When parents decide to end their marriage, the process can feel overwhelming, especially when children are involved. Fortunately, an uncontested divorce offers a peaceful and legally valid path forward—even for families with kids. As long as both parents agree on the major aspects of custody, support, and co-parenting responsibilities, they can avoid the stress and cost of litigation. In Florida, an uncontested divorce involving children is not only possible, but it is also a common option for couples who are willing to cooperate.

The legal system recognizes that the well-being of the child is of utmost importance. Therefore, while in-person court appearances are typically not required in uncontested cases, the judge still reviews every document submitted to ensure it complies with Florida law and protects the child's best interests. The paperwork must be complete, accurate, and properly notarized to avoid delays or rejections.

Legal and physical custody

In any divorce involving children, custody arrangements must be clearly defined. Custody has two major components: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child’s education, healthcare, religion, and general welfare. Physical custody refers to where the child will live and who will be responsible for daily care.

In Florida, both types of custody can be shared (joint custody) or granted to one parent (sole custody), depending on what both parties agree to. Most often, parents opt for some form of shared parental responsibility, unless there is a compelling reason to do otherwise. Regardless of the arrangement, it must be documented clearly in the Parenting Plan.

Visitation and time-sharing schedules

The more specific the plan, the better it will serve the family and reduce future conflict. Even in amicable divorces, it’s important to define these terms clearly to avoid miscommunication or unmet expectations.

Parenting Plan

A Parenting Plan is required by Florida law in all cases involving minor children. This document sets forth how the parents will share daily tasks, make decisions, communicate with each other, and handle any changes to the schedule or responsibilities. It must also describe how both parents will communicate with the child when he or she is with the other parent (e.g., phone calls, video chats).

The Parenting Plan must be signed and notarized by both parties. The court will not finalize a divorce involving children without it, even if all other paperwork is complete. This document serves as a long-term blueprint for co-parenting and can be modified later if circumstances change and both parties agree—or if the court finds it necessary.

Child support

Florida requires a standardized approach to calculating child support to ensure the child receives adequate financial support from both parents. The amount is determined using a state-mandated formula that considers:

1. Each parent’s gross income
   
2. The number of overnights the child spends with each parent annually
   
3. Childcare and health insurance expenses
   
4. Any special needs or extraordinary expenses
   

Parents must submit a completed and signed Child Support Guidelines Worksheet, which demonstrates how the agreed-upon amount was calculated. This worksheet typically only needs to be signed by the Petitioner, but it must align with the Parenting Plan and the time-sharing arrangement.

Even if both parents agree to waive child support or propose an amount different from the formula, the court must still approve it. Judges have the authority to reject child support terms if they do not serve the child’s best interests or if the proposed amount deviates too far from the legal guidelines without proper justification.

Required documents for cases involving children

To file an uncontested divorce involving minor children in Florida, several additional documents are required beyond the standard divorce forms:

1. PET UCCJEA Affidavit – The Petitioner must complete and notarize this affidavit, which provides the court with details about the child’s residence history and confirms that Florida has proper jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
   
2. RES UCCJEA Affidavit – The Respondent must also complete and notarize a similar affidavit, confirming the same information about jurisdiction.
   
3. Parenting Plan – This critical document must be notarized by both parents and submitted to the court as part of the divorce packet.
   
4. Child Support Guidelines Worksheet – This form must be completed and signed by the Petitioner. It shows how the child support amount was calculated using Florida’s child support formula.
   

Each of these documents must be filled out correctly, and where required, notarized. Inaccurate or incomplete forms can result in delays or even the dismissal of the case. That’s why it’s essential to review the requirements closely or work with a case attorney to ensure compliance.

No court appearance required

One of the greatest advantages of uncontested divorce with children in Florida is that court appearances are generally not required if everything is filed correctly. The judge will review the documents behind the scenes and issue a final judgment if everything is in order. This saves both time and stress for families already undergoing a significant transition.

Peaceful transition for the whole family

By choosing uncontested divorce, parents prioritize cooperation and stability over conflict. They retain control over how to raise and support their children, rather than leaving those decisions up to a judge. With clear agreements and the right documents in place, it is entirely possible to achieve a legally valid and emotionally healthier outcome for everyone involved.

If you're considering divorce and have children, our platform is designed to help you navigate every step of the uncontested process—efficiently, affordably, and with your child’s best interests at heart.