Broward County Uncontested Divorce with Children Attorney
When a marriage ends and children are involved, every decision carries more weight. The parenting plan you build now, the support amount you agree on, the way you divide assets while accounting for two households instead of one, these outcomes will shape daily life for your children for years. A Broward County uncontested divorce with children attorney helps parents reach those agreements carefully and completely, so the settlement that ends the marriage actually holds up once life resumes.
Uncontested divorce sounds simple, and in many ways it is. But when minor children are part of the picture, Florida law requires more than just a signed marital settlement agreement. Every case involving children must include a parenting plan that addresses parental responsibility, a detailed timesharing schedule, and a child support calculation that follows state guidelines. Missing or vague provisions in any of those areas can push a judge to reject the agreement entirely, or worse, leave a gap that creates conflict down the road when circumstances change.
Sandra Bonfiglio, P.A. is a family law firm in Fort Lauderdale that handles uncontested divorce and mediation throughout Broward County. The firm works with parents who want to resolve their divorce by agreement, including parents who agree on most things but need help making those agreements legally complete and enforceable. From Hollywood and Pembroke Pines to Coral Springs and Deerfield Beach, the firm represents clients across the county who want to move forward without a courtroom fight.
What an Uncontested Divorce Looks Like When Children Are Involved
Florida does not use the term “custody” in its family statutes. The legal framework divides child-related decisions into two categories: parental responsibility and timesharing. Parental responsibility refers to who makes major decisions about the child’s education, healthcare, and religious upbringing. Timesharing is the schedule each parent physically has with the child. Both must be addressed in a written parenting plan for the divorce to be finalized.
Most parents entering an uncontested divorce agree on the broad strokes. They both want to be involved. They roughly know how they want to divide weekdays and weekends. The gap between “we agree” and a legally sufficient parenting plan, however, is often larger than people expect. Courts want specificity: where will the child spend holidays, how will school breaks be divided, which parent carries health insurance, what happens when a schedule needs to change? A plan that does not address these details creates disputes later, usually when the relationship between the parents is more strained, not less.
Child support in Florida is calculated under a statutory formula. The inputs are both parents’ incomes, the number of overnights each parent has per year, the cost of health insurance for the child, and child care expenses. Because the formula is set by statute, support amounts in uncontested cases are usually predictable. Still, errors in calculating income, misapplying the overnight count, or omitting expenses can produce a number that neither parent intended and that a court will not approve. Getting this right the first time avoids amended filings and delays.
Why Sandra Bonfiglio, P.A. Handles These Cases Differently
Sandra Bonfiglio, P.A. practices family law exclusively, with a deliberate focus on uncontested divorce, mediation, and collaborative resolution. That focus matters when children are involved because the goal is not just finishing the case. Parents who are getting divorced will still be co-parenting for years, and the way the divorce gets handled affects that relationship. The firm pairs practical legal advice with guidance through the emotional side of the process, because parents who understand what is happening and stay steady through it make better decisions for their children.
The firm serves Broward County, Boca Raton and southern Palm Beach County, and St. Augustine, which means the attorneys are familiar with the local family courts, local filing requirements, and the specific nuances that come up in South Florida divorce cases. That includes the property and financial issues that arise frequently in this market: real estate equity in Broward’s competitive housing market, retirement accounts that require qualified domestic relations orders to divide without tax penalties, and business interests that need careful handling in the settlement agreement. An uncontested divorce attorney in Broward County who handles only family law brings a different level of attention to these details than a general practice firm would.
Key Issues That Arise in Broward County Uncontested Divorces Involving Children
- Parenting Plan Completeness: Florida courts will not approve a parenting plan that does not address major decisions, daily routines, holiday schedules, and communication between parents. Incomplete plans are the most common reason uncontested divorces get delayed.
- The Equal Timesharing Presumption: Florida law now begins with a presumption that equal timesharing is in the child’s best interests. Parents who want a different arrangement must build a plan that reflects their actual agreement and explain the schedule in a way the court will accept.
- Child Support Calculation Accuracy: The statutory formula requires correct income figures for both parents, accurate overnight counts, and current figures for insurance and childcare. A support figure based on wrong inputs will not survive judicial review.
- Health Insurance and Uncovered Expenses: The parenting plan and settlement agreement must address who carries health insurance for the child and how uncovered medical, dental, and extracurricular expenses are shared. These provisions are frequently overlooked in DIY filings.
