An Uncontested Divorce With One Child, Equal Time-Sharing, and a Child Support Deviation

This couple had been married for more than twenty years and had one child in middle school. Both parents lived in the same Florida home when they decided to end the marriage and wanted to keep the process cooperative. Their case shows how an uncontested divorce with a child can be finished quickly when the parents agree on a parenting plan and on how to share the child's costs.

The parenting plan gives the parents shared parental responsibility and equal time-sharing on a week-on, week-off rotation, with exchanges on Sunday evenings. One parent's address is designated for school enrollment, that parent holds the child's passport, and both parents agreed to follow the standard holiday framework. Neither parent planned to move more than 50 miles away.

Child support was handled with a written deviation. The firm prepared the Florida child support guidelines worksheet, which produced a small presumptive monthly amount payable by the higher-earning parent. Because the parents have nearly equal time-sharing and agreed to share the child's expenses, they jointly asked the court to approve no ongoing support payment, and the settlement agreement explains why that is in the child's best interests, as Florida law requires for a deviation. In place of monthly support, the parents open a joint bank account within 30 days after the Final Judgment and each deposits a fixed amount every month for the child's uncovered medical costs, school expenses, and activities. Anything beyond the balance in that account is split equally. One parent enrolls the child in a Marketplace health plan within 30 days after the Final Judgment, and the parents alternate claiming the child as a dependent for tax purposes.

The property division was short. One spouse kept the home they own in another state, along with the mortgage, which was in that spouse's name alone. The other spouse had never been on the title or the loan, so no refinance was needed, and signed a release of any claim. The other spouse kept the family car and its loan. Each spouse kept their own bank accounts, there were no retirement accounts to divide, alimony was waived, and each parent pays their own attorney's fees while the court and notary fees were split equally.

Both spouses signed before a Florida online notary over video. The signed packet was filed with the court, the proposed Final Judgment was submitted, and the judge approved the parenting plan and entered the Final Judgment without a hearing.

What Slowed This Case Down

Scheduling the remote notary session around both spouses' work hours, and replacing an expired out-of-state driver's license with a passport for identity verification, took about two days.

The proposed Final Judgment was submitted the day after filing, and the judge entered it on the next court day without a hearing.

Frequently Asked Questions

Can parents agree to no child support in a Florida divorce?

Florida requires the court to apply the child support guidelines, but parents can ask the court to approve a different amount if the agreement explains why the guideline amount would be unjust or inappropriate. A deviation of more than five percent requires a written finding by the court, so the settlement agreement should state the guideline amount, the agreed amount, and the reasons.

What is a child expense account?

It is a bank account both parents can use, funded by equal monthly deposits, that pays for the child's uncovered medical costs, school expenses, and activities. The settlement agreement can say how the account is opened, how much each parent deposits, and how costs above the balance are shared.

How does equal time-sharing work with a week-on, week-off schedule?

The child spends alternating weeks with each parent, with an exchange on a set day and time. The parenting plan also covers holidays, school breaks, travel, and who holds the passport. Over a year, the overnights usually total close to 365 split between the two parents.

How do parents decide who claims the child on taxes?

They can agree to alternate years, or to give the exemption to one parent for a stated reason. The settlement agreement should name the years each parent claims the child and require the other parent to sign any form the IRS needs.

What happens if only one spouse is on the mortgage and title of a home?

The agreement can give the home to the spouse who holds the title and the loan, make that spouse responsible for the mortgage, and have the other spouse sign a release. Because the lender is not part of the divorce, the loan stays as it is.

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.

Can two spouses sign with an online notary from different places?

Yes. Each spouse needs their own device, a valid government-issued photo ID that the notary's platform accepts, and a link to the same video session. If one ID is expired, a passport is often accepted instead.