Can you seek an uncontested divorce if you have children?

On Behalf of | Dec 20, 2022 | Divorce |

Splitting up is rarely easy, especially when it comes to the end of a marriage. Even if you and your spouse agree that an uncontested route works, you may have more to consider if you have children.

While you can still file for and receive an uncontested divorce in Florida with children, there are other factors you need to hammer out before the judge grants it.

What do you need for an uncontested divorce?

For a divorce to proceed down the uncontested route, you and your spouse must agree on everything, including property, asset and debt division. Without children in common, you can file a simplified dissolution of marriage. However, if you have children, you need to file a regular dissolution of marriage that will ultimately go through the system as uncontested.

How does having children complicate things?

Other than the personal side of divorce with children, the legal process becomes a bit more convoluted. In addition to the money division, you need to account for child-related issues, including:

  • Legal custody, or who has the right to make decisions for the children
  • Physical custody or parenting time in the form of a parenting plan
  • Child support

The parenting plan is the more difficult document because it gives the court details on how you and your spouse plan to parent after divorce. The foundation of the parenting plan is a schedule that sets forth who will have physical custody of the children throughout the year, including weekends and holidays.

You can still resolve your divorce in an uncontested fashion with children. The key is to remain on the same page with your spouse and compromise to ensure that your children’s best interests come first.