Divorce With Children in Florida: What Parents Need to Know

A Florida divorce involving minor children must address more than ending the marriage. The parents must also address a parenting plan, parental responsibility, time-sharing, child support and applicable financial requirements. The appropriate filing path depends on whether both spouses agree, whether the other spouse can be located and whether formal service is required.

A divorce handled online or without a traditional court hearing is still a judicial proceeding. The case must be filed with a Florida Clerk of Court, and the marriage is not legally dissolved until a judge signs the Final Judgment.

What Must Be Addressed in a Florida Divorce With Children?

When spouses share minor children, the divorce documents generally need to address several interconnected issues:

• Parenting plan: The written plan describing how parenting will work after the divorce.
• Parental responsibility: How important decisions concerning the children will be made.
• Time-sharing: When the children will spend time with each parent.
• Child support: The support obligation calculated under Florida’s child-support guidelines, subject to court review.
• Health insurance and medical expenses: How coverage and applicable uncovered expenses will be addressed.
• Financial information: Income, expenses, assets, debts and other information required for the case.
• Parenting course: The required Parent Education and Family Stabilization Course, unless the court excuses a party for good cause.
• Property and debts: How marital assets and liabilities will be addressed.
• Alimony: Whether alimony is requested, waived or otherwise addressed when applicable.

Parents do not need to know the names of every court form before contacting us. Divorce in Florida Online prepares documents using the factual information and decisions supplied by customers. We cannot decide what parenting, support, property or financial terms someone should request.

Which Florida Divorce Path Fits Your Situation?

A divorce involving children is not automatically mutual, contested or suitable for publication. The proper procedural path depends primarily on whether the spouses agree and whether the other spouse can be located.

These descriptions provide general information and are not individualized legal determinations. Facts involving child jurisdiction, existing court orders, disputed parenting issues or service outside Florida may require advice from a licensed Florida attorney.

Mutual-Agreement Divorce With Children

A mutual-agreement divorce may be appropriate when both spouses agree on all the necessary issues and are willing to sign the applicable documents. “Uncontested divorce” is the term many people search for, but Divorce in Florida Online generally uses the term mutual-agreement divorce.

The agreement may need to address:

• Parental responsibility and decision-making
• The regular time-sharing schedule
• Holidays, school breaks and summer schedules
• Transportation and exchanges
• Communication with the children
• Guideline child support
• Health insurance and applicable child-related expenses
• Property and marital debts
• Alimony, when applicable

Qualifying mutual-agreement cases involving children may be filed through the current Lee County no-hearing procedure used by Divorce in Florida Online. This is not a universal Florida entitlement or a guaranteed result. A judge may request corrections, additional information, a remote hearing or an in-person appearance.

For this particular company process, the children must currently live in Florida, the parents must use guideline child support and both spouses must complete the required steps. Mutual-agreement cases commonly take approximately 30–45 days after filing, but court processing times and outcomes are never guaranteed.

Learn more about mutual-agreement divorce with children in Florida.

What If the Other Spouse Will Not Sign?

One spouse cannot prevent the other from asking the court for a divorce merely by refusing to sign documents in advance. However, a refusal to sign means the case may not qualify for a mutual-agreement process.

If the spouse can be located, the case may need to proceed through formal service by summons. The served spouse then has an opportunity to file a response. Depending on what happens next, the case may involve additional documents, financial disclosure, negotiation, mediation, a default process or a court hearing.

A case filed by summons is not automatically a fully contested case. A served spouse may agree later, file no response or dispute only certain issues. The subsequent process depends on the response and the issues that remain unresolved.

Learn about Florida divorce with children by summons.

What If the Other Spouse Cannot Be Located?

If the other spouse’s whereabouts are genuinely unknown, constructive service by publication may be possible after a legally sufficient diligent search.

Publication is not used merely because a spouse refuses to sign, ignores messages or does not want the divorce. If the spouse can be located for personal service, summons is generally the relevant path.

A publication case can allow the court to dissolve the marriage, but constructive service may limit the financial or child-related relief the court can grant without personal jurisdiction or legally sufficient notice to the missing spouse. Publication cases involving children therefore require careful review.

In the qualifying publication-with-children matters handled through our current process, the petitioner completes the parenting course. A final hearing is ordinarily required, and these cases generally take longer than mutual-agreement cases.

