Divorce with Children by Summons in Florida
If you have minor children and your spouse can be located but will not sign or cooperate before filing, you may still be able to start a Florida divorce by having your spouse formally served with a summons and the required divorce documents.
A summons is a method of providing formal notice. It does not necessarily mean that the divorce will remain contested. After service, your spouse may respond and dispute the case, you may later reach an agreement, or default procedures may become relevant if your spouse does not respond.
Because children are involved, the case must also address applicable matters such as a parenting plan, parental responsibility, time-sharing, child support, financial information and the required parenting course.
Important: A final hearing is required in the summons-with-children process handled by Divorce in Florida Online. The court determines whether an appearance will be remote or in person and what documents or evidence will be required. No hearing format, completion date or result is guaranteed.
Is Summons the Right Divorce Path?
The appropriate filing path generally depends on whether your spouse can be located and whether both spouses will participate voluntarily.
| Your situation | Potential pathway | Learn more |
|---|---|---|
| Your spouse can be located but will not sign or participate voluntarily. | Divorce by summons | Continue reading this page. |
| You genuinely cannot locate your spouse after meaningful search efforts. | Divorce by publication may need to be considered | Read about divorce with children by publication. |
| Both spouses agree on all necessary issues and will participate and sign. | Mutual-agreement divorce | Read about mutual-agreement or uncontested divorce with children. |
This comparison identifies common pathways but does not determine which procedure is legally appropriate in a particular case. If you need a broader overview of the issues that arise when parents divorce, visit our Florida divorce-with-children guide.
What Is a Divorce With Children by Summons?
A divorce with children by summons in Florida is a dissolution case involving minor or dependent children in which one spouse files the case and the other spouse receives formal notice through service of a summons and the initial divorce documents.
Summons describes how the other spouse is formally brought into the case. It does not, by itself, determine whether the divorce is contested, agreed or eventually resolved through default procedures.
A summons process may be relevant when:
- Your spouse refuses to sign the initial divorce documents.
- Your spouse does not want to participate voluntarily.
- You agree that the marriage should end but have unresolved parenting or financial issues.
- Your spouse can be located for formal service but does not respond to calls or messages.
- You need to begin the case before knowing whether your spouse will respond or cooperate.
The key distinction is that your spouse’s location is known or can be determined for legally sufficient service. If you cannot locate your spouse, publication is not automatically available; legally sufficient search efforts may first be required.
Does My Spouse Have to Sign Before I File?
No. A spouse’s voluntary signature or permission is not necessarily required for the other spouse to start a Florida dissolution case.
When both spouses are not signing together before filing, one spouse may file the initial documents and arrange for the other spouse to be formally served. Service gives the responding spouse notice of the case and an opportunity to participate.
The divorce does not become final merely because the petition was filed or the summons was served. The required parenting, financial and procedural issues must still be addressed, and the marriage remains legally intact until a judge signs the Final Judgment of Dissolution of Marriage.
Filing, Issuance of the Summons and Service Are Separate Steps
The following events should not be treated as one action:
- Filing: The initial divorce documents are filed in the appropriate circuit court.
- Issuance: The clerk issues a summons for the responding spouse.
- Service: The summons and required initial documents are delivered through a legally authorized method.
- Proof of service: The completed return of service is filed with the court.
Florida law establishes requirements for service of original process. Service is generally completed by a sheriff or another person legally authorized to serve process—not by the spouse who filed the case. Review Florida Statutes section 48.031 for the current statutory requirements.
For a broader explanation of formal service, responses and default procedures, read our Florida divorce-by-summons guide.
What Happens After Your Spouse Is Served?
Under the generally applicable Florida family-law response rule, the responding spouse ordinarily must serve an answer within 20 days after service of the original process and initial pleading. Court orders, the method of service or other procedural circumstances may affect a deadline.
Divorce in Florida Online cannot calculate an individual response deadline or advise either spouse how to answer. Anyone uncertain about a deadline or required response should consult the clerk for procedural information or a licensed Florida attorney for legal advice.
After service, the case commonly follows one of three paths.
1. Your Spouse Responds and Disputes Issues
Your spouse may respond and disagree with some or all of the requested parenting, support, property, debt, alimony or other terms.
The case may then involve financial disclosure, additional pleadings, mediation, hearings, discovery or other court procedures. If the spouses do not resolve the disputed issues, a judge may ultimately need to decide them.
