ready to provide the highest-quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing), our attorneys go the extra mile for every client.

Our firm offers free case evaluations to determine whether the firm can assist you with your case, and if we can, a case consultation meeting will be scheduled. The experienced divorce lawyers at Joseph Firm, P.A. are ready to hear your story. We provide smart, aggressive family law representation to clients. To learn more, call (305) 501-0992.