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7 Common Mistakes Parents Make in a Florida Divorce With Children
7 Common Mistakes Parents Make in a Florida Divorce With Children
When parents agree that they want a divorce, it is easy to assume the paperwork will be simple. But a Florida divorce involving minor children has additional requirements that a divorce without children does not.
After more than 15 years preparing Florida divorce documents, we see many of the same misunderstandings come up again and again. Parents may agree with each other but still be unsure how to create a parenting plan, calculate child support, complete their financial information, or make sure all of the documents work together.
Here are seven common mistakes to watch for when preparing for a Florida divorce with children.
If you are just beginning the process, our Florida Divorce With Children guide explains the different ways a case involving children can move forward.
1. Treating the Parenting Plan Like an Afterthought
A parenting plan is much more than deciding which parent has the children on which days.
Florida parenting plans address how parents will share responsibility for their children and how the practical details of parenting will work after the divorce.
Depending on the family’s circumstances, the plan may need to address matters such as:
- Regular school-week schedules
- Weekends
- Holidays and school breaks
- Summer schedules
- Transportation and exchanges
- Decision-making responsibilities
- Communication between parents and children
A schedule that sounds obvious while everyone is getting along can become a source of confusion later if important details were never written down.
Learn what goes into a Florida Parenting Plan →
2. Picking a Child Support Number Instead of Calculating It
We often hear some version of, “We already agreed that he will pay $500 a month,” or, “We have equal time with the children, so neither of us wants child support.”
Agreement is helpful, but Florida uses child support guidelines to calculate support. The calculation considers financial information from both parents along with other factors, including certain child-related expenses and the parenting schedule.
That means parents should not simply guess at a child support amount because it sounds reasonable to both of them.
For the mutual-agreement divorce-with-children cases we prepare, we calculate the guideline amount using the financial and parenting information the parents provide.
Learn how Florida child support is calculated →
3. Waiting Until the Last Minute to Gather Financial Information
A divorce with children involves financial paperwork, and waiting until the documents are being prepared to start looking for income and expense information can slow everything down.
Depending on the case, parents may need information about:
- Income and pay frequency
- Taxes and applicable deductions
- Health insurance
- Childcare expenses
- Other support obligations
- Assets and debts
The information used for the financial affidavit and child support calculation also needs to be consistent. Having the information ready makes document preparation much easier.
4. Assuming Mutual Agreement Means There Are Almost No Documents
A mutual-agreement divorce can be much smoother because both spouses are cooperating. But cooperation does not eliminate the additional paperwork associated with minor children.
A divorce with children may involve documents addressing:
- The divorce itself
- The Parenting Plan
- Time-sharing
- Child support
- Financial information
- Health insurance and child-related expenses
- Other issues specific to the family
The important part is not simply having a stack of forms. The information contained in those documents needs to work together.
If both spouses are cooperating, see our Mutual Agreement Divorce With Children page for a complete explanation of that process.
5. Downloading Random Forms Without Knowing Whether They Fit the Case
Florida family law forms are available online, which can make the process look like a matter of downloading a few PDFs and filling in the blanks.
The difficult part is often determining which documents apply to the family’s circumstances and making sure the information is consistent from one document to another.
A divorce involving children may be very different depending on whether:
- Both spouses are cooperating
- One spouse refuses to participate
- The other spouse cannot be located
- The parents have property or debts to divide
- There are disagreements about parenting or financial issues
Those differences can change both the documents and the process.
6. Creating a Parenting Schedule That Only Works for Today
Parents naturally think about their children’s current schedules when creating a parenting plan. But children grow, schools change, activities change and family routines evolve.
A six-year-old’s schedule may look very different several years later.
Parents may want to think through practical questions such as:
- How will holidays alternate?
- What happens during summer vacation?
- Who handles transportation?
- How will schedule changes be communicated?
- How will each parent communicate with the children when they are with the other parent?
The goal is not to predict every future event. It is to create enough clarity that ordinary changes do not automatically become disagreements.
Read our guide to creating a Florida Parenting Plan →
7. Assuming the Divorce Is Stuck If the Other Parent Stops Cooperating
This is one of the most important misunderstandings we see.
A couple may begin discussing a mutual-agreement divorce and then one spouse changes their mind, stops answering messages or refuses to sign.
That does not necessarily mean the divorce cannot continue. It may mean that the process needs to change.
If your spouse can be located but will not cooperate, the case may need to proceed through service of summons.
Learn about Divorce With Children by Summons →
If your spouse genuinely cannot be located after reasonable efforts to find them, a different process involving service by publication may apply.
Learn about Divorce With Children by Publication →
One Mistake We See More Than Almost Any Other
Many parents believe that because they agree with each other, they should already know exactly what needs to go into the divorce documents.
Those are two different things.
You can agree completely that you want the divorce and still have questions such as:
- How should we write our parenting schedule?
- How is child support calculated?
- Which financial information is needed?
- What happens with holidays?
- What documents do we need?
- Can we complete the divorce without appearing in court?
That is normal. Agreement between the parents makes the process easier, but there are still details that need to be translated into complete divorce documents.
How Divorce in Florida Online Helps Parents
Divorce in Florida Online has helped Florida families prepare divorce documents for more than 15 years.
We are non-attorney divorce document preparers. We do not provide legal advice, tell parents what parenting arrangement they should choose, determine what child support they should request, or represent either parent in court.
Instead, you provide the decisions and information about your family, and we prepare the applicable divorce documents based on the information you give us.
Our process is remote, so no office visit is needed.
Tell Us About Your Divorce With Children
If you are preparing for a Florida divorce with minor children, tell us a little about your situation. We’ll review the information you provide and help determine which of our document-preparation processes may fit your case.
Tell Us About Your SituationFrequently Asked Questions
Can parents get divorced in Florida without hiring attorneys?
Some parents prepare and complete their Florida divorce without attorneys. Whether someone needs legal representation depends on their circumstances. Divorce in Florida Online provides non-attorney document preparation and does not provide legal advice or court representation.
What if both parents agree on everything?
If both spouses agree on the divorce, parenting arrangements, child support and any financial issues and are willing to cooperate with the paperwork, the case may qualify for a mutual-agreement process.
What if my spouse won’t sign the divorce papers?
A spouse’s refusal to sign does not automatically prevent a divorce. If the spouse can be located, the case may need to proceed through service of summons instead of the mutual-agreement process.
Can we decide our own child support amount?
Florida uses child support guidelines to calculate a presumptive support amount. Parents who want a different result may need additional court consideration. Our mutual-agreement process uses the guideline calculation based on the financial and parenting information the parents provide.
Do we need a Parenting Plan if we already agree about the children?
A parenting plan is still part of a Florida divorce involving time-sharing with minor children. Agreement between the parents makes creating the plan easier, but the parenting arrangements still need to be documented.
Can we complete a mutual-agreement divorce with children without going to court?
Qualifying mutual-agreement cases prepared through our established process can be completed remotely without an office visit or traditional in-person final hearing. The circumstances of the case and the documents must fit that process.
Official Florida Resources
- Florida Statute §61.13 – Support, Parenting and Time-Sharing
- Florida Statute §61.30 – Child Support Guidelines
- Florida Courts – Family Law Forms
Legal Disclaimer
Disclaimer: The information on this website is provided for general informational and educational purposes only and should not be construed as legal advice. Divorce in Florida Online is not a law firm, and no attorney-client relationship is created by the use of this website or its content. We do not provide legal advice or legal representation. Laws and procedures vary by case and may change over time. For legal advice regarding your individual circumstances, you should consult with a qualified, licensed attorney.