The Situation
These spouses had been married for well over a decade and had been living apart for years. They have two teenagers. The children live with their mother in Florida, and their father lives in another state, so the case turned on how the children would split their time and how support would work when the parents are far apart.
What They Agreed On
The parenting plan says the children live primarily with their mother during the school year. Because of the distance, it does not use a weekly rotation. Instead, their father has time-sharing during summer break and winter break on dates the parents confirm in writing, with a yearly planning deadline for summer dates and a fallback split of winter break if they cannot agree. The father arranges the children's travel, and exchanges take place at the mother's home or at the airport.
Child support was already being paid under an existing order from the father's state. The settlement agreement sets the same monthly amount under the Florida case, states that it is the same obligation and not an additional one, and credits every payment made under the older order. Payments continue through the state payment center. The agreement also covers health insurance through a state program, an equal split of uncovered medical costs, school fees, tutoring and camps, the mother paying for sports and activities, and the mother claiming both children for tax purposes. Both spouses waived alimony. Neither owns real property, vehicles or retirement accounts, so each keeps their own bank accounts and personal property.
How the Case Moved
The firm was hired on day zero. The spouses signed in a remote online notary session, and the petition and the other documents were filed 15 days after hire. The judge entered the Final Judgment 1 day later, which is 16 days after hire, without a hearing. The Final Judgment ratifies the parenting plan and the settlement agreement, and the stamped copies of both were attached to it.
What Slowed It Down
Filing waited for a payment card to be placed on file for the court filing fee after signing was done. The signed documents also had to be saved into the case file by hand before they could be uploaded.
What Other Couples Can Take From This
When parents live in different states, a parenting plan can be written around school breaks, travel and planning dates instead of a weekly schedule. When support is already being paid under another state's order, the agreement can say the new amount replaces and does not add to it.
What Slowed This Case Down
- Filing waited until a payment card was placed on file for the court filing fee after the spouses had signed.
- The signed documents had to be saved to the case file by hand before they could be uploaded to the court.
Frequently Asked Questions
How does a parenting plan work when the parents live in different states?
A long-distance parenting plan usually builds time-sharing around school breaks instead of a weekly rotation. It states where the children live during the school year, when the other parent has summer and winter breaks, who arranges and pays for travel, where exchanges happen, and how the parents confirm dates in writing each year.
What happens when child support is already being paid under another state's order?
The settlement agreement can set the Florida amount and say that it is the same obligation as the existing order, not an additional one, with payments under the older order credited toward it. In this case payments kept going through the same state payment center.
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.
Does a spouse in another state have to come to Florida to finalize the divorce?
No. Under section 61.021 of the Florida Statutes only one spouse has to have lived in Florida for six months before filing. The other spouse can sign the papers from out of state in a remote online notary session, and in this case the judge entered the Final Judgment without a hearing.
About the Author

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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