DIVORCE & PATERNITY
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A Smoother Path Through Divorce and Paternity with Pro Docs Plus
Going through a divorce is emotionally challenging, and dealing with legal paternity or modifying existing court orders related to children are significant steps for families. Navigating the legal paperwork can add unnecessary stress. Whether your divorce is uncontested or contested, with or without children or you are an unmarried parent dealing with paternity matters, Pro Docs Plus is here to help simplify the process. Our compassionate team will prepare all the necessary documents and guide you through each step, ensuring a smoother, more efficient experience. We are committed to helping families establish and maintain strong legal foundations. We understand the importance of focusing on rebuilding your life and family. Let us lighten the burden with our affordable, full-service packages. You are not alone.
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UNCONTESTED DIVORCE
An uncontested divorce in Florida means both parties agree on all key issues, including:
Property Division: How assets and debts acquired during the marriage will be divided. Florida is an equitable distribution state, meaning assets are divided fairly, but not necessarily equally.
Child Custody and Support: In Florida, "custody" is referred to as "timesharing" and "parental responsibility." Arrangements for children include a parenting plan outlining timesharing schedules, decision-making authority regarding the child (parental responsibility), and child support calculations based on Florida's child support guidelines.
Spousal Support (Alimony): Whether one party will provide financial support to the other. Florida recognizes various types of alimony, such as bridge-the-gap, rehabilitative, durational, and permanent.
If you and your spouse agree on these matters, an uncontested divorce is a less expensive and faster alternative to a contested divorce, and you may have the option of no hearing depending on what county you are filing in.
Eligibility Requirements for Simplified Divorce:
Both parties agree to the divorce.
There are no minor dependent children of the marriage.
The wife is not pregnant.
Both parties have agreed in writing on the division of their assets and debts.
Neither party is seeking alimony.
If these criteria are not met, you will need to pursue a regular dissolution of marriage, even if it is uncontested.
Steps Involved:
Preparation of Documents: This includes the Petition for Simplified Dissolution of Marriage, a Marital Settlement Agreement, and other required forms. (This is where Pro Docs Plus assists.)
Filing with the Court: The completed documents are filed with the appropriate Florida circuit court.
Final Hearing: Both parties must attend a brief final hearing before a judge. Some FL counties will allow a simplified divorce to be granted without a hearing.
Necessary Documents:
Petition for Simplified Dissolution of Marriage
Marital Settlement Agreement
Financial Affidavits (May be required by the court)
CONTESTED DIVORCE
A contested divorce occurs when the parties do not agree on one or more key issues. These disagreements can involve:
Property Division: Disputes over how assets and debts acquired during the marriage should be divided. This can involve disagreements about the valuation of assets, whether certain property is marital or non-marital, and the overall fairness of the proposed distribution.
Timesharing and Parental Responsibility (Child Custody): Disagreements regarding the parenting plan, timesharing schedule, and which parent will have primary decision-making authority for the child. These disputes often involve complex emotional issues and require careful consideration of the child's best interests.
Spousal Support (Alimony): Disagreements about whether alimony should be awarded, the type of alimony, the duration of alimony, and the amount of alimony.
Because these issues are disputed, a contested divorce typically involves more court involvement, including hearings, mediation, and potentially a trial.
Eligibility Requirements:
One party wants a divorce, even if the other party does not.
The parties disagree on one or more of the key issues mentioned above.
Steps Involved:
Filing the Petition for Dissolution of Marriage: One party files the initial petition with the court.
Service of Process: The other party is formally served with the petition.
Response/Answer: The served party files a response or answer to the petition.
Discovery: Both parties exchange information and documents relevant to the case. This can include interrogatories, requests for production of documents, and depositions.
Mediation: The court often orders the parties to attend mediation to attempt to resolve their disputes outside of court.
Pre-Trial Hearings: Hearings may be held to address procedural matters and narrow down the issues for trial.
Trial (If Necessary): If the parties cannot reach an agreement, a trial will be held, and a judge will make decisions on the disputed issues.
Final Judgment: The judge issues a final judgment of dissolution of marriage, outlining the terms of the divorce.
Necessary Documents:
Petition for Dissolution of Marriage
Answer/Response to Petition
Financial Affidavits
Discovery Documents (Interrogatories, Requests for Production, etc.)
