The True Cost of a Florida Divorce: What to Expect if Both Parties Agree

If both parties agree on the terms of their divorce in Florida, it may seem like a simple process, but there are still financial aspects to consider. Even in an uncontested divorce, where both parties are cooperative, there are multiple factors that can influence the total cost. Understanding the fees involved, how they add up, and what you may be able to avoid can make a significant difference to your wallet.

Let’s break it down step by step, but first, here’s the bottom line:

Initial Filing Fees

In Florida, the cost to file for divorce starts with a court filing fee, which varies slightly by county but is generally around $400-$450. This is a non-negotiable fee that every couple must pay when they file for divorce, even if they agree on all terms.

Attorney Fees – Optional but Common

Many couples wonder if they need an attorney. In an uncontested divorce, hiring an attorney is not mandatory, but many couples choose to consult with one to ensure that everything is done correctly. On average, if you choose to hire a divorce attorney for an uncontested case, legal fees range from $500 to $2,000, depending on the complexity of the case, including the division of assets, child custody agreements, and so on.

For those who go the attorney-free route, Florida offers do-it-yourself divorce kits and resources to guide you through the paperwork. However, it’s crucial to ensure that everything is properly documented to avoid legal issues later.

Mediator Costs – A Useful Tool

In some cases, even couples who agree on most terms may need help negotiating finer details, especially regarding finances or parenting plans. A mediator can help both parties reach an agreement without going to trial. Hiring a mediator typically costs between $100 and $300 per hour, and most uncontested cases can be resolved in 5-10 hours, putting the total mediator cost between $500 and $3,000.

Court Costs Beyond Filing Fees

Beyond the initial filing fee, you might encounter additional court costs if your case involves extra steps, like modifying existing agreements or dealing with more complicated paperwork. These could add another $50 to $200 to your total expenses.

Service Fees and Other Miscellaneous Costs

Florida law requires that the spouse being served with divorce papers be officially notified. If you need to hire a process server to deliver the papers, it typically costs between $50 and $100, depending on your location. Alternatively, if both parties agree, this fee can be avoided by signing a waiver of service.

Certified copies of your divorce decree, which are required by various government agencies and financial institutions, usually cost $5-$10 per copy, depending on the county.

Potential for Hidden Costs

While these costs represent the typical expenses for an uncontested divorce in Florida, unexpected costs can arise. For instance, if you discover undisclosed assets, need further negotiation, or if a spouse later disputes the agreement, you might face additional legal costs.

Is It Possible to Get a Divorce for Free?

Technically, no. The court’s filing fee is unavoidable, but if you qualify for a fee waiver due to low income, you may be able to bypass this cost. Additionally, by using free legal aid or handling the process entirely yourself, you can avoid attorney fees altogether.

To qualify for a fee waiver, both parties must demonstrate financial hardship by filing the necessary paperwork with the court.

Total Cost Estimate for an Uncontested Divorce in Florida

Let’s summarize the potential costs you could incur:

Expense Type	Cost Range
Court Filing Fee	$400 - $450
Attorney Fees (optional)	$500 - $2,000
Mediator Fees (optional)	$500 - $3,000
Process Server Fees	$50 - $100
Miscellaneous Court Fees	$50 - $200
Certified Copies	$5 - $10 per copy

For a straightforward, uncontested divorce, you’re likely looking at $500 to $4,000 in total expenses, depending on whether you use an attorney or mediator and the complexity of your situation.

Now that you understand the numbers, let’s dive into the process of an uncontested divorce in Florida.

Step 1: Meeting the Residency Requirement

Before filing for divorce in Florida, at least one spouse must have lived in the state for a minimum of six months. This is a standard requirement that cannot be waived.

Step 2: Filing the Petition

The process officially begins when one spouse, known as the petitioner, files the “Petition for Dissolution of Marriage” with the county court. This is where the filing fee comes into play. Once the petition is filed, the other spouse must be served with the papers, unless they agree to waive service.

Step 3: Reaching an Agreement

Both spouses need to agree on key terms, including how to divide property and debt, child custody arrangements, child support, and alimony. For couples who have already discussed these matters and are in agreement, this step can be straightforward.

It’s important to have these agreements in writing and approved by the court to ensure that they are enforceable later on.

Step 4: Filing the Marital Settlement Agreement

Once both parties have agreed on the terms, they can draft a Marital Settlement Agreement. This document outlines all the terms of the divorce and must be submitted to the court for approval.

Step 5: Finalizing the Divorce

Once the Marital Settlement Agreement is filed, the court will schedule a final hearing. At this hearing, the judge will review the agreement, confirm that both parties agree to its terms, and issue a Final Judgment of Dissolution of Marriage.

If all goes smoothly, this can be completed in a matter of weeks, making it a much faster process than a contested divorce.

Benefits of an Uncontested Divorce

The primary benefit of an uncontested divorce is the lower cost compared to a contested divorce, which can easily run into the tens of thousands of dollars. Additionally, the process is typically faster and less stressful for both parties, especially if children are involved.

However, both parties must be fully committed to cooperation for this process to work effectively. Even small disagreements can lead to complications and additional costs, so it’s important to approach the process with an open mind and a willingness to compromise.

Conclusion: Is an Uncontested Divorce the Right Choice for You?

If both you and your spouse can communicate effectively and agree on the terms of your divorce, an uncontested divorce can save you significant time and money. However, it’s essential to be aware of the costs that are still involved and ensure that you follow all legal procedures carefully to avoid complications later.

By understanding the cost breakdown and the steps involved, you can make informed decisions that benefit both you and your spouse as you navigate the process of ending your marriage.