Child Custody and Support

Florida law uses the term time-sharing instead of custody, focusing on the best interests of the child. Both same-sex and opposite-sex parents are held to the same standards.

Where complexity arises is with legal parentage. If both spouses are recognized as legal parents — through adoption, surrogacy, or a birth certificate — they are on equal footing. But if one spouse is not legally recognized, their ability to claim rights may be limited.

Child support follows the Florida Child Support Guidelines. These calculations consider each parent’s income, health insurance, childcare expenses, and the percentage of time spent with the child. The process is formula-driven, but ensuring accuracy matters, because the court will not approve agreements that don’t align with the guidelines.

Property and Debt Division

Florida follows equitable distribution, dividing marital property fairly, though not always equally. Marital property includes assets and debts acquired during the marriage. Separate property — such as inheritances, gifts, or property owned before marriage — generally stays with the original owner.

For same-sex couples, this can feel complicated. Many partners lived together, bought homes, and shared finances long before they could legally marry. Yet Florida courts usually consider only property acquired after the legal marriage date. This can create frustration, as years of shared contributions may not legally count as marital property.

When handled carefully, however, spouses can still reach fair agreements that avoid costly disputes.

Spousal Support (Alimony)

Florida courts may award alimony when one spouse has a financial need and the other has the ability to provide support. Judges look at:

• Duration of the marriage (short-term, moderate-term, or long-term)
  
• Income, resources, and earning capacity of each spouse
  
• Standard of living during the marriage
  
• Contributions to the marriage, including homemaking and childcare
  
• Age and health of both spouses
  

For same-sex couples, the marriage duration can be especially challenging. Courts use the legal marriage date, not the relationship’s start date, to calculate length. This affects how alimony is categorized, and whether it is short-term, moderate, or long-term.

Couples who agree in advance on reasonable support terms typically see their divorces move through court much more quickly.

Florida Uncontested Divorce Timeline

Even in an uncontested divorce, the Florida process is more involved than many couples expect. Courts require strict compliance with disclosure rules and notarization of documents before anything can move forward.

1. Drafting the Required Documents

The first step is not filing, but drafting a complete set of divorce documents. In Florida, this usually includes:

• Petition for Dissolution of Marriage – the initiating document that opens the case.
  
• Marital Settlement Agreement – covering parenting arrangements, child support, property division, debts, and alimony.
  
• Parenting Plan – required if children are involved, detailing custody schedules, decision-making, and time-sharing.
  
• Child Support Guidelines Worksheet – calculating support obligations under Florida’s formula.
  
• Financial Affidavits – sworn disclosures of each spouse’s income, expenses, assets, and liabilities.
  
• Notice of Social Security Number – required for each spouse.
  
• Vital Statistics Form – used for state records.
  
• Proposed Final Judgment of Dissolution of Marriage – the order for the judge to sign if the paperwork is approved.
  

Each document must be consistent with the others. For example, the Parenting Plan must align with the Child Support Worksheet, and both must match the Financial Affidavits. Any contradiction can result in rejection by the judge. Drafting the documents correctly the first time is critical.

2. Notarization of Documents

Several Florida divorce documents must be notarized or signed in the presence of a notary to be valid. This typically includes:

• The Petition (if filed pro se).
  
• The Marital Settlement Agreement.
  
• Financial Affidavits.
  
• Parenting Plans (if children are involved).
  

Florida does allow Remote Online Notarization (RON) in many counties, enabling spouses to notarize documents over a secure video call. However, not all clerks and counties accept online notarization, so couples must check local requirements carefully. Filing documents that are notarized improperly can result in rejection and delays.

3. Filing with the Circuit Court

After documents are drafted and notarized, they are filed in the circuit court of the appropriate county. Filing in the wrong county or failing to include notarized documents can result in dismissal or force the spouses to refile. The Petition officially opens the case, but it must be accompanied by the complete packet of supporting filings for the process to move forward smoothly.

4. Serving the Other Spouse

If the divorce is not filed jointly, the filing spouse must ensure proper service of the Petition and Summons on the other spouse. Service can be completed by sheriff, process server, or certified mail in limited circumstances. Improper service stalls the case and may require restarting the process.

5. Mandatory Financial Disclosures

Florida requires mandatory disclosure of financial information, even in uncontested cases. Both spouses must exchange:

• Complete Financial Affidavits.
  
• Tax returns.
  
• Bank statements
  
• Pay stubs.
  
• Credit card and loan statements.
  
• Deeds, titles, and retirement account statements.
  

The mandatory disclosure rules are detailed and time-sensitive. Failing to exchange required documents can give the court grounds to delay or even reject the final judgment.

6. Submitting Agreements and Final Hearing Preparation

Once disclosures are exchanged, the court expects properly executed agreements to be submitted. This includes the notarized Settlement Agreement, Parenting Plan, Child Support Guidelines Worksheet, and any other required forms. Judges carefully review these documents for legal sufficiency and fairness, especially when children are involved.

7. Final Hearing

Even in uncontested divorces, Florida courts sometimes require at least one spouse to attend a final hearing before a judge. The hearing is typically brief but still formal. The judge will confirm residency, ensure that agreements comply with Florida law, and verify that both parties consent freely. If the documents are incomplete, inconsistent, or improperly notarized, the judge can refuse to sign the decree.

8. Final Judgment of Dissolution of Marriage

If the judge is satisfied, they will sign the Final Judgment of Dissolution of Marriage, officially ending the marriage. Only then is the divorce final.

Why the Process Can Become Complicated

Although uncontested divorces in Florida are generally faster than contested cases, small errors can cause major delays. Common problems include:

• Drafting mistakes that make agreements inconsistent.
  
• Missing notarizations or use of online notarization where it isn’t accepted.
  
• Failure to meet mandatory disclosure deadlines.
  
• Filing in the wrong county or omitting required attachments.
  

Each of these mistakes can force spouses back to the drafting stage, extending a process that might have taken a few months into something much longer and more expensive.

Unique Considerations in Same-Sex Divorce

• Parental rights: A non-biological spouse who hasn’t legally adopted may face obstacles in custody.
  
• Property acquired before 2015: Courts may not treat it as marital property.
  
• Privacy and efficiency: Some couples prefer uncontested divorces to avoid lengthy or public courtroom proceedings.
  

These factors highlight why careful preparation is vital. What seems like a straightforward divorce can quickly become complicated without it.

Moving Forward

While the law ensures equality, LGBTQ+ divorces often involve sensitive issues that deserve careful attention. Couples who prepare their documents properly and resolve terms outside the courtroom usually find the process far less painful.

For many, relying on an online divorce service designed for uncontested cases provides the most practical solution. It reduces costs, avoids courtroom disputes, and ensures paperwork is ready for approval. Whether you’re in Miami, Orlando, Tampa, Jacksonville, or anywhere else in Florida, the option is available to make divorce smoother and more affordable.