The Situation

These spouses had been married for more than twenty years and had one school-age child. They were still living in the same home when they hired the firm, and they planned to sell it. They had agreed on most terms before signing, which meant the paperwork could move quickly once they were ready.

What They Agreed On

The parenting plan has the child living primarily with her mother, with her father having every other weekend and a fixed holiday and school-break schedule that repeats every year. The plan starts on the first Friday after the later of the Final Judgment and the date the parents begin living in separate homes, and until then the child stays in the same household with both parents.

The parents agreed that neither pays periodic child support. The child support worksheet filed with the case shows a presumptive guideline amount, and the settlement agreement states the schedule is not equal and records that they voluntarily agreed to a different figure. The father keeps the child on his health coverage, uncovered medical costs and school and activity costs are split equally, and the mother claims the child for taxes each year.

The home is to be sold to a third party. The agreement sets a deadline to choose a broker, a deadline to list the home, equal sharing of the mortgage and upkeep until closing, and an equal split of the net proceeds at closing. Each spouse keeps a vehicle, the mother keeps her own retirement account and bank accounts, and the father keeps the account the mother was a joint holder on and agrees to remove her within a set time. They split the one joint credit card balance equally, each handles their own individual debts, both waived alimony, and each pays their own attorney's fees.

How the Case Moved

The firm was hired on day zero. The documents were signed in a remote online notary session, and the filing was made 14 days after hire. The judge entered the Final Judgment the same day it was filed, 14 days after hire, without a hearing, once the proposed judgment with the stamped settlement agreement and parenting plan was submitted.

What Slowed It Down

One spouse asked to pause the case after signing. Filing waited until both spouses spoke with the firm together and confirmed they wanted to proceed. The filing fee payment method also had to be confirmed before the case could be filed.

What Other Couples Can Take From This

When a home is being sold, the settlement agreement can set dates for choosing a broker and listing, who pays carrying costs until closing, and how the proceeds are split, so the judgment itself is not delayed by the sale. When parents agree to a support figure that differs from the guideline amount, the worksheet and the agreement can both show the guideline number and the agreed number.

What Slowed This Case Down

  • One spouse asked to pause the case after the documents were signed, and filing waited until both spouses confirmed together that they wanted to go ahead.
  • The court filing fee payment method had to be confirmed before the case could be filed.

Frequently Asked Questions

What happens to the marital home when a divorce is uncontested and the home is being sold?

The settlement agreement can set a timeline for choosing a broker and listing the home, say who pays the mortgage, taxes and upkeep until closing, and direct that the net proceeds be split in agreed shares at closing. The Final Judgment makes those terms a court order, and the sale itself happens after the judgment.

Can parents agree to a child support amount different from the guideline figure?

Parents can agree to an amount different from the guideline figure, and the Florida child support worksheet shows the presumptive guideline number for the judge to compare. The settlement agreement explains the difference and the judge decides whether to approve it. Child support can be modified later if circumstances change.

Why was the case filed in a county where neither spouse lives?

Florida courts allow spouses to agree in writing on where an uncontested dissolution is filed. Here the settlement agreement included a venue clause, and the case was filed in a single county under that written venue agreement. Neither spouse had to travel for a hearing.

Can an uncontested case be paused after the documents are signed?

Nothing is filed with the court until the case is submitted. If a spouse has second thoughts after signing, the filing can wait while the spouses talk. In this case the spouses spoke together and confirmed they wanted to go ahead, and the case was then filed.

About the Author

Antonio G. Jimenez, Esq., Florida divorce attorney

Antonio G. Jimenez, Esq.

Florida attorney since 2006 · Florida Bar #21022 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

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