Trying to end a marriage without courtroom fights, yet you have kids to think about? You want a plan that keeps life steady for your children, sets fair support, and respects both parents. At Kofsky Law Office, P.A., led by Martin Kofsky, we take pride in clear guidance and effective, personalized representation that fits your family. In this guide, we break down the Florida rules, forms, and steps for an uncontested divorce with children, so you know what to expect and what to file.
Basic Requirements and Timelines
Florida is a no-fault state, which means you only need to state that the marriage is irretrievably broken. One spouse must be a Florida resident for at least six months before filing. The law also sets a minimum 20-day wait after filing before the judge can grant the divorce.
Here are the core requirements most families follow in an uncontested divorce case with children:
- Agree that the marriage is irretrievably broken, with no need to prove wrongdoing.
- Confirm six months of Florida residency for at least one spouse, proven with ID, a witness, or similar proof.
- Reach full agreement on timesharing, parental responsibility, child support, and division of property and debt.
Once you meet these basics, the rest comes down to filing the right forms and preparing for a short court hearing.
Essential Documents and State Requirements
Paperwork sets the tone for a smooth, uncontested case. Filing complete and accurate forms helps avoid delays and repeat trips to the courthouse.
Core Legal Forms
The process starts with the Petition for Dissolution of Marriage with a Dependent or Minor Child, Form 12.901(b)(1). Each spouse must also file a Family Law Financial Affidavit, short form 12.902(b) or long form 12.902(c), based on income. Since children are involved, include the UCCJEA Affidavit, Form 12.902(d), to confirm the child’s residence history for court jurisdiction.
To keep everything crystal clear, most couples prepare a Marital Settlement Agreement, often on Form 12.902(f)(2). You will also need a Parenting Plan, as discussed below, and a Child Support Guidelines Worksheet (Form 12.902(e). When all forms are ready, file a Notice of Hearing to set your final court date.
Filing complete forms is only part of the process. Florida also requires a short parent education course in all cases with minor children.
Mandatory Parent Education Course
Both parents must complete a 4-hour Parent Education and Family Stabilization Course. The course must be approved by the Florida Department of Children and Families (DCF). If proof of completion is not filed, the judge can pause your case until the certificate is submitted.
Many parents take the course online, which can save time. Keep your completion certificate handy, and upload or file it the same week you receive it to avoid delays. Judges want to see that both parents understand the impact of divorce on children and have tools to keep conflict low.
Structuring an Effective Parenting Plan
A thoughtful Parenting Plan keeps your child’s life predictable and keeps co-parenting smoother. Florida courts will review your plan line by line to be sure it works in real life.
Focusing on the Best Interests of the Child
Judges use the best interests of the child standard. They look at stability, safety, and the ability of both parents to support the child’s needs. Shared Parental Responsibility is common, which means both parents share decision-making for education, medical care, and religious matters.
There are times when decision-making is not shared, like cases with safety issues or high conflict, but that is less common in an uncontested case. Your plan should show how you will communicate, exchange information, and keep your child’s schedule steady. The clearer the plan, the easier life gets for everyone.
Key Elements of a Successful Plan
Timesharing must be detailed, not vague. Spell out school nights, weekends, summer break, birthdays, and every holiday that matters to your family. Include pick up and drop off times, who drives, how last-minute changes get handled, and how the child communicates with the other parent when not present.
Florida offers standard Parenting Plan forms, including Form 12.995(a) for most cases and Form 12.995(c) for long-distance or relocation situations. Off-the-shelf templates often miss details that later cause conflict, like travel costs or overlapping extracurriculars. Write out how you will split activity fees, how medical copays are paid, and how school events are handled.
- State the normal weekly schedule, with exact times and locations for exchanges.
- List every holiday and school break, showing odd and even year rotations if needed.
- Explain communication rules, including phone, text, video, and response times.
- Assign responsibility for transportation, activity fees, and health insurance extras.
If you are unsure which plan form fits, this comparison helps.
| Plan Type | Best Use | Form Number | Notes |
| Standard Parenting Plan | Parents live relatively close and share frequent timesharing | 12.995(a) | Most common in uncontested cases |
| Relocation or Long-Distance Plan | Parents live far apart or plan to move a long distance | 12.995(c) | Includes travel arrangements and extended breaks |
Put in the work now to avoid confusion later. Judges often approve detailed plans quickly, which keeps the case on track for a short final hearing.
Calculating and Approving Child Support
Child support is not a guess. Florida has a formula that courts must follow, and it starts with accurate financial affidavits and a completed worksheet.
Adhering to Florida Statutory Guidelines
Support is calculated using both parents’ net incomes, the number of overnights in the Parenting Plan, and the cost of health insurance and childcare. The Child Support Guidelines Worksheet, Form 12.902(e), lays out the math in a standard format. Judges rely on this form to verify that the final number makes sense under the law.
Key inputs for the worksheet include:
- Each parent’s net income after allowable deductions.
- Total overnights for each parent in the Parenting Plan.
- Childcare, health insurance, and uncovered medical costs for the child.
Submitting a clean, accurate worksheet reduces questions at the hearing. If incomes change later, support can be modified, but the court needs a solid starting point.
Handling Deviations and Zero-Support Agreements
Courts rarely approve zero support. It can happen if incomes are very close, timesharing is truly equal, and both parents already split child-related costs in a balanced way. Even then, judges will study the budget to be sure the child’s needs are fully met.
If you want a number that differs from the guideline, file a Motion to Deviate from Child Support Guidelines. The request must include written reasons, such as unusual medical costs or a child with special needs. A judge can allow a different amount if it clearly serves the child’s best interests and the plan still works long term.
What to Expect at the Final Court Hearing
The final hearing in an uncontested divorce is usually short and calm. Many last only 15 to 30 minutes.
Presenting the Agreement to the Judge
The judge will review your Petition, Parenting Plan, Financial Affidavits, Child Support Worksheet, and Settlement Agreement. Expect a few questions about timesharing, support, and whether both parents completed the DCF-approved course. The judge wants to confirm that the agreement is voluntary, fair, and focused on the children.
Bring a photo ID, an extra copy of each form, and your course completion certificates. Some courts accept remote appearances, while others want you in person. Once the judge is satisfied, they will sign the Final Judgment of Dissolution of Marriage, which makes the Parenting Plan and support terms legally binding.
With the signed judgment, you can update schools, doctors, and insurance. Keep copies of the Parenting Plan handy for future reference. If a problem comes up later, the plan will guide next steps.
Move Forward With a Clear Plan for Your Family
An uncontested divorce with children still requires careful attention to parenting issues, paperwork, and court approval. Kofsky Law Office, P.A. helps Florida parents handle these cases with a focus on practical agreements, steady guidance, and a smoother process from start to finish.
If you are ready to discuss an uncontested divorce, call 561-407-0703 or reach out through our Contact Us to schedule a free consultation. We welcome your questions and are ready to help you create a workable agreement that protects your rights and supports your children’s well-being.
