This couple had been married for almost twenty years and had one daughter in high school. They had decided to end the marriage, but they were still living in the same home, in separate bedrooms, and planned to keep doing so for the child's benefit for a few more years. Their case shows how an uncontested divorce can work when the spouses are not separating households yet, and what happens when the judge wants the parenting plan to cover the day they do.
The first parenting plan described the arrangement as it actually was. The parents shared parental responsibility, the child lived with both of them, and each parent covered part of her school-day pick-ups. Because there was no two-household schedule yet, the plan did not say what would happen after one parent moved out. At a short video hearing, the judge approved the overall package but asked for a permanent post-separation time-sharing schedule so that the plan would work on the day the parents stop living together.
The parents agreed on a schedule and the firm amended the documents. If either parent moves out, one parent has the child every Friday through Sunday evening plus every other Tuesday overnight, and the other parent has all other time. That works out to roughly 235 overnights with one parent and 130 with the other. The firm reran the child support guidelines worksheet using those overnights. While the parents live together, nobody pays child support, and the agreement explains that both parents directly pay for the child's housing and expenses. Once the post-separation schedule starts, the parent with fewer overnights pays a fixed monthly amount that the worksheet produced, with no further court action needed. The parents also split the child's school costs, activities, and unreimbursed medical expenses equally, and one parent carries the child's health coverage and claims her on taxes each year.
The home was handled in a way that fit their plans. It was titled and mortgaged in one spouse's name only, but both spouses agreed each owns half of its equity. Either spouse can start the sale-or-buyout process by giving six months' written notice. The home is then appraised, and the spouses either sell or the titled spouse refinances and buys out the other half, with a sale as the automatic default if no decision is made. The spouse on the mortgage stays responsible for it and for the family car loan, and no one has to refinance today. They kept their own bank accounts, there were no retirement accounts to divide, and alimony was waived by both.
Both spouses signed before a Florida online notary over video. After the packet was filed and the judge raised the time-sharing issue at the hearing, the parents signed the amended agreement and parenting plan before the notary again, the firm filed them on the existing case, and the proposed Final Judgment was resubmitted with the amended documents attached. The judge entered the Final Judgment the same day.
What Slowed This Case Down
- The judge approved the overall package at a short video hearing but asked for a permanent post-separation time-sharing schedule, which required amending the parenting plan, settlement agreement, and child support worksheet.
- The amended documents were signed before the online notary and filed the next day, and the judge entered the Final Judgment the same day the proposed Final Judgment was resubmitted.
Frequently Asked Questions
Can a Florida couple divorce while still living in the same home?
Yes. Florida does not require spouses to live apart to dissolve a marriage. The settlement agreement can explain how expenses are shared while they live together and what changes if one of them moves out.
What is a post-separation parenting schedule?
It is a time-sharing schedule written into the parenting plan that starts automatically when the parents stop living together. It spares the parents from returning to court or mediation at the moment they separate, and it gives the judge a complete plan to approve.
Why did the judge ask for a post-separation schedule?
Florida courts must approve a parenting plan that is in the child's best interests, and a plan with no two-household schedule leaves a gap. Judges may ask for a schedule that will apply once the parents live apart, even if the parents are still under one roof.
Can parents agree to no child support while they live together?
They can ask the court to approve a deviation from the guideline amount if the agreement explains why. Here the parents both paid for the child's housing and expenses directly. The agreement also set a fixed guideline-based amount that begins automatically once the post-separation schedule takes effect.
What happens if a home is owned by both spouses but only one is on the mortgage?
The agreement can say that both spouses own the equity equally even though the loan and title are in one name. The spouse on the loan stays responsible for the mortgage, and the spouses agree in advance on how a sale or buyout would work.
How can spouses decide when to sell the home if they plan to keep living there?
The agreement can let either spouse start the process with advance written notice, then set deadlines for an appraisal and for choosing a sale or buyout. A default, such as a sale, applies if the spouses do not decide in time.
Can the parents change the signed agreement after a hearing?
Yes, before the final judgment is entered. The parents sign an amended agreement and parenting plan before the notary, the firm files them, and the proposed Final Judgment is updated to attach the amended documents.
Why was the case filed in a county other than where the spouses live?
Florida allows an uncontested dissolution to be filed in a county the spouses agree on. The firm files its uncontested cases in a single Florida county under a written venue agreement, and the settlement agreement includes the spouses' written consent to that venue. This keeps the process consistent and efficient wherever in Florida the spouses live.
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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