- Parental Relocation Restrictions: Even after divorce, a parent cannot relocate more than 50 miles from their primary residence without court approval or the other parent’s written consent. If there is any chance of a future move, the settlement should address it.
- Property Division with Children’s Housing in Mind: Decisions about the marital home often intersect with the parenting plan. Some parents agree that the custodial parent stays in the home until the child reaches a certain age. That arrangement needs careful drafting to be enforceable.
- Alimony in Shorter Marriages with Children: Under Florida’s current alimony framework, the length of the marriage determines what forms of support are available. For marriages under ten years, support is limited in duration. Parents negotiating both support and parenting arrangements benefit from understanding how each affects the overall settlement.
How to Move Forward with Your Uncontested Divorce in Broward County
The Broward County family court cases are handled through the Seventeenth Judicial Circuit, with the courthouse located in Fort Lauderdale on Southeast Sixth Street. Divorce cases with children are assigned to a family division judge who reviews the proposed parenting plan and settlement agreement before the divorce is finalized. In most uncontested cases where the paperwork is complete and the parties are in agreement, a final hearing is brief and the judge does not require both spouses to be present for extensive testimony. However, the documents have to be right before that hearing happens.
The most practical first step is gathering financial documentation: recent pay stubs or proof of income for both spouses, the past two years of tax returns, records of any retirement accounts, mortgage statements, and an accurate picture of what child care and health insurance actually cost each month. These numbers feed directly into the child support calculation and the financial disclosures that Florida requires in every divorce. Spouses who come to the process with organized records move faster and spend less.
One common mistake in uncontested divorces is treating “agreement” as the finish line. Spouses who have already decided how they want to handle things sometimes skip the drafting step or rely on forms that do not address their specific situation. The agreement only protects you if it is complete and clearly written. A vague parenting plan or a settlement that refers to financial accounts without specifying how they are divided leaves gaps that create conflict later, often when circumstances have changed and the parties are no longer on good terms. Having an attorney draft the documents from scratch, based on your actual agreement, produces a result that is far more durable than a filled-in template.
For parents who agree on most things but are stuck on a few issues, such as the holiday schedule or how to handle a child’s extracurricular costs, mediation is an efficient way to resolve what remains. The firm handles both the mediation process and the drafting of the agreements that follow.
What Happens If You and Your Spouse Agree on Everything
If both parents have worked through the parenting plan, confirmed the child support figure, divided the property, and addressed any alimony question, the next step is converting that agreement into a legally sufficient set of documents: a marital settlement agreement, a parenting plan, and a child support guidelines worksheet. These documents are filed along with the petition for dissolution of marriage and financial affidavits.
Florida requires at least one spouse to have lived in the state for six months before filing. The divorce cannot be finalized until that residency requirement is met, but drafting and preparation can begin at any point. There is no mandatory waiting period for uncontested divorces beyond the residency requirement, so cases where the documents are complete can move through the Seventeenth Judicial Circuit relatively quickly compared to contested matters.
The firm’s role in a fully agreed case is to take the agreement both spouses have reached and make sure nothing is missing, nothing is ambiguous, and nothing will cause a judge to reject the submission or a co-parent to claim later that the terms meant something different. That review and drafting function is the value. The attorney is not there to second-guess the spouses’ decisions. The decisions belong to the parents. The attorney makes sure those decisions are written in a way that works.
Questions Broward County Parents Ask About Uncontested Divorce
Can we finalize an uncontested divorce in Broward County without going to court?
In most uncontested divorces, both spouses do not need to appear for a lengthy hearing. However, Florida does require a final hearing before a judge to approve the settlement and parenting plan. In some cases, only one spouse appears. The process through the Seventeenth Judicial Circuit is generally efficient when all required documents are complete and properly filed.
Does Florida require a parenting plan even if we already agree on the schedule?
Yes. Florida law requires a written parenting plan in every divorce involving minor children, regardless of how cooperative the parents are. The plan must include provisions for parental responsibility, a detailed timesharing schedule, and how both parents will communicate about the child’s needs. A judge will not approve the divorce without it.
How is child support calculated in Broward County?
Florida uses an income shares model. The formula considers both parents’ net incomes, the number of overnights each parent has with the child per year, the cost of health insurance for the child, and work-related childcare expenses. The result is a guideline figure that courts generally follow. Parents can agree to a different amount in limited circumstances, but the agreement must show it meets the child’s needs.
What does Florida’s equal timesharing presumption mean for our parenting plan?
