Uncontested Divorce With Children in Florida: 2026 Guide

An uncontested divorce with children in Florida is available when both spouses agree on all issues, including time-sharing, parental responsibility, and child support. Our firm handles it for a $750 flat attorney fee statewide (court costs ~$408-$410 and notary are separate). You will file Form 12.901(b)(2), a Parenting Plan, and a child support guidelines worksheet under F.S. 61.13.

What Is an Uncontested Divorce With Children in Florida?

An uncontested divorce with children in Florida is a dissolution of marriage where the spouses have minor or dependent children and agree on every issue the court must resolve. Florida is a no-fault state under Florida Statute § 61.052, so the only ground is that the marriage is "irretrievably broken." You do not prove adultery, abandonment, or cruelty, and you do not need your spouse's consent to obtain the divorce.

When children are involved, "agree on everything" means more than splitting property and debts. The spouses must also agree on a Parenting Plan that sets out time-sharing (the Florida term for physical custody) and parental responsibility (decision-making about education, healthcare, and activities), plus child support calculated under the statutory guidelines in F.S. 61.30. If the parents cannot agree on these points, the case becomes contested and the flat fee does not apply.

Unlike a divorce with no children, a case with minor children cannot use Florida's fast simplified-dissolution track. Simplified dissolution under F.S. 61.052(2) is expressly unavailable when the couple has minor or dependent children. That means every uncontested divorce with children proceeds as a regular dissolution using Form 12.901(b)(2), with a written Marital Settlement Agreement and a Parenting Plan attached.

How Much Does an Uncontested Divorce With Children Cost in Florida?

Our firm prepares an uncontested divorce with children in Florida for a $750 flat attorney fee — the same price in every one of Florida's 67 counties. The flat fee covers the same scope whether or not you have minor children; when children are involved, the package simply adds the Parenting Plan, a child support guidelines worksheet, and a UCCJEA affidavit (Form 12.902(d)) at no extra charge.

Separate from the attorney fee, you pay county court costs. Filing fees for a dissolution of marriage in Florida typically range from about $408 to $410, and counties charge an additional fee when minor children are involved. Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk. Notary fees (often around $50 per session) are also separate.

Here is how the flat-fee approach compares with a traditional hourly retainer:

We position our fee on value and transparency, not as the cheapest in Florida. Other firms advertise lower teaser rates, but a flat $750 attorney fee with court costs disclosed up front means you know your total before you begin, and you get full representation by a licensed Florida attorney rather than a non-lawyer typing service.

Which Florida Forms Does an Uncontested Divorce With Children Require?

Because children rule out the simplified track, your case uses the regular dissolution forms. The core documents in an uncontested divorce with children include:

• Form 12.901(b)(2) — Petition for Dissolution of Marriage With Dependent or Minor Child(ren). This is the opening pleading that starts the case.
• Parenting Plan (Form 12.995(a) or (b)) — sets the time-sharing schedule, holiday and school-break rotation, transportation arrangements, and how parental responsibility for decisions is allocated under F.S. 61.13.
• Child Support Guidelines Worksheet (Form 12.902(e)) — calculates support under the F.S. 61.30 formula based on both parents' net incomes and the overnight time-sharing split.
• Marital Settlement Agreement — the written contract resolving property, debts, time-sharing, child support, and alimony. The MSA is the centerpiece of the case.
• UCCJEA Affidavit (Form 12.902(d)) — required when children are involved, establishing the children's residence history so the Florida court confirms it has jurisdiction.
• Family Law Financial Affidavit — Form 12.902(b) (short form, income under $50,000/year) or Form 12.902(c) (long form). Generally required within 45 days of service. In a child-support case the affidavits cannot be waived as freely as in a no-children case, because the court needs both parents' incomes to verify the support calculation.

Florida's standardized family law forms are published free at flcourts.gov, and filing is done through the Florida Courts E-Filing Portal at myflcourtaccess.com. Our firm prepares and reviews each of these documents so the Parenting Plan and support worksheet are complete and internally consistent before they reach the judge.

How Does Time-Sharing Work in an Uncontested Florida Divorce?

Florida does not use the word "custody." Under F.S. 61.13, courts allocate time-sharing (the physical schedule) and parental responsibility (decision-making authority). Effective July 1, 2023, Florida law presumes that equal time-sharing is in the best interest of the child. The presumption is rebuttable, but in an uncontested case the parents simply agree on a schedule and write it into the Parenting Plan.

