Uncontested Divorce With Children in Florida: Mutual-Agreement Process

A Florida uncontested divorce with children may be available when both spouses agree on every issue that must be resolved and will complete the required documents, signatures and parenting-course requirements.

The agreement must address the parenting plan, parental responsibility, time-sharing, guideline child support, property, debts, alimony and other applicable issues. Agreement on ending the marriage alone does not make a case uncontested if important parenting or financial matters remain unresolved.

Divorce in Florida Online uses the term mutual-agreement divorce for this process. Many people search for “uncontested divorce,” so both terms are used on this page.

Can You Get an Uncontested Divorce With Children in Florida?

Yes. Having minor children does not prevent spouses from completing a regular mutual-agreement divorce in Florida.

Both spouses must agree on the issues that apply to their family and participate in the required process. Their agreement remains subject to review by the court. The marriage is not legally dissolved until a judge signs the Final Judgment.

A regular uncontested divorce involving children should not be confused with Florida’s separate Simplified Dissolution of Marriage procedure. Simplified Dissolution of Marriage is not available when spouses have minor or dependent children together or when a spouse is pregnant.

Initial Eligibility for Our Mutual-Agreement Process

A Florida divorce with children may fit the current Divorce in Florida Online mutual-agreement process when:

• At least one spouse has resided in Florida for the six months immediately before filing.
• The children currently live in Florida.
• Both spouses want the divorce.
• Both spouses agree on all applicable parenting and financial issues.
• Both spouses will provide the required information.
• Both spouses will sign and notarize the applicable documents.
• Both parents will complete the required parenting course.
• The parents will use the applicable Florida guideline child-support amount for the Lee County no-hearing process.
• Property, marital debts and alimony are fully addressed when applicable.
• Neither spouse is asking Divorce in Florida Online to negotiate terms or determine what either person should accept.

This is an initial company service-scope checklist. It is not a legal determination, a guarantee of court eligibility or advice about either spouse’s rights.

What Must We Agree On?

A mutual-agreement divorce requires more than agreeing to end the marriage. Both spouses must supply the decisions that need to appear in the divorce documents.

Parenting plan and parental responsibility

The parents must agree on how parenting responsibilities will be handled, including responsibility for healthcare, school matters and other important decisions involving the children.

Time-sharing schedule

The parents must agree on the schedule describing when the children will spend time with each parent. The plan may need to address:

• Regular weekdays and weekends
• Holidays and school breaks
• Summer schedules
• Transportation and exchanges
• Travel arrangements
• Telephone and video communication
• Long-distance parenting when applicable

Child support and child-related expenses

The parents must provide the financial and time-sharing information necessary to prepare the guideline child-support calculation. They must also address applicable health insurance, childcare and uncovered medical expenses.

Property and marital debts

If the spouses have a home, vehicles, bank accounts, retirement interests, personal property, loans, credit-card balances or other assets and liabilities, they must agree on how those matters will be addressed.

Alimony

The documents must address whether alimony is requested, agreed upon or waived when applicable. Divorce in Florida Online cannot advise either spouse whether alimony should be requested or whether a proposed arrangement is fair.

What Is Required in the Parenting Plan?

A parenting plan is the court-approved written plan describing how parenting will work after the divorce.

Under Florida Statutes section 61.13, a parenting plan must address applicable matters that include:

• How the parents will share and carry out daily parenting responsibilities
• The time-sharing schedule
• Responsibility for healthcare decisions
• Responsibility for 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

The parents’ agreement does not become effective merely because they sign it. The parenting plan must be submitted to the court and approved as part of the divorce case.

Read more about Florida parenting-plan requirements.

Is Equal Time-Sharing Required in an Uncontested Divorce?

No. Equal time-sharing is not automatically required or guaranteed merely because the divorce is uncontested.

