The process for dissolving a marriage that is beyond repair can be daunting. When children are added to the matter, it can become even more confusing, especially since additional forms and hearings are necessary to handle child support and custody issues. The process of getting a divorce in Florida with kids involved is longer than a less complex divorce matter, and child support and custody issues will likely continue well after the final divorce order is entered.

Complete a Divorce Petition

To initiate a divorce, you must first file documents explaining your reasons for divorcing and what needs to be divided. You can obtain a blank divorce petition, the document that starts the divorce, from the family court in the county where you reside. Also, request additional forms for property and asset division, a child support petition and child custody form. You may be able to find these forms online. The petition needs to contain you and your spouse's personal information, information regarding your marriage, and the reason for your divorce. Florida allows spouses to file for no-fault divorce when the marriage is "irretrievably broken," which makes the divorce process much easier. You also need to list, in detail, any property and assets you and your spouse own jointly and separately. This includes bank accounts and their balances, investments and cash.

Draft a Child Custody Plan

If you and your spouse can amicably develop a custody plan, sit down and decide who will have primary custody of the children and how it will be split. Typically, the parent who stays home with the children full time is the parent who should take full custody. You can also split custody evenly, meaning each parent has the children for equal periods of time (usually one week with one parent, the next week with the other). Some couples opt for an open custody agreement, which means they choose not to have a set schedule and will spend time with the children whenever they can. However, judges do not typically approve of open agreements for fear that the seemingly-amicable relationship can turn sour and cause custody disputes. If you and your spouse cannot agree to a custody arrangement, then develop a plan on your own to submit to the court for consideration. A typical custody arrangement in this case would give full custody to the stay-at-home parent, and visitation every other weekend, certain holidays and two weeks during the summer for the non-custodial parent. If you are seeking full custody and you are not the stay-at-home or primary caring parent, you will likely be denied unless you can prove that the other parent is completely unfit and the children would be in danger while in their care. This is to make the transition easier for the children without disrupting too much of their regular daily routine.

Complete a Child Custody Jurisdiction Form

A custody jurisdiction form provides the judge with information about you and your spouse's children, and certifies the court has jurisdiction over the child custody matter in your case. It is required to be submitted under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), which Florida follows. You should have received this form at the time you obtained the petition; if not, it is available online, and you can download and complete it to file with your petition.

Complete a Child Support Petition

Almost all divorcing couples argue over child support. Custodial parents want more while non-custodial parents want to pay less. To resolve this dispute, Florida has developed a table to help parents determine how much support they owe based on their income. Use this table as a reference to determine the amount of support you should be paying or receiving. You can find the table online or ask the clerk of the family court for help. If you are petitioning for custody, then you are the parent who needs to file the petition for child support. Absent this petition, the judge cannot award you support. Write the amount of support you should receive based on you and your spouse's income and include a list of expenses for the children, including school, medical, dental and social activities. You can request that health and dental insurance for the children be covered by the non-custodial parent if he has access to it through work or has always paid for coverage.

File the Petition and Agreements

When you've completed the divorce petition, listed your assets and expenses, and completed your child custody and support plans, you can file these documents to initiate the process of getting a divorce in Florida. Along with the petition and plans, submit copies of your financial records, including bank account statements, and your expenses. Also include your consent and appearance forms, which should be included with the blank petition. The documents need to be filed with the clerk at the same court house where you obtained the forms. You will need to pay the filing fee, which varies depending on your county and the complexity of the matter. Once filed, you will receive information about your dates for the divorce hearing and the child custody hearing, which are handled separately.

Source:

FLA. STAT. ch. 61.052 (2009)

FLA. STAT. ch. 61.075 (2009)

FLA. STAT. ch. 61.13 (2009)