2. Your Spouse Responds and You Later Reach an Agreement
A divorce that begins by summons does not necessarily remain contested.
The spouses may reach a complete or partial agreement after exchanging information, discussing the issues independently or participating in mediation. If they reach an agreement, settlement documents may be prepared using the terms they have supplied.
Any proposed parenting plan, child-support arrangement or settlement remains subject to judicial review and approval.
3. Your Spouse Does Not Respond
If a properly served spouse does not respond within the applicable time, it may be possible to request a default. A default is not automatic merely because the response period expires.
A default also does not:
- Automatically finalize the divorce
- Automatically award everything requested in the petition
- Automatically terminate the other parent’s parental rights
- Eliminate the required parenting, support or financial documents
- Eliminate the court’s responsibility to review the case
The appropriate default procedure depends on the case. In the summons-with-children process handled by Divorce in Florida Online, additional documents and a final hearing are required before the judge can decide whether to enter a Final Judgment.
What Must Be Addressed When Children Are Involved?
A summons divorce involving children requires more than formally serving the other spouse. The case must also address the applicable children-related and financial requirements.
Parenting Plan
A proposed parenting plan generally addresses parental responsibility, the time-sharing schedule, healthcare, education, communication, exchanges and other parenting arrangements.
If the parents agree, their proposed plan may be documented and submitted for judicial review. If they do not agree, unresolved parenting issues may need to be addressed through mediation or decided by the court.
Florida law requires the court to decide parenting matters according to the child’s best interests. Florida also has a rebuttable presumption concerning equal time-sharing, but equal time-sharing is not automatic or guaranteed. Read Florida Statutes section 61.13 and our guide to Florida parenting-plan requirements.
Child Support
Florida’s child-support guidelines generally use both parents’ financial information and applicable child-related expenses. The time-sharing schedule may also affect the calculation.
An agreement between the parents does not automatically eliminate child support or prevent judicial review. The court reviews the proposed amount and any requested deviation from the guidelines.
For more information, read our guide to Florida child support in a divorce. The statutory guidelines appear in Florida Statutes section 61.30.
Financial Information and Disclosure
The case may require financial affidavits, child-support worksheets, supporting financial documents and other disclosure. The applicable requirements may depend on the issues, court rules, court orders and any legally effective agreement concerning disclosure.
Divorce in Florida Online can prepare permitted documents using the complete and truthful financial information supplied by customers. We cannot advise someone to omit information or determine what position a person should take in a financial dispute.
Parent Education and Family Stabilization Course
Both parents complete the approved four-hour Parent Education and Family Stabilization Course in the summons-with-children process handled by Divorce in Florida Online.
Florida law generally requires parties to a dissolution involving minor children to complete an approved course unless the court excuses a party for good cause. The course must be approved by the Florida Department of Children and Families. Review Florida Statutes section 61.21.
View the approved Florida parenting course used by our customers →
Florida Divorce Residency and Jurisdiction Over Children Are Different
At least one spouse must have resided in Florida for the six months immediately before the divorce petition is filed. This is Florida’s general dissolution-residency requirement under Florida Statutes section 61.021.
Satisfying the divorce-residency requirement does not automatically establish Florida’s authority to make an initial parenting determination.
Jurisdiction over children may depend on facts such as:
- The child’s home state
- Where the child lived during the six months before filing
- Whether the child recently moved
- Whether a parent continues to live in a prior home state
- Existing parenting orders
- Cases pending in another state
- Emergency circumstances
Florida’s UCCJEA provisions contain the applicable child-jurisdiction rules. See Florida Statutes section 61.503 and section 61.514.
Divorce in Florida Online does not determine jurisdiction. A parent should consult a licensed Florida attorney when the children recently moved, live outside Florida, are subject to existing orders or are involved in another pending case.
How Does a Divorce With Children by Summons Proceed?
Although the exact procedure depends on the case and the court, the summons-with-children process commonly includes the following stages:
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Information collection and document preparation
The petitioner supplies factual information about the marriage, children, finances and requested documents.
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Filing the initial divorce documents
The initial documents are submitted to the appropriate Florida circuit court, and the clerk assigns a case number.
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Issuance of the summons
The clerk issues the summons used to provide formal notice to the responding spouse.