Learn about Florida divorce with children by publication.

Florida Divorce Residency and Jurisdiction Over Children Are Different

Florida’s divorce-residency requirement and the court’s authority to make decisions involving children are separate legal questions.

Florida divorce residency

Under Florida Statutes section 61.021, at least one spouse must have resided in Florida for the six months immediately before the petition for dissolution of marriage is filed.

Jurisdiction involving the children

Authority to make an initial parenting or time-sharing determination may depend on Florida’s Uniform Child Custody Jurisdiction and Enforcement Act, commonly called the UCCJEA. Relevant facts can include:

• The child’s home state
• Where the child has recently lived
• Whether the child recently moved to or from Florida
• Whether another state has already entered a parenting order
• Whether another custody or parenting case is pending
• The locations of the child, parents and relevant evidence
• Emergency circumstances

The UCCJEA appears in Florida Statutes section 61.503 and the related jurisdictional provisions beginning with section 61.514.

Recent interstate moves, existing orders from another state or uncertainty about where a case should be filed are strong reasons to consult a licensed attorney.

What Is a Florida Parenting Plan?

A parenting plan is the court-approved document describing how the parents will share parenting responsibilities and time with their children after the divorce.

Under Florida Statutes section 61.13, a parenting plan must address applicable matters such as:

• How the parents will share daily parenting responsibilities
• The time-sharing schedule
• Healthcare decisions
• School-related matters
• Responsibility for other activities
• How the parents will communicate with the children
• Authorized exchange locations unless the parents agree otherwise in writing

A detailed plan may also address holidays, vacations, transportation, travel, telephone or video communication and long-distance parenting arrangements.

Read what a Florida parenting plan should address.

What Do Parental Responsibility and Time-Sharing Mean?

Florida generally uses the terms parental responsibility and time-sharing instead of the older terms “custody” and “visitation.” People still commonly use those older words when searching, but the Florida court documents use the current terminology.

• Parental responsibility concerns responsibility for important decisions affecting the child.
• Time-sharing concerns the schedule describing when the child will spend time with each parent.

Florida law does not automatically prefer a mother or father based solely on the parent’s sex. Parenting determinations must be based on the child’s best interests and the circumstances of the particular family.

Is Equal Time-Sharing Automatic in Florida?

No. Equal time-sharing is not automatic or guaranteed.

Florida law currently establishes a rebuttable presumption that equal time-sharing is in a minor child’s best interests unless that presumption is rebutted by a preponderance of the evidence. The court must still review the proposed or requested parenting arrangement.

When the parents agree on a schedule, their agreement remains subject to court approval. When they do not agree, the court evaluates the statutory best-interest factors. Those factors include the child’s needs, each parent’s ability to encourage a continuing relationship, stability, geographic practicality, the parents’ ability to communicate, and evidence of domestic violence, abuse, abandonment or neglect.

A nonlawyer document preparer cannot determine whether equal time-sharing is appropriate, recommend a schedule or predict what a judge will order.

How Does Child Support Work in a Florida Divorce?

Child support is generally calculated under the guidelines in Florida Statutes section 61.30.

The calculation can involve information such as:

• Each parent’s income
• Allowable deductions
• The number of children
• The time-sharing schedule and applicable overnights
• Childcare expenses
• Health-insurance costs
• Applicable uncovered medical expenses
• Other information required by the guidelines

The guideline calculation is not simply an informal agreement between the parents. The court retains authority to review child support and any requested deviation from the guideline amount.

Parents should not assume they can eliminate child support merely because they agree with each other. A requested non-guideline arrangement may require additional findings and may affect the filing procedure available through Divorce in Florida Online.

For the current Lee County mutual-agreement process we use, guideline child support is required. When parents request a different amount, the matter generally must be filed locally where the children live and may not qualify for the Lee County no-hearing process.

Learn more about Florida child support in divorce.

How Do Parenting Plans and Child Support Work Together?

A parenting plan and child-support calculation are separate documents and legal issues, but they can affect one another. For example, the time-sharing schedule and number of overnights may be relevant to the guideline support calculation.

A parent should not select a time-sharing schedule solely to increase or reduce child support. The parenting plan must reflect the children’s needs and the arrangement the parents agree upon or the court approves.

