When you walk into the courthouse you will have to go through security. Afterwards walk through the glass doors and the elevators are located on the first floor in the back left hand corner of the building. Take the elevators to the seventh floor and then go to the hearing room which I designated in the email.

Most final hearings in Duval Count take place between 9:30 a.m. to 10:00 a.m. If you could be at the hearing room at 9:30 a.m., I would appreciate it. Please note, however, if your case is in Division C (see upper right hand corner of Notice of Hearing), then the judge in that division actually specifies an exact time, which probably won’t be at 9:30 a.m.

Finding a parking spot can sometimes be difficult to find in the morning, so please give yourself an extra 10 minute leeway. Also, on some days, I may have more than one hearing, so I may not actually be there waiting for you at 9:30 a.m. Don’t worry, however, as we will have until 10:00 a.m. to handle your case. The hearing itself should not take more than 5 minutes.

Please make sure to bring your Florida driver’s license with you. Your license must have been issued six months prior to the filing of the case.  Please double check the date for me.  If for some reason it was issued within 6 months of the filing or after the filing of the Petition for Dissolution of Marriage, then you will need to bring a witness with you who can testify that you have lived in Florida for at least six months prior to the filing. In the alternative, the witness could sign an Affidavit of Residency.

Please note that when we go in to see the judge, there may be other attorneys and other parties (waiting to get their own divorce). Here are the questions I will be asking you…

What is your name?

What is your address?

How long have you been a continuous resident of the State of Florida?

Can you please show the judge your driver’s license?

Who are you married to?

Have you separated with your spouse?

Do you believe your marriage to be irretrievably broken?

Can you briefly state the reasons why?  (Note…you have to explain to the judge why you believe the marriage is broken beyond repair).

Do you believe that any type of marriage counseling could help save your marriage?

Do you want the judge to order any type of marriage counseling?

Do you have any minor children?

If you are the wife in the case, then I will ask you whether you are currently pregnant?

If you are the husband, then I will ask you if your wife is currently pregnant?

Did you and your spouse sign a Marital Settlement Agreement or Consent Final Judgment? (I will show you the Agreement or Judgment and have you identify the signatures).

If you are the wife and you are asking for a name change, then I will also ask you what name you wish to be restored to…and whether you are seeking to change your name for any ulterior motive such as to avoid creditors or criminal prosecution.

That’s usually about it.  Sometimes the judge may ask a question or two.  If that happens, just answer to the best of your ability. I should have you out of the courthouse by 10:15 a.m. depending on how crowded it is.  I look forward to seeing you.  I hope you have a great day.  Thanks.

Copyright ©2012 Steven A. Leitman
Original posting on 904Divorce.com

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First, it bears mentioning that obtaining an uncontested divorce is only possible when both parties agree to settle. When a potential client comes in with a positive attitude of wanting to work their case out, then they greatly improve their chance of achieving that goal. The positive attitude of one party can positively influence the settlement mentality of the other party.

On occasion, a potential client comes into my office hurt and as a “matter of principal” wants to get back at their spouse. They insist on wanting the case to be handled in an aggressive manner and don’t care what it will cost. I personally will not take a case like this because no matter what I am paid, it is never worth it!

I do not profess to settle all of my cases, as there are legitimate issues that sometimes have to be decided by the Judge. However, I at least want my clients to believe it would be better to seek a reasonable settlement instead of spending unnecessary time and money fighting.

Enough said…here are my 15 steps:

15 steps to an uncontested divorce in Jacksonville

Uncontested Divorce Step 1: Schedule a consultation with Steve by calling (904) 348-6723.

Uncontested Divorce Step 2: Complete a New Client Information Sheet.

Uncontested Divorce Step 3: Consult with Steve to discuss the facts of your case and to determine what you want to achieve.

Uncontested Divorce Step 4: Sign a Retainer Agreement.

Uncontested Divorce Step 5: Complete a Financial Affidavit.

