Uncontested Divorce With Minor Children in Florida — What You Need to Know

When children are involved, divorce becomes more complex — even when both parents are in complete agreement. Florida law requires specific documents addressing parenting arrangements before a court will finalize any divorce involving minor children.

What Makes a Divorce With Children Different?

In Florida, any divorce involving minor or dependent children requires a court-approved Parenting Plan before the divorce can be finalized. A Parenting Plan is a detailed document that outlines how parents will share time with their children and how major decisions affecting the children will be made. Both parents must agree to the Parenting Plan before it can be submitted to the court.

What Must a Florida Parenting Plan Include?

• A time-sharing schedule specifying where the children will be on a regular basis, including weekdays, weekends, holidays, and school breaks

• Designation of which parent has primary residence for school enrollment purposes

• How parents will share decision-making authority for major decisions regarding education, healthcare, and extracurricular activities

• How parents will communicate with each other and with the children

• A process for handling schedule changes and disputes

What About Child Support?

Florida uses a statutory formula to calculate child support based on each parent's income, the number of overnights the child spends with each parent, and certain expenses such as health insurance and daycare. Even in an uncontested divorce, child support must be calculated and addressed — and must meet Florida's minimum requirements.

What Other Documents Are Required?

In addition to the Parenting Plan, an uncontested divorce with minor children requires a Financial Affidavit from each party, a Child Support Guidelines Worksheet, a Marital Settlement Agreement addressing the division of assets and debts, and the Final Judgment of Dissolution of Marriage. Florida also requires that parents complete a parenting education course before the divorce is finalized.

Important: Attorney Irizarry represents one party only. The other spouse is encouraged to seek independent legal counsel before signing any agreement.

Have Questions? We Can Help.

Attorney Erica Irizarry offers free, confidential consultations for all family law matters. Call (813) 509-6075 or complete our online intake form to get started today.

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