Pre-Trial Statements
Proposed Parenting Plan (If children are involved)
DIVORCE WITH CHILDREN
When children are involved in a divorce in Florida, specific legal considerations and procedures must be followed. A divorce with children requires the court to address:
Timesharing (Visitation): The schedule that determines when each parent spends time with the child. The goal is to create a timesharing schedule that is in the best interests of the child.
Parental Responsibility (Custody): How parents will make decisions regarding the child's education, healthcare, religious upbringing, and other important aspects of their life. Florida law favors shared parental responsibility unless it is detrimental to the child.
Child Support: Financial support provided by one or both parents for the child's needs. Child support is calculated based on Florida's child support guidelines, which consider factors such as each parent's income, the child's healthcare expenses, and childcare costs.
Necessary Documents:
Petition for Dissolution of Marriage: This initiates the divorce proceedings.
Parenting Plan: This outlines custody (parental responsibility), time-sharing schedules, and communication methods for the parents.
Child Support Guidelines Worksheet: This calculates the appropriate amount of child support based on Florida's guidelines.
Financial Affidavits: These documents disclose each party's income, expenses, assets, and debts. There are two versions: a short form for incomes under $50,000 per year and a long form for incomes above that.
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: This is required in cases involving children to establish which state has jurisdiction over custody matters.
Steps Involved:
The steps are largely the same as a general contested or uncontested divorce, but with added emphasis on child-related matters:
Filing the Petition for Dissolution of Marriage: The petition must indicate that there are minor children of the marriage.
Service of Process: The other parent must be formally served with the petition.
Parent Education and Family Stabilization Course: Both parents are required to complete a DCF-approved parenting course. This should ideally be done early in the process, as a certificate of completion is typically required before a final judgment can be entered.
Parenting Plan: The parties are required to develop a parenting plan that outlines timesharing, parental responsibility, and communication methods.
Child Support Guidelines Worksheet: A worksheet must be completed to calculate the appropriate amount of child support.
Mediation (Often Required): Mediation is highly encouraged or even required in cases involving children to help parents reach agreements on parenting issues.
Final Judgment of Dissolution of Marriage: The court issues a final judgment that legally ends the marriage and outlines the custody arrangement (parental responsibility), time-sharing schedule, and child support obligations.
Benefits of Using Pro Docs Plus for Your Dissolution of Marriage:
Comprehensive Document Preparation and Support: This covers document preparation for various stages of the divorce process, including constructive service, or specialized documents for timesharing, parental responsibility, and child support, as well as general support with paperwork.
Customer Built CRM Integration System: Ensures documents are prepared accurately and efficiently organized.
Specialized Expertise in Family Law: Receive guidance through the entire process with extensive experience in Florida family law.
Learn More about How it Works when you have Pro Docs Plus by your side.
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ESTABLISHING PATERNITY
Paternity is the legal process of determining the biological and legal father of a child in Florida. While a husband is automatically presumed to be the father of a child born during the marriage, this presumption does not exist for unmarried couples. Establishing paternity is a crucial legal step for unmarried parents as it creates a legal father-child relationship that confers rights and responsibilities to both the father and the child. This process is not about assigning blame or judgment but rather about ensuring the child's well-being and securing their future.
Why is Establishing Paternity Important?:
Establishing paternity is essential for several reasons, impacting the lives of both the father and the child in significant ways.
For the father, establishing paternity grants the father legal rights and responsibilities regarding his child. This includes:
Timesharing (Visitation): The right to spend time with the child.
Parental Responsibility (Decision-Making): The right to participate in important decisions regarding the child's upbringing, such as education, healthcare, and religious upbringing.
Legal Standing: The right to be recognized as the child's legal father in all legal matters.
For the child, establishing paternity provides the child with numerous benefits, including:
Financial Support: The right to financial support from both parents, ensuring their basic needs are met.
Health Insurance: Access to health insurance coverage through either parent's plan.
Inheritance Rights: The right to inherit from their father.
Social Security Benefits: Potential eligibility for Social Security benefits if the father becomes disabled or dies.
Knowledge of Family Medical History: Access to crucial medical information that can be vital for the child's health and well-being.
Sense of Identity: Knowing their biological father and their family history can contribute to a child's sense of identity and belonging.
For the state, establishing paternity ensures that both parents are held responsible for the financial support of their children, reducing the burden on public assistance programs.
How is Paternity Established in Florida?:
Acknowledgment of Paternity: Both parents can sign an Acknowledgment of Paternity form at the hospital when the child is born or later at the Florida Department of Health, Office of Vital Statistics. This legally establishes paternity without a court order.