Uncontested Divorce Step 6: Steve prepares a Marital Settlement Agreement and other required documents for your review.

Uncontested Divorce Step 7: Review the Marital Settlement Agreement and suggest any changes you believe are necessary.

Uncontested Divorce Step 8: The Marital Settlement Agreement and your Financial Affidavit are delivered to your spouse.

Uncontested Divorce Step 9: The Marital Settlement Agreement and your spouse’s Financial Affidavit are returned to Steve.

Uncontested Divorce Step 10: Review your spouse’s Financial Affidavit. If you are satisfied with his/her representations, then sign the Marital Settlement Agreement and other required documents.*

Uncontested Divorce Step 11: Steve files an “uncontested” Petition for Dissolution of Marriage, the signed Marital Settlement Agreement and other required documents with the Clerk of Court.

Uncontested Divorce Step 12: Register for the Parenting Education class (only required when parties have a minor child or children together).

Uncontested Divorce Step 13: Steve schedules a final hearing with the Judge assigned to the case. The final hearing is usually scheduled to take place 20 to 45 days after the case is filed.

Uncontested Divorce Step 14: Appear with Steve at the final hearing. If the Judge approves the Marital Settlement Agreement, then the Judge will sign a Final Judgment of Dissolution of Marriage dissolving the marriage.

Uncontested Divorce Step 15: Steve (or a 3rd party if needed) prepares any documents needed to transfer assets, such as Deeds, Qualified Domestic Relations Orders and/or Motor Vehicle Power of Attorneys.

Uncontested Divorce – a very important footnote below!

*If there are lingering or unanswered questions as to your spouse’s financial situation (income, expenses, assets and/or liabilities) then the Marital Settlement Agreement should not be signed until questions are answered. This most likely will result in additional steps having to be taken.

Please feel free to contact Steve at (904) DIVORCE (348-6723), if you have any questions about obtaining an uncontested divorce in Jacksonville

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There are 6 types of alimony that can be awarded in Florida: permanent alimony, durational alimony, rehabilitative alimony, bridge-the-gap alimony, temporary alimony, and lump sum alimony. Each type of alimony serves a different purpose.

Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. The theory behind permanent alimony is to allow a spouse who has not worked (or has lower income or lower earning potential) to continue to live in the same standard of living as enjoyed during the marriage. There must be a showing by the party seeking permanent alimony that the other party has the ability to pay the alimony amount requested.

Permanent alimony is more likely to be awarded in a long term marriage (defined as a marriage greater than 17 years in length). Permanent alimony can be awarded in medium length marriages (defined as marriages of 7 years but less than 17 years). In medium length marriages, the greater the length of the marriage and the greater the disparity of income influence whether permanent alimony is awarded. In exceptional circumstances, permanent alimony can be awarded in short term marriages (defined as a marriage of less than 7 years). This is very rare and usually only happens when one spouse has been seriously injured or has come down with an incurable disease that does not allow them to support themselves.

Rehabilitative alimony is more typically awarded in medium length marriages and short term marriages. Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either: the redevelopment of previous skills or credentials; or the acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

The party who is seeking rehabilitative alimony has to show the court a specific and defined plan of rehabilitation (such as attendance at college or vocational training). Often the rehabilitative claim is made by a party who has given up their education or job to raise children and now needs support so they can finish or reestablish themselves in the workforce with education and/or training

Florida’s newest type of alimony is durational alimony. Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration. A key principal of durational alimony is that the party seeking durational alimony does not have to have to present a rehabilitative plan. Until durational alimony came into existence, the judge had to decide between permanent alimony or rehabilitative alimony. Now, there is an in between solution.

Bridge-the-gap alimony is short term alimony and cannot exceed 2 years. It is awarded to allow a lesser earning party to ease the financial transition from married to single life.

