Divorce with Children in Florida

Most parents want their divorce handled quickly, correctly, and without endless trips to the courthouse. 

That’s exactly what we do: we prepare every document, take care of online notarization, and e-file directly with the court so your case keeps moving without delays. Instead of weeks lost to rejected forms or missing details, your divorce is streamlined from start to finish.

Divorce is never simple when children are involved. Parenting Plans, child support, and mandatory courses add layers of complexity that the court will carefully review. Even when both parents agree, the process in Florida requires precision and complete compliance with the law. Keep reading to learn what the state requires — and how we make the process easier.

Legal Framework in Florida

Florida divorces with children are governed by Chapter 61 of the Florida Statutes. These laws cover dissolution of marriage, parental responsibility, time-sharing, and child support. Cases are filed in the Circuit Court of the county where either spouse resides.

Florida is a no-fault divorce state, meaning neither parent has to prove wrongdoing. The only ground required is that the marriage is “irretrievably broken.”

But when children are part of the case, the court takes extra care. Judges won’t approve an agreement unless they are convinced that it fully protects the child’s best interests. That’s why every Parenting Plan, support calculation, and affidavit must be drafted with accuracy.

Custody, Parental Responsibility, and Time-Sharing

Florida no longer uses the word “custody.” Instead, the law separates parenting issues into parental responsibility and time-sharing.

• Parental responsibility: Who makes decisions about education, healthcare, religion, and other major issues. Courts usually award shared parental responsibility, unless one parent is proven unfit. Sole parental responsibility is rare and generally limited to cases involving abuse, neglect, or substance abuse.
  
• Time-sharing: The schedule of where and when the child spends time with each parent, including weekdays, weekends, holidays, and vacations.
  
  

Judges use the best interests of the child standard to decide both parental responsibility and time-sharing. They weigh factors such as stability of each home, ties to school and community, each parent’s willingness to cooperate, and any history of violence or neglect. Children benefit most when both parents remain actively involved, and Florida law reflects that by promoting frequent and continuing contact with both. Courts often reject schedules that don’t provide enough clarity. 

We draft Parenting Plans that are specific, realistic, and aligned with Florida law, so your case avoids unnecessary back-and-forth.

Parenting Plans in Florida

A Parenting Plan is mandatory in every Florida divorce involving children. Judges cannot finalize a case until a plan is submitted and approved.

A Parenting Plan must detail:

• Living arrangements during weekdays, weekends, holidays, and vacations
• Which parent has decision-making authority for education, medical care, and extracurriculars
  
• How communication will take place between parents and with the child
  
• Transportation responsibilities and exchange locations
  
• Dispute-resolution methods in case disagreements arise later
  

Some parents can agree on a flexible arrangement. Others, especially those who struggle to cooperate, require strict, detailed schedules. If parents cannot agree, each submits a proposed plan, and the judge decides what best serves the child.

Parents who try to draft Parenting Plans on their own often underestimate the level of detail required. Missing just one element can result in rejection and weeks of delay. We ensure every Parenting Plan is complete, balanced, and ready for approval the first time.

Parenting Course Requirement

Florida requires both parents to complete the Parent Education and Family Stabilization Course before a divorce can be finalized.

• The class is at least four hours long
  
• It covers the effects of divorce on children, co-parenting skills, and conflict resolution
  
• Parents must file a certificate of completion with the court
  

This step is mandatory. Judges cannot waive it, and missing certificates can stop a case in its tracks even if all other paperwork is correct. Our process includes clear instructions and reminders so you finish the course on time and avoid unnecessary delays.

Child Support in Florida

How Support Is Calculated

Child support in Florida is determined under §61.30 of the Florida Statutes. The formula considers:

• Each parent’s net monthly income
  
• Number of children
  
• Cost of health insurance
  
• Work-related childcare expenses
  
• The time-sharing schedule (overnights with each parent)
  

The result is a presumptive support amount that judges are expected to order. Adjustments are rare and only approved when strong reasons exist, such as extraordinary medical expenses or special-needs care.

Even in equal time-sharing arrangements, the higher-earning parent usually pays support to balance household resources. If a parent is unemployed but capable of working, income may be imputed at minimum wage or based on earning potential.