Florida law currently contains a rebuttable presumption that equal time-sharing is in a minor child’s best interests. However, the parents’ proposed schedule remains subject to judicial review. Florida courts evaluate parenting arrangements under the child’s best interests.

The parents must supply the time-sharing arrangement they have reached. Divorce in Florida Online cannot recommend a schedule, determine whether equal time-sharing is appropriate or predict what a judge will approve.

Do We Have to Calculate Child Support If We Agree?

Yes. Child support must still be addressed in an uncontested divorce involving minor children.

Florida’s child-support guidelines appear in Florida Statutes section 61.30. The calculation can involve:

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

Agreeing with each other does not mean the parents can simply omit child support. The court retains authority to review the calculation and the resulting support provisions.

Learn more about Florida child support in divorce.

What If We Agree on a Different Child-Support Amount?

Parents sometimes agree that they want to use an amount different from the Florida guideline calculation. That does not necessarily mean they have a contested divorce, but it may affect the available filing process.

For the current Lee County no-hearing procedure used by Divorce in Florida Online, the applicable guideline child-support amount must be used.

If the parents request a non-guideline amount, the case generally falls outside our current Lee County no-hearing workflow and may need to be filed locally where the children live. The court retains authority to review any requested deviation.

Divorce in Florida Online cannot recommend a deviation, determine what amount someone should request or advise whether a proposed child-support arrangement protects the child’s or either parent’s legal interests.

Will Child Support Automatically Be Taken From a Paycheck?

In the mutual-agreement process we currently use, the parents may request that support not be subject to immediate income deduction. The court must approve the arrangement, and the Final Judgment and child-support order control how payments are made.

The preparation and filing of the divorce documents do not automatically enroll a family in child-support services merely because child support is included in the case.

Questions about enforcement, payment administration, later enrollment in child-support services or the consequences of missed payments may require information from the appropriate agency or advice from a licensed attorney.

Do Both Parents Have to Take the Parenting Course?

For the mutual-agreement process handled by Divorce in Florida Online, both parents must complete the approved four-hour Parent Education and Family Stabilization Course.

Under Florida Statutes section 61.21, parties to a dissolution involving minor children must complete the approved course before entry of the Final Judgment unless the court excuses a party for good cause.

The parents do not have to take the course together. An approved online course may be available, and proof of completion must be filed with the court.

Learn more about Florida’s required parenting course.

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.

This is a company service-scope requirement, not a universal statement about Florida jurisdiction.

Florida’s six-month divorce-residency requirement is separate from the court’s authority to make parenting and time-sharing decisions. Child-related jurisdiction may depend on Florida’s Uniform Child Custody Jurisdiction and Enforcement Act, commonly called the UCCJEA.

Relevant circumstances can include:

• The child’s home state
• Where the child recently lived
• A recent move into or out of Florida
• Existing parenting or custody orders
• A pending case in another state
• The locations of the parents and child

Divorce in Florida Online cannot determine child-related jurisdiction. Cases involving recent interstate moves, existing out-of-state orders or uncertainty about jurisdiction should be reviewed by a licensed attorney.

What Documents May Be Needed?

The exact documents depend on the facts of the marriage, but an uncontested divorce involving children may require documents concerning:

• The petition for dissolution of marriage
• The marital settlement agreement
• The parenting plan
• The child-support guidelines worksheet
• Family Law Financial Affidavits
• The UCCJEA affidavit
• Applicable mandatory disclosure
• Parenting-course completion
• Property, debts and alimony when applicable
• Judicial review and the proposed Final Judgment

Customers do not need to select and assemble forms independently when they hire Divorce in Florida Online. We prepare documents based on the factual information and completed decisions they provide.

Review the information needed for Florida divorce paperwork with children.

Can We Own Property and Still Have a Mutual-Agreement Divorce?

Yes. Owning property does not automatically prevent spouses from using a mutual-agreement process.

Both spouses must agree on how the applicable assets and debts will be addressed. These may include:

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

A Marital Settlement Agreement may be required to document the spouses’ decisions.

