Do You Have to Go to Court for Divorce in Florida?

In Florida, you may not need to go to court to get divorced, especially if your divorce is uncontested or handled through a collaborative process. If you and your spouse agree on all the terms, your paperwork can be submitted directly to the court. In some cases, a short final hearing is required, but it is often virtual and only takes a few minutes. Contested divorces usually require more court involvement, but even those can sometimes be finalized without a traditional courtroom appearance.

Do You Have to Go to Court for a Divorce?

Understanding how the divorce process works will help you feel more confident and prepared. One of the most common questions people ask when considering divorce in Florida is this: Do I have to go to court?

The good news is that the answer depends on your situation and in many cases, you may not need to appear in court at all.

Uncontested and Collaborative Divorce

If you and your spouse agree on all the key aspects of your divorce, like how to divide your property, handle parenting time, and manage support, you may have an uncontested divorce. In this situation, the process is often simpler and quicker.

Sometimes, the only court appearance required is a brief final hearing, which usually lasts about five minutes. A judge may ask you a few questions to confirm that your marriage is irretrievably broken and that the court has jurisdiction to finalize the divorce. In many Florida counties, this hearing can be held virtually, saving you a trip to the courthouse.

If you choose a Collaborative Divorce, the process is even more streamlined. In a Collaborative Divorce, you, your spouse, and your attorneys work together from the start to create:

• A parenting plan (if you have children)
• A marital settlement agreement
• All required legal documents, including the final judgment

Once everything is agreed upon and signed, your attorney will submit the paperwork to the court. In many uncontested Collaborative Divorce cases, no court appearance is required at all. The judge simply reviews the documents and finalizes the divorce.

What Happens in a Contested Divorce?

If you and your spouse cannot agree on one or more issues, your divorce becomes contested. That typically means court hearings are necessary to resolve the disputes.

However, even in contested divorces, if you reach a settlement at Mediation, some judges may allow what’s called an “ex parte waiver.” This means you do not have to appear in person; the judge can finalize your divorce electronically through e-filing. You may still need a short virtual hearing, but it is far less stressful than a full trial.

Keep in mind: the more conflict there is, the more likely you will need multiple court dates and the longer and more expensive the process becomes.

Key Takeaways

• If your divorce is uncontested, you may only need a short virtual hearing or no hearing at all.
• If you choose Collaborative Divorce, your attorneys can submit everything without you going to court.
• If your divorce is contested, you may have to appear in court unless a settlement is reached and a waiver is granted.
• Virtual hearings and electronic filing have made the divorce process more accessible than ever.

FAQs

Q1: Can I avoid court if my spouse and I agree on everything?
Yes. If your divorce is uncontested or collaborative, and all paperwork is properly submitted, you may not have to appear in court at all or may only need a short virtual hearing.

Q2: What is a Collaborative Divorce?
A Collaborative Divorce is a private, team-based process where both spouses and their attorneys work together to reach a full agreement outside of court. It is less stressful and more family-focused than traditional litigation.

Q3: What if I want to avoid going to court, but my spouse does not cooperate?
If your spouse is uncooperative, your divorce may become contested, which typically involves court. However, Mediation or legal negotiation may still help you reach an agreement and avoid a full trial.

About Zaneta Matthews

Zaneta Matthews is a family law attorney based in Orlando, Florida. She helps clients navigate divorce with clarity, compassion, and a focus on minimizing stress. As a member of Collaborative Divorce Central Florida and the Florida Academy of Collaborative Professionals, she is dedicated to peaceful, efficient, and respectful resolutions.

📞 Want to avoid going to court for your divorce? Call Zaneta Matthews at (407) 630-8959 to schedule a consultation.