This is one of the areas where DIY divorces often fail. Parents miscalculate numbers or submit incomplete affidavits, leading to rejection or corrections from the court. We prepare the Child Support Worksheet and Financial Affidavits with precision, so your support order meets guidelines and moves forward without issue.

Enforcement and Modification

Child support in Florida is not optional — once ordered, it becomes a binding legal obligation. Parents who fail to pay can face serious consequences, including wage garnishment, suspension of driver’s or professional licenses, seizure of tax refunds, and even contempt of court proceedings. To keep payments consistent, judges usually issue an Income Withholding Order, directing employers to deduct support directly from paychecks and forward it to the Florida Disbursement Unit in Tallahassee. This creates a clear payment record and prevents disputes.

Timeline of Divorce with Children in Florida

Even uncontested divorces with children follow a longer path because of added requirements. The process typically unfolds as follows:

1. Drafting of Documents – Parents must prepare a Petition for Dissolution of Marriage, Parenting Plan, financial affidavits, child support worksheets, and (if applicable) a settlement agreement. Precision here is crucial — vague or incomplete terms cause immediate delays.
   
2. Notarization of Key Forms – Certain affidavits and waivers must be notarized. Florida courts reject documents missing notarization, adding weeks to the timeline. Our process includes secure online notarization so this step is completed instantly.
   
3. Filing with the Court – We e-file your complete set of documents with the correct Circuit Court, saving you the trouble of handling clerks’ offices and paper filings.
   
4. Service or Waiver – The respondent must be served with the Petition unless they sign a notarized waiver. Errors here are a common DIY mistake; our filings include all required notices.
   
5. Parenting Course – Both parents must complete and submit proof of the mandatory course. This requirement cannot be skipped or postponed.
   
6. Mandatory Waiting Period – Florida law imposes a minimum 20-day waiting period, but in practice divorces with children take longer because judges carefully review Parenting Plans and support.
   
7. Temporary Orders (if requested) – Parents may request temporary custody or support until the final judgment. These require additional hearings and extend the case.
   
8. Financial Disclosures – Both parents must submit sworn financial affidavits. Without them, the judge cannot approve child support or finalize the Parenting Plan.
   
9. Court Review and Hearing – Judges review Parenting Plans and child support worksheets to ensure compliance. If anything is missing, the case is sent back for revisions.
   
10. Final Judgment – Once approved, the judge signs a Final Judgment of Dissolution of Marriage, incorporating the Parenting Plan and support order into an enforceable court order.
    

While the statutory minimum is 20 days, most uncontested divorces with children in Florida take three to six months. Contested cases can stretch to a year or more. 

By managing every step — drafting, notarization, and e-filing — we keep uncontested cases on the fastest track possible.

Challenges Parents Face in Florida

Parents navigating divorce in Florida with children often run into challenges such as:

• Drafting Parenting Plans that pass judicial review
  
• Completing the parenting course on time
  
• Ensuring child support calculations meet statutory guidelines
  
• Handling notarization and e-filing correctly
  
• Avoiding disputes over relocation or time-sharing schedules
  
• Managing stress while protecting children from the conflict
  

DIY divorces often collapse under these requirements. Missing just one form or calculation can add weeks of delay. By relying on a system that manages everything end-to-end, parents save time, avoid rejections, and focus on their children rather than court procedures.

Conclusion

Divorce with children in Florida requires more than dissolving a marriage — it requires building a legally enforceable structure for parenting, financial support, and decision-making. Courts scrutinize every Parenting Plan, child support worksheet, and affidavit to ensure the child’s best interests are protected.

Families who prepare thoroughly and submit accurate, detailed documents often move through the process in a few months. Those who file incomplete or noncompliant paperwork can find themselves in frustrating cycles of revisions and hearings.

That’s why we provide a complete solution: drafting every document, notarizing online, and e-filing with the court. Instead of juggling services or worrying about mistakes, parents get a streamlined, affordable process that keeps cases on track.

Your divorce doesn’t have to be harder than it already is. With the right preparation and guidance, you can move forward quickly while safeguarding what matters most — your children.