Uncontested Divorce

Divorce can be messy, but it doesn’t have to be. In Fort Myers, an uncontested divorce is your ticket to a quicker, less stressful end to your marriage. No long court battles. No endless legal fees. Just you, your spouse, and a mutual agreement on all the tough stuff—like splitting assets, handling alimony, and, if you’ve got kids, figuring out parenting plans. But how exactly does it work, and are you truly prepared for the legal requirements?

At Bergermann Law Firm, we’ve seen it all. Whether you’re ready to take that final step or still deciding if an uncontested divorce is right for you, we’re here to help you navigate the process with confidence. Let’s dive into some frequently asked questions.

1. What Is an Uncontested Divorce?

An uncontested divorce in Florida means both parties agree on all major aspects of the divorce. That’s right—everything. From who gets the house to how much alimony is paid. But here’s the kicker: even one disagreement can shift the entire process into a contested divorce, which is far more time-consuming and expensive.

According to Florida Statute 61.052, a marriage can be dissolved if it’s deemed “irretrievably broken” and if both parties come to an agreement on all settlement terms. No drama, just resolution. But if disputes arise, brace yourself. You might be looking at months, even years, in court.

2. How Are Assets Divided in an Uncontested Divorce?

In Florida, the law follows an equitable distribution model. That doesn’t mean a straight 50/50 split—it means “fair.” Sounds simple, right? Well, not always. According to Florida Statute 61.075, all marital property (everything you’ve earned, bought, or acquired together during the marriage) is subject to this rule. Non-marital assets—such as an inheritance you received—are yours to keep.

Got a 401(k) or pension plan? That’s where things can get tricky. Retirement assets often require a Qualified Domestic Relations Order (QDRO) to avoid tax penalties when splitting them between spouses. At Bergermann Law Firm, we make sure you don’t lose out on what’s legally yours.

3. What About Parenting Plans Child Custody and Child Support?

If you’ve got kids, child custody and parenting plans child custody can’t be ignored, even in an uncontested divorce. Florida law prioritizes the “best interests of the child,” as outlined in Florida Statute 61.13. This means the court requires a Parenting Plan—and no, you can’t skip this step. Both parents need to agree on who gets the kids when, who makes decisions about their health and education, and how much child support is paid.

But here’s the bonus of an uncontested divorce: if you can agree on these terms, the court usually gives you the green light, fast. No drawn-out custody battle. Just a court-approved plan to move forward.

4. Do I Still Need a Court Hearing?

Even if you and your spouse are on the same page, the court still needs to finalize the divorce. Don’t worry, though—it’s usually a formality. In an uncontested divorce, both parties attend a brief hearing where the judge reviews the settlement agreement, ensuring it complies with Florida law.

Per Florida Statute 61.021, the mandatory minimum waiting period for divorce is 20 days from the date of filing. Once the judge signs the Final Judgment of Dissolution of Marriage, you’re officially divorced. Quick and painless, right? Well, as long as you’ve got your paperwork in order.

5. How Long Does It Take to Finalize?

You could be divorced in as little as four weeks, depending on the complexity of your case. If both parties are cooperative, uncontested divorces typically move faster than their contested counterparts, which can drag on for months or even years. Timing depends on how quickly both sides sign the settlement agreement and submit all necessary documents.

Florida’s divorce statutes make it clear—speed and efficiency are the benefits of an uncontested divorce. But don’t rush things just for the sake of getting it done. You want a solid agreement that works for both parties.

Ready for a Divorce That Works for You?
At Bergermann Law Firm, we know that divorce isn’t easy—but we also know it doesn’t have to be painful. If you’re ready to take control of your future and avoid the long, expensive road of contested divorce, let’s talk. We’re here to guide you through every step of the uncontested process, ensuring that your rights—and your peace of mind—are protected.

Contact us today and let’s make sure your divorce is done right. You deserve to move on without the stress.