Divorce with Children Process in Florida

Florida Divorce with Children In Mutual Agreement

This is when both parties are in agreement 100% with everything related to the divorce including parental rights and responsibilities as well as financial responsibilities such as child support and alimony.

Both parties must cooperate with the financial information needed, creating of a parenting plan that works for all parties, etc. In this process a parenting plan. a marital settlement agreement and child support is calculated (this is mandatory by law) and cannot be waived. 

For legal advice please contact an attorney.

Florida Divorce with Children by Summons

If your spouse does not want to sign divorce papers or cooperate with the information needed then the next option is to get him/her served divorce documents.

Your spouse will need to get served divorce papers by a sheriff or process server.

Once he/she gets served he/she have 20 calendar days to file an answer.

After that time period, if no answer was filed a Motion to Default and Default  will need to be filed to move the case along.

Florida Divorce with Children by Publication

When the whereabouts of our spouse is not known then a divorce by publication will meet the requirements of service by the court.

With a divorce with children by publication you cannot request child support or establish a parenting plan. 

A publication is a Notice of Action filed in a local newspaper that needs to run for 30 consecutive days.

You will be required to submit proof to the court that you were not able to find your spouse. We will provide you with resources of websites that you can search and submit to the court.