Unlike child support, there are no alimony guidelines. Therefore, an award of alimony, if any, is decided by the Court considering Section 61.08 of the Florida Statutes. The court also considers case law from the Florida Supreme Court and Florida District Courts of Appeal in deciding entitlement to alimony, type of alimony, amount of alimony, and duration of alimony.

Included herein is part of the Florida Statutes on alimony which sets forth the factors that the court looks at in determining the alimony issue.

In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:

(a)The standard of living established during the marriage.

(b)The duration of the marriage.

(c)The age and the physical and emotional condition of each party.

(d)The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e)The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f)The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g)The responsibilities each party will have with regard to any minor children they have in common.

(h)The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i)All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j)Any other factor necessary to do equity and justice between the parties.

Copyright © 2011 Steven A. Leitman*
Original posting on 904Divorce.com

*no copyright is asserted as to any
portion of the Florida Statutes

One of the most challenging issues in a military divorce is how to arrange appropriate time-sharing (this is the term that replaced custody and visitation) taking into consideration the member’s deployment. In civilian cases this is typically not an issue as both parents usually live in the same vicinity throughout the year.

Accommodations should be negotiated to provide the member adequate time with the children upon return from deployment. Also, while deployed consistent contact between the member and the children via phone (when available) and email is critically important so that a healthy bond is maintained.

A divorce attorney handling military cases needs to be familiar with the Servicemembers Civil Relief Act (formerly the Soldiers and Sailors Relief Act). This Act provides certain protections to a military member when they cannot participate in the divorce case due to their service requirements. This issue typically comes up when a non-member tries to proceed with a divorce from a member who is deployed or fighting a war in a foreign country.

Knowledge as to how military retirement benefits are dealt with in a Florida divorce case is also important. Florida law provides that retirement benefits earned during the marriage are to be equitably distributed (the starting point is 50/50). However, this is not the same as saying the non-member receives 1/2 of the entire retirement benefit which the member receives upon retirement. Often times the member was enlisted prior to the marriage and/or will provide service after the divorce which would be considered non-marital.

It should be noted that if the member and non-member are married for at least 10 years during which time the member served in the military, then the non-member can receive direct pay from the military. Anything less than 10 years does not qualify.

Entitlement to survivor benefits is another issue that has to be dealt with in a military divorce. Many members do not want survivor benefits awarded to their non-member spouse as it lowers the net amount they will receive. However, non-members want the protection that survivor benefits provide. There is no automatic right to survivor benefit coverage so this issue sometimes has to be decided by the court.

Copyright © 2011 Steven A. Leitman
Original posting on 904Divorce.com

Assets include, but are not limited to, real property (marital home, lots, investment property), personal bank accounts, cars, boats and retirement assets (401-K, pension, IRA). Liabilities include, but are not limited to, mortgages, credit card debt, lines of credit, personal loans and car payments.

The court starts with the proposition that assets and liabilities should be divided equally, unless there is justification for an unequal distribution, based on the following factors (these factors were taken from the Florida Statutes dealing with equitable distribution):

the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

(b) The economic circumstances of the parties.

(c) The duration of the marriage.

(d) Any interruption of personal careers or educational opportunities of either party.

(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.

(f) The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

(g) The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

(h) The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

(i) The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

(j) Any other factors necessary to do equity and justice between the parties.

Copyright © 2011 Steven A. Leitman*
Original posting on 904Divorce.com

*no copyright is asserted as to any
portion of the Florida Statutes

Before agreeing on a child support figure a complete understanding of how net income is calculated including what constitutes gross income and what deductions are allowed from gross income needs to be understood. The correct calculation of net income could have a substantial impact on the actual amount of child support paid.

It is important to also note that there may be reasons to deviate from the child support guidelines due to factors set forth in the Florida Statutes. I will address the issue of deviation in a future separate post.

Copyright © 2009 to 2012 Steven A. Leitman
Original posting on 904Divorce.com

When should this form be used?

