Can You File an Uncontested Divorce with a Child
Posted by Steven Miller in Uncontested Divorce on August 18, 2025
Yes, can you file an uncontested divorce with a child? It is possible, as long as both parents are on the same page about custody, child support, and other parenting matters. When both parties cooperate, an uncontested divorce offers a less stressful way to move forward.
At Steven Miller, we have guided countless Florida families through this process, ensuring each step is clearly explained and completed correctly.
Schedule your free consultation with Steven D. Miller, P.A. and move forward with confidence.
Understanding the Costs of an Uncontested Divorce with Children
An uncontested divorce involving children is typically more affordable compared to a contested divorce, but it still requires careful planning. Court filing fees in Florida usually fall between $400 and $450. Additional expenses may arise from creating a parenting plan or completing mandatory parenting classes that help parents focus on the well-being of their children.
Some typical costs include:
- Court filing and administrative fees.
- Parenting courses are required by Florida law.
- Drafting or reviewing parenting plans.
- Preparing child support worksheets and financial affidavits.
Because both parents agree on the terms, uncontested divorces save time and reduce tension. Many families appreciate that this process allows them to stay in control of decisions rather than leaving every detail to a judge. With proper preparation, the costs can remain predictable, and parents can avoid the financial strain of lengthy court battles.
It is also worth noting that some counties may require additional local forms or small administrative fees. Reviewing these requirements with a legal professional can prevent delays and ensure that all paperwork is submitted correctly.
How to Properly File for Divorce When Children Are Involved
Filing for an uncontested divorce with children begins with clear communication. Both parents must make joint decisions about time-sharing, child support, and responsibilities. Once these terms are set, the necessary documents are drafted and filed with the appropriate family court. Preparing early and gathering financial records, school schedules, and insurance information can make the filing process much smoother.
Parents often benefit from drafting a checklist to track required forms, deadlines, and parenting class requirements. This simple step ensures that nothing is overlooked, which can help the divorce proceed quickly.
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Required Documents for Uncontested Divorce Cases with Kids
Key paperwork for an uncontested divorce with children includes:
- Petition for Dissolution of Marriage (Form 12.901(b)(1)).
- Parenting Plan agreed upon by both parents and approved by the court.
- Child Support Guidelines Worksheet to calculate support amounts.
- Notice of Hearing.
- Certificates of completion for required parenting courses.
According to Florida Supreme Court Form 12.923, the court sets a final hearing date once all documents are filed. Hearings are generally brief and focus on confirming that all agreements are fair and in the best interests of the child. Parents who take time to review the paperwork together often feel more prepared and confident when the court date arrives.
Parents sometimes include extra agreements covering future changes, like holiday schedules or relocations. These proactive steps can prevent future disputes and give children a sense of stability during the transition.
How Is Child Support Calculated in Uncontested Divorces?
Child support in Florida is determined using state guidelines that consider both parents’ incomes, the number of overnight stays, health care expenses, and other factors. These calculations ensure that children receive consistent financial support. Parents can propose an alternative amount if they agree and the court determines it meets the child’s needs.
Having all financial details ready, such as pay stubs, tax returns, and records of childcare costs, makes this part of the process easier. When parents work together on these calculations, the process is faster and less stressful.
Parents who want more control over support terms often prepare detailed written agreements that clearly state payment schedules and methods. This helps prevent misunderstandings and keeps everything organized for both parties.
Is It Possible to Get a Divorce Without Paying Child Support?
In Florida, child support is rarely waived altogether. A zero-support arrangement is considered only if both parents earn similar incomes, share equal time with the child, and cover all expenses directly. The court’s role is to ensure that any arrangement supports the child’s well-being and future needs.
Handling Child Custody in Uncontested Divorce Cases
Child custody, referred to as parental responsibility, must be clearly outlined in every divorce involving children. Florida courts generally favor shared parental responsibility, which means both parents have a voice in significant decisions about the child’s health, education, and upbringing.
A detailed time-sharing schedule helps parents avoid misunderstandings and provides children with consistency. This schedule should outline weekdays, weekends, holidays, and school vacations. Clear communication and a fair plan help maintain a healthy co-parenting relationship.
Parents can also include special provisions for extracurricular activities, transportation arrangements, and medical care. Having these details in writing often reduces future conflicts and keeps both parents on the same page.
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Creating an Effective Parenting Plan for Your Children
Every Florida divorce with children requires a Parenting Plan. A Parenting Plan is necessary even when parents agree on everything. This plan outlines:
- Day-to-day schedules and routines.
- Holiday and vacation time.
- Communication guidelines for calls, texts, or video chats.
- Decision-making processes for school and healthcare.
If parents cannot agree, the court will create a plan. Special forms, such as the Supervised/Safety Focused Parenting Plan (Form 12.995(b)) or the Relocation/Long Distance Parenting Plan (Form 12.995(c)), are available for unique circumstances. As noted by the Florida Supreme Court-approved family law forms.
A thoughtful plan helps minimize conflicts, keeps children’s needs at the forefront, and allows both parents to remain active in their child’s life.
Contact an Experienced Uncontested Divorce Lawyer
An uncontested divorce with children can be smooth with the right approach. At Steven Miller, we prepare necessary documents and craft agreements focused on your child’s best interests. We aim to guide you clearly, ease stress, and carefully handle each step.
Call us at 877 348 33 54 or visit 950 S Pine Island Rd Unit A-150, Plantation, FL 33324. Let us help you move forward with confidence and peace of mind.
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Steven D. Miller, P.A.
With over three decades of experience, Steven D. Miller is a Florida family law attorney known for his straightforward, no-nonsense legal advice. Today, he focuses on providing affordable, flat-fee divorce services across Florida, helping clients navigate the legal system without large retainers or hourly billing. Known for his blunt honesty, client-first approach, and commitment to making the law accessible, Steven is a BBB-accredited attorney based in Plantation, FL.