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Formal service
A sheriff or other authorized process server attempts service and files documentation of the result.
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Response or default stage
The responding spouse may answer, raise disputed issues, participate in settlement discussions or fail to respond. The next procedure depends on what occurs.
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Children-related and financial requirements
Applicable parenting documents, child-support calculations, financial affidavits, disclosure and parenting-course requirements must be addressed.
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Mediation or settlement when applicable
The spouses may attempt to resolve disputed issues. Mediation may be ordered, required by local procedure or used voluntarily.
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Final hearing
The petitioner attends the required final hearing in the process handled by Divorce in Florida Online. The court determines whether the hearing is remote or in person and what must be presented.
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Final Judgment
The divorce becomes final only if and when the judge signs the Final Judgment of Dissolution of Marriage.
This is a general overview, not a complete set of instructions for an individual case.
What Is Mediation?
Mediation allows the spouses to attempt to resolve disputed issues with the assistance of a neutral mediator. Depending on the circumstances, mediation may be ordered, required by local procedure or used voluntarily.
The mediator does not represent either spouse, decide the dispute or force an agreement. If the spouses reach only a partial agreement, the unresolved matters may still need to be decided by the court.
For a more complete explanation, read our Florida family-court mediation guide.
Can a Summons Case Become a Mutual-Agreement Divorce?
A case that starts with a summons can later be resolved by agreement.
Summons describes the formal notice used at the beginning of the case. It does not require the spouses to remain in conflict throughout the entire divorce.
If both spouses later reach complete agreement, appropriate settlement documents may be prepared using the terms they provide. The agreement remains subject to judicial review, and additional documents, court procedures or a final hearing may still be required.
How Long Does a Divorce With Children by Summons Take?
A divorce with children by summons commonly takes approximately three to six months or longer in the cases handled by Divorce in Florida Online.
The actual timeline may be affected by:
- How quickly the spouse can be served
- Whether the spouse responds
- Whether an answer or counterpetition is filed
- The number and complexity of disputed issues
- Completion of financial disclosure
- Completion of the parenting course
- Mediation or settlement efforts
- Whether default procedures become necessary
- The court’s hearing calendar
- Requests for corrections or additional information
There is no guaranteed completion date. A case resolved by agreement may proceed differently from a case requiring the judge to decide disputed issues.
Can the Document-Preparation Process Be Handled Remotely?
Our document preparation, communication, signing and notarization support may be handled remotely when appropriate. No visit to our office is required.
Remote document preparation does not eliminate a required mediation session, remote hearing, in-person hearing or other court-directed appearance.
The court—not Divorce in Florida Online—determines the hearing format and procedural requirements.
What Can Divorce in Florida Online Do?
Divorce in Florida Online is a non-attorney divorce-document-preparation service with more than 15 years of experience serving customers throughout all 67 Florida counties.
Within an established service workflow, we may:
- Collect factual information supplied by the customer
- Prepare permitted divorce documents using that information
- Provide filing support
- Coordinate remote signing or notarization when appropriate
- Prepare certain documents at later procedural stages when the request remains within our nonlawyer scope
We cannot:
- Provide legal advice
- Represent either spouse at mediation, a hearing or trial
- Choose claims, defenses or legal strategies
- Recommend parenting, child-support, property, debt or alimony terms
- Negotiate disputed issues
- Tell someone what evidence to present
- Prepare individualized legal arguments
- Predict how a judge will rule
- Decide whether a proposed agreement is fair
When Should a Parent Consider Speaking With an Attorney?
Legal advice or representation may be especially important when the case involves:
- Domestic violence, threats, coercion or immediate safety concerns
- Emergency child-related issues
- Disputed parental responsibility or time-sharing
- Relocation
- Children who recently moved or live outside Florida
- Existing parenting or support orders
- Hidden or disputed assets
- A business, pension, retirement account or complex property
- Alimony disputes
- A requested deviation from guideline child support
- Discovery or evidence disputes
- Contempt or enforcement issues
- Immigration, bankruptcy or tax consequences
- An upcoming evidentiary hearing or trial
- Uncertainty about legal rights or requested relief
A person facing immediate danger should contact law enforcement or an appropriate domestic-violence resource. The document-preparation service should not be used as a substitute for legal or safety assistance.
What If a Florida Divorce Case Is Already Open?
