Uncontested Divorce with Children in Florida: Quick & Amicable Process

An uncontested divorce with children in Florida occurs when both spouses agree on all terms of the divorce, including custody arrangements, child support, and visitation. This type of divorce is also known as a mutual agreement divorce, as both parties are in agreement on every aspect of their separation. Since both parents agree, the process is typically faster and less stressful compared to a contested divorce.

Yes, in an uncontested divorce with children, both parents must agree on all terms of the divorce. This includes decisions on:
Child custody and visitation: The parents must agree on how custody will be shared and the visitation schedule.
Child support: Both parents must agree on the amount and frequency of child support payments, based on Florida’s child support guidelines.
If both parents cannot agree on these issues, the divorce would no longer be considered uncontested. The court would then get involved to determine custody and support arrangements, which could make the process more time-consuming and costly.

In most cases, an uncontested divorce with children can be finalized without a court appearance in Florida. Since both parents have agreed on all terms, the process can be handled entirely online, and the final divorce decree will be submitted to the court for approval. The court will review the parenting plan and other documents to ensure that the agreement serves the child’s best interests.
However, a brief final hearing may still be required, depending on your situation and the court’s requirements.

The typical timeline for an uncontested divorce with children in Florida is 30 to 45 days, assuming both parties have agreed to all the terms and have filed the necessary documents. The timeline may vary based on the complexity of your case and the speed of the court’s review process. If the divorce is contested or if issues arise, it may take longer.

To file for an uncontested divorce with children in Florida, you will need to complete and file several documents, including:
Petition for Dissolution of Marriage: This is the formal request to the court for a divorce.
Parenting Plan: A detailed plan outlining the agreed-upon custody, visitation, and support arrangements.
Income and Assets Liabilities: Both parties must disclose their financial information to ensure an equitable division of assets and calculate child support.
Marital Settlement Agreement: A document outlining the division of marital assets and debts.
If both parents agree to the terms, these documents can often be filed online through Florida’s e-filing system.

In Florida, child support is determined based on a set of guidelines that take into account both parents’ income, the amount of time the child spends with each parent, and any special needs the child may have. Since the divorce is uncontested, the parents will agree on the amount of child support, but the court will review the agreement to ensure it aligns with Florida’s guidelines and is in the best interests of the child.

Yes, the parenting plan can be modified after an uncontested divorce if there is a significant change in circumstances. Examples of such changes include:
One parent relocating to another area.
Significant changes in the child’s needs or medical condition.
A parent’s work schedule changing significantly.
If both parents agree to the modification, the change can often be processed quickly. If there’s disagreement, the court may get involved to resolve the issue.

Yes, just like any parenting plan, the child custody agreement in a mutual agreement divorce can be modified if there are significant changes in circumstances. For instance, if one parent needs to relocate, if the child’s needs change, or if one parent can no longer fulfill their custody role, modifications can be requested through the court.

There are many factors that come into play when calculating child support. The State of Florida created a worksheet to be used when doing the math required to reach the correct amount. CLICK HERE to download the form and make your own calculations.