See how Florida parenting plans and child support interact.

Do Parents Have to Take a Parenting Course?

Florida law requires parties to a dissolution of marriage involving minor children to complete a Department of Children and Families-approved Parent Education and Family Stabilization Course before entry of the Final Judgment, unless the court excuses a party for good cause.

The course must be at least four hours. The parents do not have to take it together, and approved online options may be available.

Under Florida Statutes section 61.21, the petitioner generally must complete the course within 45 days after filing, and the other party generally must complete it within 45 days after service, unless excused by the court. Proof of completion must be filed before Final Judgment.

In the mutual-agreement and summons processes handled by Divorce in Florida Online, both parents complete the course. In a qualifying publication case involving a genuinely missing spouse, the petitioner completes it as part of the company’s current process.

Learn about Florida’s required parenting course.

What Divorce Documents May Be Needed When Children Are Involved?

The exact documents depend on the filing path and the facts of the case. Documents may include:

• A petition for dissolution of marriage involving dependent or minor children
• A parenting plan
• A child-support guidelines worksheet
• Family Law Financial Affidavits
• A UCCJEA affidavit
• A marital settlement agreement when applicable
• Mandatory-disclosure documents or applicable certificates
• Parenting-course completion certificates
• Service, waiver, default or publication documents depending on the filing path
• A proposed Final Judgment and other court-specific documents

Financial affidavits, support documents and mandatory disclosure should not be described as automatically waivable in every case. Applicable Florida rules, forms and local procedures must be followed.

Review the information needed for Florida divorce paperwork involving children.

What If the Parents Own Property or Have Debts?

Having children does not eliminate the need to address property and financial issues.

The divorce may also need to address:

• A marital home or other real estate
• Vehicles
• Bank and investment accounts
• Retirement accounts or pensions
• Businesses
• Credit cards, loans and other debts
• Alimony, when applicable

In a mutual-agreement case, the spouses must supply the decisions that will be reflected in their documents. Divorce in Florida Online cannot value property, identify legal rights, recommend a division, negotiate terms or decide whether an agreement is fair.

Can a Divorce With Children Be Completed Online?

Much of the document-preparation process can be completed remotely. Depending on the case, this may include:

• Providing information electronically
• Receiving prepared documents electronically
• Completing separate remote notarization sessions
• Receiving electronic-filing support
• Communicating without visiting an office

“Online divorce” does not mean that the divorce occurs privately outside the court system. The case is still filed with a Florida Clerk of Court and completed through a judge-signed Final Judgment.

Will a Divorce With Children Require a Hearing?

Not every Florida divorce involving children requires both spouses to attend a traditional in-person hearing. The possible procedures include:

• No party appearance: A judge reviews the submitted documents without requiring either spouse to appear.
• Remote hearing: One or both parties participate by approved video or telephone procedures.
• In-person hearing: One or both parties appear at the courthouse.
• Mediation: The parties participate in a process intended to help resolve disputed issues.
• Judicial review: The judge reviews an agreement, parenting plan and supporting documents before deciding whether to approve them.

Qualifying mutual-agreement cases may be completed through the Lee County no-hearing procedure currently used by Divorce in Florida Online. A no-hearing result cannot be guaranteed because the judge retains authority over the case.

Learn when a Florida divorce may be completed without a traditional court hearing.

Florida’s Simplified Dissolution Is Different

Florida has a separate procedure called Simplified Dissolution of Marriage. It is not available when the spouses have minor or dependent children together or when either spouse is pregnant.

This does not mean that every regular divorce involving children must be disputed. Parents who agree may still use an appropriate regular dissolution process involving minor children.

When Should a Parent Consider Speaking With an Attorney?

Nonlawyer document preparation is not appropriate for every situation. Consulting a licensed Florida attorney may be especially important when the case involves:

• Domestic violence, coercion, abuse or child-safety concerns
• A disputed parenting plan or time-sharing schedule
• A proposed relocation with a child
• Existing parenting or support orders
• A recent interstate move
• Uncertainty about which state has jurisdiction
• A parent or child living outside the United States
• Hidden income or disputed financial information
• Non-guideline child support
• Complex property, businesses, pensions or retirement benefits
• Disputed alimony
• Immigration, bankruptcy or significant tax consequences
• An agreement a spouse does not understand
• Questions about legal rights or whether proposed terms are fair

An attorney can provide legal advice, evaluate legal rights, negotiate, develop legal strategy and represent a party in court. Divorce in Florida Online does not perform those services.