We may be able to prepare certain documents for an existing case when the requested work falls within our nonlawyer scope.
Tell us what has been filed, whether service occurred, whether a response was received and what document or notice you received. We can collect that factual information and determine whether the requested document-preparation work appears to fit one of our established workflows.
We cannot interpret a court order, recommend a legal strategy or represent anyone at a hearing.
Tell Us About Your Summons Divorce With Children
If your spouse can be located but will not sign or cooperate voluntarily, tell us about your situation.
We will ask for factual information about the children, your spouse’s location, whether a case has already been filed, whether service has occurred, whether a response was received and which issues remain unresolved.
We will then let you know whether the requested document-preparation work appears to fall within one of our established nonlawyer service workflows. We cannot guarantee that we can assist with every disputed or complex case.
Tell Us About Your Situation
Frequently Asked Questions About Divorce With Children by Summons
Can I file for divorce with children if my spouse will not sign?
Yes. A spouse’s advance signature or permission is not necessarily required for the other spouse to start a Florida divorce. If your spouse can be located, the case may be filed and the spouse may be formally served with a summons and the required divorce documents.
When is summons used instead of publication?
Summons is generally used when the spouse can be located for formal service but will not sign or participate voluntarily. Publication may need to be considered when the spouse genuinely cannot be located after legally sufficient search efforts. Publication is not used merely because a spouse refuses to sign.
How long does my spouse have to respond after being served?
Under the generally applicable Florida family-law response rule, the responding spouse ordinarily must serve an answer within 20 days after service of the original process and initial pleading. Court orders, the method of service or other procedural circumstances may affect the deadline.
What happens if my spouse responds and disagrees?
Disputed issues may continue through financial disclosure, mediation, hearings or other court procedures. If the spouses do not resolve the issues, the judge may ultimately need to decide them. Divorce in Florida Online cannot represent either spouse or recommend what position a person should take.
What happens if my spouse ignores the summons?
If a properly served spouse does not respond within the applicable time, it may be possible to request a default. Default is not automatic and does not automatically grant the divorce or every requested term. Children-related documents, court review and a final hearing are still required in the process handled by Divorce in Florida Online.
Can we reach an agreement after the summons is served?
Yes. Summons describes how formal notice is provided and does not require the case to remain disputed. If the spouses later reach complete agreement, settlement documents may be prepared using the terms they supply, subject to the court’s review and approval.
Who decides the parenting plan if we cannot agree?
If the parents cannot reach an agreement, the court may ultimately decide unresolved parenting issues according to the child’s best interests and applicable Florida law. A nonlawyer document preparer cannot recommend what parenting arrangement either parent should request.
How is child support addressed in a summons divorce?
Florida’s child-support guidelines generally use both parents’ financial information, applicable child-related expenses and information connected to the time-sharing schedule. The court reviews the requested support and any proposed deviation from the guidelines.
Do both parents complete the Florida parenting course?
Both parents complete the approved four-hour Parent Education and Family Stabilization Course in the summons-with-children process handled by Divorce in Florida Online. Florida law generally requires the parties in a dissolution involving minor children to complete an approved course unless the court excuses a party for good cause.
Is a final hearing required?
Yes. A final hearing is required in the summons-with-children process handled by Divorce in Florida Online. The court determines whether the hearing is remote or in person, what must be presented and whether the requirements for a Final Judgment have been satisfied.
How long does a divorce with children by summons take?
These cases commonly take approximately three to six months or longer through the process handled by Divorce in Florida Online. Service, responses, disputed issues, disclosure, mediation and court scheduling can all affect the timeline. Completion within a particular period is not guaranteed.
Can Divorce in Florida Online represent me at mediation or the final hearing?
No. Divorce in Florida Online is a non-attorney document-preparation service. We do not provide legal advice, negotiate disputed terms or represent either spouse at mediation, a hearing or trial.
Watch: Divorce With Children by Summons in Florida
Disclaimer: Divorce in Florida Online is a nonlawyer document-preparation service, not a law firm. We do not provide legal advice, legal representation, litigation strategy or guarantees concerning service, default, settlement, hearings, timing or case outcomes. This page provides general educational information and does not determine which procedure or requested relief is appropriate for an individual case. Consult a licensed Florida attorney for advice about your legal rights and circumstances.