Florida law now starts from the position that equal timesharing, meaning roughly 50/50 time with each parent, is in the best interest of the child. Parents who want a different arrangement are free to agree to one, and the court will approve it if both parents consent. But if a dispute arises later about the schedule, the equal timesharing baseline is the starting point a court applies when evaluating what changes are appropriate.
Can we handle the whole divorce ourselves using online forms?
Florida does provide self-help forms through the court system. However, those forms are templates that do not account for your specific financial situation, your property, or the details of a workable parenting plan for your family. Cases filed using generic forms are frequently rejected for missing information or returned for corrections. The time and money spent fixing a deficient filing often exceeds what drafting it correctly would have cost.
What if my spouse and I agree now, but I’m worried about future disagreements over the parenting schedule?
A well-drafted parenting plan anticipates future conflict by being specific about how decisions are made. This includes provisions for dispute resolution, how schedule changes are handled, how the parties communicate, and what happens when a parent cannot exercise their timesharing. Including these provisions does not signal distrust; it protects the agreement you have both worked to reach.
Can the child support amount in our uncontested divorce be modified later?
Yes. Child support in Florida can be modified when there has been a substantial change in circumstances, such as a significant change in either parent’s income, a change in the child’s needs, or a change in the timesharing schedule. The modification requires a new court order. Agreements between parents to informally change the amount are not enforceable on their own; the change must go through the court.
My spouse and I both live in Broward County now, but one of us may want to move. How does that affect the parenting plan?
Florida’s relocation statute applies when a parent wants to move more than 50 miles from their primary residence. A relocation cannot happen without either the other parent’s written agreement or a court order allowing it. Including a relocation provision in the original parenting plan, addressing how the parties will handle a future relocation request, can make that process easier and less contentious if it comes up.
What if only one parent works? Does that affect how child support is calculated?
If one parent is voluntarily unemployed or underemployed, Florida courts may impute income to that parent based on what they could reasonably earn given their education, experience, and the local job market. This is relevant in Broward County cases where one spouse has stayed home or reduced hours for child-rearing. The imputed income figure is used in the support calculation, not the actual reported income.
How long does an uncontested divorce with children typically take in Broward County?
The timeline depends primarily on how quickly the documents are completed, signed, and filed, and how the Seventeenth Judicial Circuit’s family division docket is moving at the time. Cases where both spouses cooperate fully and the documents are complete tend to move faster than the court’s average. A realistic range for an uncontested divorce where the parties are prepared is a few months from filing to final order, though it can be shorter or longer depending on circumstances.
Is alimony still an issue in short marriages where we have children?
It can be, though Florida’s current alimony framework limits both the type and duration of support available based on how long the marriage lasted. For marriages under ten years, the options are bridge-the-gap alimony (up to two years), rehabilitative alimony (up to five years with a specific plan), or durational alimony capped at a percentage of the marriage’s length. Having children does not automatically affect alimony, but the financial picture including childcare costs and support obligations is part of the broader negotiation.
Serving Broward County Families from Fort Lauderdale to the County’s Northern and Southern Edges
Sandra Bonfiglio, P.A. represents parents and spouses throughout Broward County from its Fort Lauderdale office. That coverage includes clients in Hollywood, Hallandale Beach, and Dania Beach along the county’s southeastern edge, as well as those in Miramar and Pembroke Pines to the southwest. The firm works with families in Davie, Cooper City, and Weston, communities where school schedules and two-parent households make the details of a parenting plan especially important. Clients in Plantation, Sunrise, and Lauderhill are also served, along with those in the northern areas of the county including Tamarac, Margate, Coral Springs, and Coconut Creek. The firm also handles cases for clients in Deerfield Beach, Pompano Beach, and Lighthouse Point, as well as in Lauderdale-by-the-Sea and Oakland Park. In addition to Broward County, the firm extends its family law representation to Boca Raton and southern Palm Beach County, and to St. Augustine and St. Johns County for clients in those areas who need uncontested divorce counsel.
Talk with a Broward County Uncontested Divorce Attorney About Your Family’s Situation
A divorce that involves children requires more than just two people deciding they are done. It requires a parenting plan that works for your actual family, a child support calculation that holds up to scrutiny, and a settlement agreement that is complete enough to avoid conflicts down the road. Sandra Bonfiglio, P.A. offers the first 15 minutes of a consultation at no charge, so you can talk through where you are and what you need before committing to anything. If you are looking for a Broward County uncontested divorce attorney who handles these cases with the same attention to detail they deserve, call the firm to schedule your consultation.