A Parenting Plan is required in all cases involving time-sharing with minor child(ren), even when time-sharing is not in dispute. This form or a similar form should be used in the development of a Parenting Plan. If the case involves supervised time-sharing, the Supervised/Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995 (b) or a similar form should be used.

This form should be typed or printed in black ink. If an agreement has been reached, both parties must sign the Parenting Plan and have their signatures witnessed by a notary public or deputy clerk. After completing this form, you should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. You should then refer to the instructions for your petition, answer, or answer and counterpetition concerning the procedures for setting a hearing or trial (final hearing). If an agreed Parenting Plan is not filed by the parties, the Court shall establish a Plan.

Special notes…

At a minimum, the Parenting Plan must describe in adequate detail:

• How the parties will share and be responsible for the daily tasks associated with the upbringing of the child(ren),
• The time-sharing schedule arrangements that specify the time that the minor child(ren) will spend with each parent,
• A designation of who will be responsible for any and all forms of health care, school-related matters, other activities, and
• The methods and technologies that the parents will use to communicate with the child(ren).

The best interests of the child(ren) is the primary consideration in the Parenting Plan. In creating the Parenting Plan, all circumstances between the parties, including the parties’ historic relationship, domestic violence, and other factors must be taken into consideration. Determination of the best interests of the child(ren) shall be made by evaluating all of the factors affecting the welfare and interest of the minor child(ren), including, but not limited to:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required;
• The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties;
• The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child(ren) as opposed to the needs or desires of the parent;
• The length of time the child(ren) has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
• The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child(ren);
• The moral fitness of the parents;
• The mental and physical health of the parents;
• The home, school, and community record of the child(ren);
• The reasonable preference of the child(ren), if the court deems the child(ren) to be of sufficient intelligence, understanding, and experience to express a preference;
• The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child(ren), including, but not limited to, the child(ren)’s friends, teachers, medical care providers, daily activities, and favorite things;
• The demonstrated capacity and disposition of each parent to provide a consistent routine for the child(ren), such as discipline, and daily schedules for homework, meals, and bedtime;
• The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child(ren), and the willingness of each parent to adopt a unified front on all major issues when dealing with the child(ren);
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought;
• Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect;
• The particular parenting tasks customarily performed by each parent and the division or parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties;
• The demonstrated capacity and disposition of each parent to participate and be involved in the child(ren)’s school and extracurricular activities;
• The demonstrated capacity and disposition of each parent to maintain an environment for the child(ren) which is free from substance abuse;
• The capacity and disposition of each parent to protect the child(ren) from the ongoing litigation as demonstrated by not discussing the litigation with the child(ren), not sharing documents or electronic media related to the litigation with the child(ren), and refraining from disparaging comments about the other parent to the child)ren); and
• The developmental stages and needs of the child(ren) and the demonstrated capacity and disposition of each parent to meet the child(ren)’s developmental needs.

This standard form does not include every possible issue that may be relevant to the facts of your case. The Parenting Plan should be as detailed as possible to address the time-sharing schedule. Additional provisions should be added to address all of the relevant factors. The parties should give special consideration to the age and needs of each child.

In developing the Parenting Plan, you may wish to consult or review other materials which are available at your local library, law library or through national and state family organizations.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL
CIRCUIT IN AND FOR _________________ COUNTY, FLORIDA

Case No: _____________________
Division: _____________________

_______________________________
Petitioner

and
_______________________________
Respondent

PARENTING PLAN

This parenting plan is: (Choose only one)

[ ] A Parenting Plan submitted to the court with the agreement of the parties.
[ ] A proposed Parenting Plan submitted by or on behalf of:
{Parent’s Name}_______________________________________________.
[ ] A Parenting Plan established by the court.

This parenting plan is: (Choose only one)

[ ] A final Parenting Plan established by the court.
[ ] A temporary Parenting Plan established by the court.
[ ] A modification of a prior final Parenting Plan or prior final order.

