Whether or not your divorce would be uncontested or not will depend upon what kind of response, if any, your spouse files to the action, and what kind of relief, if any, they seek in their filing. There is no such thing as a legal separation in Florida, however, if you were legally separated in another State that recognizes this status, then Florida may generally recognize it too. You would generally want to file an action for dissolution of marriage, serve it on your spouse, and if they are willing to enter into a settlement agreement indicating that there are no issues in dispute between you, there are no minor children, no jointly owned real property, no one is seeking alimony or spousal support, and you have already divided up your personal property, then you can proceed with an uncontested dissolution of marriage. If you can locate them and all of the foregoing is true, then you can jointly file a simplified dissolution of marriage, but you will both have to appear for the final hearing. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Jul 16th, 2015 at 12:27 PM