Court Order: If the parents are not in agreement, or if an Acknowledgment of Paternity was not signed, a court order is necessary. This may involve genetic testing.
Steps Involved:
Filing the Petition for Paternity: The petition must state the purpose (establishing paternity, addressing custody and child support, etc.) of a specific child or children.
Service of Process: The other parent must be formally served with the petition.
Genetic Testing (If Necessary): The court may order genetic testing to determine paternity.
Parent Education and Family Stabilization Course: Both parents are typically required to complete a DCF-approved parenting course. This should be done early in the process, as a certificate of completion is usually needed before the court can finalize orders related to custody, time-sharing, and support.
Parenting Plan: The parties are required to develop a parenting plan that outlines timesharing, parental responsibility, and communication methods.
Child Support Guidelines Worksheet: A worksheet must be completed to calculate the appropriate amount of child support.
Mediation (Often Required): Mediation is highly encouraged or even required in cases involving children to help parents reach agreements on parenting issues.
Final Judgment: The court issues a final judgment that establishes paternity (if it wasn't already established through an acknowledgment), outlines the custody arrangement (parental responsibility), time-sharing schedule, and child support obligations.
Necessary Documents:
Petition to Determine Paternity: This initiates the legal process of establishing paternity.
Parenting Plan: This outlines custody (parental responsibility), time-sharing schedules, and communication methods for the parents.
Child Support Guidelines Worksheet: This calculates the appropriate amount of child support based on Florida's guidelines.
Financial Affidavits: These documents disclose each party's income, expenses, assets, and debts.
Acknowledgment of Paternity (if applicable): If both parents agree on paternity, signing this form can establish legal paternity without going through the full court process.
MODIFYING EXISTING PATERNITY
Once a court order establishing paternity (or in a divorce case involving children) is in place, circumstances may change, requiring a modification of the order. Pro Docs Plus can assist with preparing documents for modifications related to:
Timesharing (Visitation): Changes to the parenting plan and timesharing schedule.
Child Support: Adjustments to child support payments based on changes in income, childcare expenses, or other relevant factors.
Parental Responsibility: Modifications to decision-making authority regarding the child's education, healthcare, and other important aspects of their life.
Reasons for Modifying an Existing Order:
Significant change in circumstances (e.g., job loss, relocation, change in the child's needs).
Change in the child's best interests.
Steps Involved:
Filing a Petition for Modification: The party seeking the modification files a Petition for Modification with the Florida circuit court.
Service of Process: The other party must be formally served with the petition.
Mediation (Often Required): The court may order the parties to attend mediation to attempt to reach an agreement.
Court Hearing (If Necessary): If the parties cannot reach an agreement through mediation, a court hearing will be held, and the judge will make a decision.
Necessary Documents:
Supplemental Petition for Modification specifying the type of order, such as Timesharing, Child Support, or Parental Responsibility.
Financial Affidavits (Especially for child support modifications)
Supporting documentations related to the change in circumstances.
Benefits of Using Pro Docs Plus for Paternity and Modification Services:
Reduced Stress: We take the burden of paperwork off your shoulders and guide you through the process, so you can focus on moving forward.
Affordable Assistance: Our services are cost-effective and accessible for everyone.
Accuracy and Efficiency: We ensure your documents are prepared correctly and filed promptly.
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Florida Divorce & Paternity FAQs
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Pro se means that you are representing yourself in a legal case. You are not being represented by an attorney or legal aid. In other words, you are acting as your own lawyer, as a self-represented litigant. This means you are responsible for your own case.
In Florida, you can hire a non-lawyer to prepare all your legal documents and provide procedural guidance, saving you lots of money in legal fees. -
A non-lawyer is someone who does not have a law degree and cannot practice law. A non-lawyer cannot provide legal advice or represent clients in court. However, in Florida, they can use their expertise to provide legal document preparation and procedural guidance to self-represented individuals. This is a great alternative to those looking for a convenient and affordable option for their legal matters.
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No, it is not legally required to have an attorney for a divorce or paternity case in Florida. You can choose to represent yourself in these processes.
As a self-represented litigant, you can seek assistance from non-lawyer professionals, like Pro Docs Plus, who specialize in document preparation and procedural guidance for family law matters to help you navigate your pro se legal journey.