Divorce in Florida Online can prepare documents reflecting the decisions supplied by the spouses. We cannot value property, identify legal rights, recommend a division or determine whether an agreement is fair.

How Our Remote Mutual-Agreement Process Works

1. Tell us about your situation.

   You provide factual information about the marriage, children, parenting arrangement, income, support, property and other applicable issues.

2. We review whether the matter appears to fit our document-preparation workflow.

   This is a review of company service criteria, not legal advice or a determination of either spouse’s rights.

3. We prepare the applicable documents.

   The documents are prepared using the information and completed decisions supplied by the spouses.

4. Each spouse reviews and signs the documents.

   When notarization is required, each spouse may complete a separate remote notarization session. The spouses do not have to attend the same session.

5. The parents complete the parenting course.

   Proof of completion is provided for filing with the case.

6. We provide filing support.

   Qualifying matters may be filed through the current Lee County no-hearing process used by Divorce in Florida Online.

7. The judge reviews the case.

   The judge may approve the documents or request corrections, additional information or an appearance.

8. The judge signs the Final Judgment.

   The spouses are not legally divorced until the Final Judgment has been signed and entered.

Can an Uncontested Divorce With Children Be Completed Without a Hearing?

Qualifying mutual-agreement cases involving children may be completed without either spouse attending a traditional court hearing.

Divorce in Florida Online currently files qualifying cases through a Lee County no-hearing procedure. Customers do not have to live in Lee County when their matter otherwise qualifies for the company’s process.

This is not a universal statewide entitlement or a guaranteed result. The judge retains authority over the case and may request:

• Corrections to submitted documents
• Additional information
• Additional supporting documents
• A remote hearing
• An in-person appearance

A no-hearing divorce is still a real judicial divorce. The case is filed with a Florida Clerk of Court and is completed only through a judge-signed Final Judgment.

Learn more about qualifying Florida divorces without a traditional court hearing.

How Long Does an Uncontested Divorce With Children Take?

Qualifying mutual-agreement cases handled through our current process commonly take approximately 30–45 days after filing.

This is an estimate, not a guarantee. Timing may depend on:

• How quickly both spouses provide complete information
• How quickly the documents are reviewed and signed
• Parenting-course completion
• Court processing times
• Whether corrections or additional information are requested
• Whether the judge requires an appearance

When This Mutual-Agreement Process May Not Fit

The process described on this page may not fit when:

• One spouse will not agree or sign
• The parents disagree about parental responsibility or time-sharing
• The parents have not agreed on child support
• The parents request a non-guideline support arrangement that falls outside the company’s Lee County process
• Property, debts or alimony remain disputed
• The children do not currently live in Florida
• Another state has entered a parenting or custody order
• There has been a recent interstate move
• Domestic violence, coercion or child-safety concerns exist
• A spouse believes information, income or property is being concealed
• Either spouse needs advice about legal rights or fairness

What If My Spouse Stops Cooperating?

A case may begin with both spouses intending to cooperate and change if one person stops responding or refuses to sign.

If the spouse can be located but will not cooperate, formal service by summons may be required. Learn about divorce with children by summons.

If the spouse genuinely cannot be located after a legally sufficient diligent search, publication may be considered. Publication is not used merely because a spouse refuses to sign. Learn about divorce with children by publication.

A change in circumstances may require different documents, additional procedures or legal advice. Do not assume that a case can always be converted without additional filings, costs or court requirements.

When Should a Parent Consider Speaking With an Attorney?