How Divorce in Florida Online May Assist

Divorce in Florida Online is a Florida non-attorney divorce-document-preparation service. We have served customers remotely throughout all 67 Florida counties for more than 15 years.

What we can do

• Collect factual information supplied by customers
• Prepare documents within our established service scope
• Provide information about our document-preparation workflows
• Coordinate separate remote notarization sessions when applicable
• Provide electronic-filing support when appropriate
• Prepare documents for qualifying mutual-agreement, summons and publication matters

What we cannot do

• Provide legal advice
• Represent either spouse
• Determine child-related jurisdiction
• Select a legal strategy
• Recommend a parenting or time-sharing schedule
• Decide whether equal time-sharing is appropriate
• Recommend a child-support deviation
• Negotiate parenting, support, property or alimony terms
• Determine whether an agreement is fair
• Predict or guarantee what a judge will approve

Frequently Asked Questions About Divorce With Children in Florida

How does divorce work in Florida when you have minor children?

The divorce must address the dissolution of the marriage along with a parenting plan, parental responsibility, time-sharing, child support and applicable financial requirements. The filing path depends on whether the spouses agree, whether the other spouse can be located and whether formal service is required.

What is required in a Florida parenting plan?

A parenting plan must describe applicable parenting responsibilities, include a time-sharing schedule, identify responsibility for healthcare, school matters and other activities, describe how the parents will communicate with the children and address authorized exchange locations unless the parents agree otherwise in writing.

Is equal time-sharing automatic in Florida?

No. Florida law contains a rebuttable presumption that equal time-sharing is in a minor child’s best interests, but equal time-sharing is not automatic or guaranteed. The court must review the arrangement under the child’s best interests.

Can parents agree not to include child support?

Parents should not assume child support can be eliminated merely because they agree. Florida’s child-support guidelines generally apply, and the court retains authority to review the support amount and any requested deviation.

Do both parents have to complete the four-hour parenting course?

Parties to a Florida dissolution involving minor children generally must complete the approved Parent Education and Family Stabilization Course unless excused by the court for good cause. The parents do not have to take the course together.

What if my spouse will not sign the divorce papers?

If your spouse can be located but will not sign or cooperate before filing, formal service by summons may be required. A refusal to sign does not automatically make publication appropriate.

What if I cannot locate my spouse?

If your spouse cannot be located after a legally sufficient diligent search, constructive service by publication may be available. Publication can limit the relief the court may grant without personal jurisdiction or legally sufficient notice to the missing spouse.

Do the children have to live in Florida?

For the current mutual-agreement document-preparation process handled by Divorce in Florida Online, the children must currently live in Florida. Florida’s legal jurisdiction over children is a separate UCCJEA question involving facts such as the child’s home state, prior orders and recent moves.

Can a Florida divorce with children be handled online?

Much of the document-preparation, signing, notarization and filing-support process may be handled remotely. The divorce remains a court case and is not final until a judge signs the Final Judgment.

Does a divorce with children always require a court hearing?

No. Some qualifying cases may be reviewed without either spouse attending a traditional hearing. Other cases may require a remote hearing, an in-person appearance, mediation or additional court proceedings. No-hearing completion is not guaranteed.

Can Divorce in Florida Online decide what parenting schedule we should use?

No. We prepare documents using the information and decisions supplied by customers. We cannot recommend a parenting schedule, negotiate parenting terms, determine legal rights or decide whether an agreement is fair.

When should a parent speak with a Florida attorney?

Legal advice may be especially important when a case involves domestic violence, disputed parenting issues, relocation, existing out-of-state orders, jurisdictional uncertainty, non-guideline support, complex finances or an agreement a person does not understand.

Tell Us About Your Florida Divorce With Children

Tell us whether you and your spouse agree, whether your spouse can be located, where the children currently live and whether existing court orders apply. We will review whether the matter appears to fit one of our established document-preparation workflows.

We cannot determine your legal rights or select a legal strategy, but we can explain the document-preparation services available within our nonlawyer scope.

Tell Us About Your Situation

Questions? Call or text 800-474-1970.