However, if your case becomes complex or legal issues arise, such as disputes over child custody, support, alimony, property division in a divorce, or contested paternity, it may be beneficial to consider legal representation at some point and for the final hearing.
Also, if there are issues with complex financial situations (businesses, significant assets, etc.) in a divorce, domestic violence or abuse, or contested paternity where the alleged father denies paternity, you may want to consider legal representation.
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Yes, you can still get a divorce in Florida even if your spouse doesn't agree. Florida is a "no-fault" divorce state. This means that you don't have to prove wrongdoing by your spouse to get a divorce. You only need to state that the marriage is "irretrievably broken," meaning there's no reasonable chance of reconciliation.
While your spouse's agreement isn't required to obtain the divorce itself, disagreements on related issues like child custody, support, alimony, or property division will need to be resolved by the court. These disagreements can make the divorce process more complex and potentially longer.
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Uncontested Divorce: If both parties agree on all terms (property division, child custody, support, etc.), the process can be relatively quick, potentially taking a few weeks to a few months. There's a mandatory 20-day waiting period after filing.
Contested Divorce: When there are disagreements on key issues, the process takes longer. It can involve negotiations, mediation, and court hearings. Contested divorces can take several months to a year or more to resolve.
Uncontested Paternity: If both parties agree on all terms (custody, a parenting plan, child support, etc.), the process can be relatively quick, potentially taking only a few months.
Contested Paternity: When there are disagreements on key issues, the process takes longer. It can involve negotiations, mediation, and court hearings. Contested paternity can take several months to a year or more to resolve.
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Both parties agree to the divorce.
There are no minor dependent children of the marriage.
The wife is not pregnant
Both parties have agreed in writing on the division of their assets and debts.
Neither party is seeking alimony.
If these criteria are not met, you will need to pursue a regular dissolution of marriage, even if it is uncontested.
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Uncontested Divorce:
Generally, only one party needs to attend a very brief final hearing. This hearing is usually to confirm that all agreements have been reached and to officially enter the final judgment. In some cases, even this hearing can be avoided if specific conditions are met, particularly in certain counties that offer a "no-hearing" option for uncontested divorces.
Contested Divorce:
You will likely have to attend multiple hearings. These hearings can address various issues such as temporary support, custody arrangements, and ultimately, a final trial if you and your spouse cannot reach an agreement on all matters.
Uncontested Paternity:
Generally, no hearing is required if paternity is established through a signed Acknowledgment of Paternity. If both parents agree on who the father is and sign this form, it's filed with the Florida Department of Health, and no court appearance is usually necessary to establish paternity itself.
A hearing may be required if the parties are also asking the court to establish a parenting plan and child support order at the same time. Even if paternity is not in dispute, if the parties are asking the court to make orders about custody, time-sharing, and child support, a brief hearing may be required for the judge to review and approve the agreement.
Contested Paternity:
You will likely have to attend multiple hearings. If paternity is disputed, or if there are disagreements about custody, time-sharing, or child support, you will likely have to attend several hearings.
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For uncontested Divorce or Paternity: If you and your spouse agree on all terms, an uncontested divorce with an attorney could cost anywhere from $1000 to $5,000 or more, depending on the attorney's fees and the amount of work involved.
For contested divorce or paternity: Contested cases are significantly more expensive. They can range from $5,000 to $30,000 or more with an attorney, and in very complex cases, the costs can be even higher.
You can also file pro se (self represented) and hire a nonlawyer like Pro Docs Plus to prepare your documents and provide procedural guidance, which can save you thousands in legal fees:
Learn more about our Full Service Paternity packages
Learn more about our Full Service Divorce Packages and prices
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Yes, in Florida, you generally must complete a parenting course if you are going through a divorce or paternity case that involves minor children.
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If you and the other party cannot agree on all terms in your Florida divorce or paternity case, the process typically begins with mediation, where a neutral third party helps you try to reach a settlement; if mediation is unsuccessful, the case proceeds to court, where temporary hearings may address urgent issues like support or time-sharing while the case is ongoing, followed by pre-trial procedures like discovery; ultimately, if no agreement is reached, a final hearing or trial will take place where a judge hears evidence and arguments from both sides and makes legally binding decisions on all unresolved matters, such as division of assets/debts and alimony in divorce cases, or establishing paternity, parental responsibility, time-sharing, and child support in paternity cases; these decisions are then formalized in court orders that are enforceable by the court.