Legal advice may be especially important when a case involves:

• Domestic violence, coercion, abuse or child-safety concerns
• A disputed parenting plan or time-sharing schedule
• Relocation
• Existing Florida or out-of-state parenting orders
• Uncertainty about child-related jurisdiction
• A parent or child outside the United States
• Non-guideline child support
• Hidden or disputed income
• Complex property, businesses, pensions or retirement interests
• Disputed alimony
• An agreement a spouse does not understand
• Questions about whether proposed terms are fair

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

How Divorce in Florida Online Can Help

Divorce in Florida Online is a non-attorney divorce-document-preparation service with more than 15 years of experience serving customers remotely throughout all 67 Florida counties.

What we can do

• Collect factual information supplied by customers
• Prepare documents within our established service scope
• Prepare documents reflecting decisions the spouses have already made
• Coordinate separate remote notarization sessions when applicable
• Provide electronic-filing support when appropriate
• Provide information about our established document-preparation workflow

What we cannot do

• Provide legal advice
• Represent either spouse
• Negotiate between spouses
• Determine child-related jurisdiction
• Recommend a parenting or time-sharing schedule
• Decide whether equal time-sharing is appropriate
• Recommend a child-support amount or deviation
• Determine whether an agreement is fair
• Predict what the judge will approve
• Guarantee a timeline, hearing result or case outcome

Frequently Asked Questions

Can you get an uncontested divorce with children in Florida?

Yes. Spouses with minor children may use a regular mutual-agreement or uncontested divorce process when they agree on all applicable parenting, support, property and financial issues and complete the required court documents and procedures.

What must parents agree on for an uncontested divorce?

The parents must agree on the parenting plan, parental responsibility, time-sharing schedule, guideline child support, health insurance, applicable child-related expenses and any property, debt or alimony issues that apply to the marriage.

Do we need a parenting plan if we agree on everything?

Yes. A Florida divorce involving minor children generally requires a parenting plan addressing the applicable parenting responsibilities and time-sharing arrangements. The parents’ agreed plan remains subject to court approval.

Is equal time-sharing required in an uncontested divorce?

No. Florida law contains a rebuttable presumption involving equal time-sharing, but an equal schedule is not automatically required or guaranteed. The proposed parenting plan remains subject to judicial review under the child’s best interests.

Must child support be calculated if both parents agree?

Yes. Child support must still be addressed. Florida’s guidelines provide the presumptive framework, and the court retains authority to review the calculation and resulting support provisions.

Can we use a different child-support amount?

A requested deviation may require additional court findings. It generally falls outside the current Lee County no-hearing workflow used by Divorce in Florida Online and may require local filing where the children live.

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

For the company’s mutual-agreement process, both parents complete the approved course. Florida law generally requires parties to a dissolution involving minor children to complete it before Final Judgment unless excused by the court for good cause.

Can an uncontested divorce with children be completed online?

Much of the document preparation, signing, notarization and filing-support process may be completed remotely. The divorce remains a judicial case and becomes final only when a judge signs the Final Judgment.

Can we complete the divorce without attending a hearing?

Qualifying mutual-agreement cases may be processed without either spouse attending a traditional hearing. No-hearing completion is not guaranteed, and the judge may request corrections, additional information or an appearance.

How long does an uncontested divorce with children usually take?

Qualifying mutual-agreement cases handled through the company’s current process commonly take approximately 30–45 days after filing. Court processing, document completion and case-specific requirements can affect the timeline.

What if my spouse stops cooperating?

If the spouse can be located but will no longer sign, formal service by summons may be required. Publication may be considered only when the spouse cannot be located after a legally sufficient diligent search.

Can Divorce in Florida Online help us decide our parenting terms?

No. We prepare documents using information and completed decisions supplied by customers. We cannot recommend parenting terms, resolve disagreements, negotiate an agreement or decide whether proposed terms are fair.

Tell Us About Your Mutual-Agreement Divorce With Children

If you and your spouse believe you have reached complete agreement, tell us about your situation. We will review whether the factual information appears to fit one of our established document-preparation workflows.

This company review is not legal advice or a determination of either spouse’s rights.

Tell Us About Your Situation

Questions? Call or text 800-474-1970.