A Parenting Plan must, at minimum, describe how the parents will share daily tasks, the time-sharing schedule (including weekdays, weekends, holidays, and school breaks), which parent handles healthcare and school-related decisions, and the methods and technologies the parents use to communicate with the child. Even when parents agree, the judge reviews the plan against the best-interest factors in F.S. 61.13(3) before approving it.

Most parents in an uncontested case choose shared parental responsibility, meaning both parents confer on major decisions about the child's education, healthcare, and welfare. Sole parental responsibility is reserved for situations where shared decision-making would be detrimental to the child. Because the agreed plan still has to serve the child's best interests, it helps to have a licensed Florida attorney confirm the language meets statutory requirements before filing. For a deeper walk-through, see our guide on the parenting plan in a Florida divorce.

How Is Child Support Calculated in a Florida Uncontested Divorce?

Child support in Florida is not negotiable down to zero — it is set by the statutory guidelines in F.S. 61.30, even in an uncontested case. The formula combines both parents' net incomes, the number of children, and the number of overnights each parent has under the time-sharing schedule, then produces a presumptive monthly amount. Under F.S. 61.30(11)(b), when a parent exercises substantial time-sharing (generally 20% or more of overnights), the calculation computes each parent's obligation and the parent with the larger obligation pays the net difference.

The parents complete a Child Support Guidelines Worksheet (Form 12.902(e)) and attach it to their agreement. A judge can approve an amount that deviates from the guideline by up to 5% without written findings; a larger deviation requires the court to make specific written findings explaining why the guideline amount would be unjust or inappropriate. This is why you cannot simply agree to skip support — the court independently verifies the number protects the children.

Child support also addresses health insurance, uncovered medical expenses, and (where relevant) childcare costs needed for a parent to work. Our firm runs the guidelines worksheet for you and folds the result into the Marital Settlement Agreement so the figures in your MSA, worksheet, and Parenting Plan all match.

What Are the Steps to File an Uncontested Divorce With Children in Florida?

The regular dissolution process for parents follows a predictable sequence. The court controls final scheduling, so timelines are typical ranges, not guarantees:

Florida imposes no mandatory waiting period after filing (0 days), though counties may complete a child-support divorce somewhat more slowly than a simple no-children case because the judge must review the Parenting Plan and support worksheet. To understand how this differs from a fought-over case, compare our breakdown of uncontested vs. contested divorce in Florida.

Simplified vs. Regular Uncontested Dissolution With Children

Parents frequently ask whether they can use Florida's faster simplified-dissolution track. They cannot. The table below shows why a divorce with children always uses the regular uncontested path:

Because simplified dissolution is off the table once there are children, every parent's uncontested case runs through the regular dissolution forms — but it is still uncontested as long as you and your spouse agree on all issues, including the Parenting Plan and support.

When Is an Uncontested Divorce With Children the Right Fit?

An uncontested divorce with children works well when both parents genuinely agree on time-sharing, decision-making, property and debt division, and child support, and when neither parent is hiding income or assets. It is a poor fit, and may become contested, when there are disputes over relocation, allegations affecting parental fitness, suspected dissipation of marital assets under F.S. 61.075(1)(f), or complex businesses and retirement accounts requiring valuation.

This does not mean you must navigate the process alone — it means you should know when a case is too complex for a flat-fee path. A licensed Florida attorney prepares and reviews your Parenting Plan, runs the F.S. 61.30 support worksheet correctly, and confirms the MSA covers every required topic before the judge sees it. Non-lawyer document-preparation or "online divorce" typing services cannot give legal advice or catch a substantive error in your time-sharing schedule or support figures, which can delay your final hearing.

If your agreement covers property and debts as well, our Marital Settlement Agreement Florida guide explains what the MSA must contain. When you are ready, our office can confirm whether your case qualifies as uncontested and prepare every document for the $750 flat attorney fee.

A Note From the Author

I have practiced Florida family law since 2006 and have prepared uncontested dissolutions for parents in every region of the state. The most common avoidable delay I see is a Parenting Plan or child-support worksheet that does not match the numbers in the Marital Settlement Agreement, which forces a continuance at the final hearing. Getting those three documents consistent before filing is the single biggest reason an uncontested divorce with children moves smoothly.

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.