I. PARENTS

Mother’s Name: _________________________________________________

Address: ______________________________________________________

Telephone Number: ______________________________________________

E-Mail: ________________________________________________________

Father’s Name:__________________________________________________

Address: ______________________________________________________

Telephone Number: ______________________________________________

E-Mail: ________________________________________________________

II. CHILDREN: This parenting plan is for the following child(ren) born to, or adopted by the parties: (add additional lines as needed)

Name Date of Birth Sex
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

III. JURISDICTION

The United States is the country of habitual residence of the child(ren).

The State of Florida is the child(ren)’s home state for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.

This Parenting Plan is a child custody determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. Sections 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25, 1980, and for all other state and federal laws.

Other: _______________________________________________________________

IV. PARENTAL RESPONSIBILITY AND DECISION MAKING

1. Parental Responsibility (Choose only one)

[ ] Shared Parental Responsibility.
It is in the best interests of the child(ren) that the parents confer and jointly make all major decisions affecting the welfare of the child(ren). Major decisions include, but are not limited to, decisions about the child(ren)’s education, healthcare, and other responsibilities unique to this family.

OR

[ ] Shared Parental Responsibility with Decision Making Authority
It is in the best interests of the child(ren) that the parents confer and attempt to agree on the major decisions involving the child(ren). If the parents are unable to agree, the authority for making major decisions regarding the child(ren) shall be as follows:

Education/Academic decisions [ ] Mother [ ] Father
Non-emergency health care [ ] Mother [ ] Father
___________________________ [ ] Mother [ ] Father
___________________________ [ ] Mother [ ] Father
___________________________ [ ] Mother [ ] Father

OR

[ ] Sole Parental Responsibility:
It is in the best interests of the child(ren) that the [ ] Mother [ ] Father shall have sole authority to make major decisions for the child(ren.)

2. Day-to-Day Decisions
Each parent shall make decisions regarding day-to-day care and control of each child while the child is with that parent. Regardless of the allocation of decision making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child(ren) when the child is residing with that parent. A parent who makes an emergency decision shall share the decision with the other parent as soon as reasonably possible.

3. Extra-curricular Activities ( Choose all that apply)

[ ] Either parent may register the child(ren) and allow them to participate in the activity of the child(ren)’s choice.

[ ] The parents must mutually agree to all extra-curricular activities.

[ ] The parent with the minor child(ren) shall transport the minor child(ren) to and/or from all mutually agreed upon extra-curricular activities, providing all necessary uniforms and equipment within the parent’s possession.

[ ] The costs of the extra-curricular activities shall be paid by:
Mother _________% Father __________ %

[ ] The uniforms and equipment required for the extra-curricular activities shall be paid by:
Mother _________% Father __________%

[ ] Other: _____________________________________________________ .

V. INFORMATION SHARING. Unless otherwise indicated or ordered by the Court:

Both parents shall have access to medical and school records pertaining to the child(ren) and shall be permitted to independently consult with any and all professionals involved with the child(ren). The parents shall cooperate with each other in sharing information related to the health, education, and welfare of the child(ren) and they shall sign any necessary documentation ensuring that both parents have access to said records.

Each parent shall be responsible for obtaining records and reports directly from the school and health care providers.

Both parents have equal rights to inspect and receive governmental agency and law enforcement records concerning the child(ren).

Both parents shall have equal and independent authority to confer with the child(ren)’s school, day care, health care providers, and other programs with regard to the child(ren)’s educational, emotional, and social progress.

Both parents shall be listed as “emergency contacts” for the child(ren).

Each parent has a continuing responsibility to provide a residential, mailing, or contact address and contact telephone number to the other parent. Each parent shall notify the other parent in writing within 24 hours of any changes. Each parent shall notify the court in writing within seven (7) days of any changes.

Other:
______________________________________________________________________
______________________________________________________________________

VI. SCHEDULING

1. School Calendar
If necessary, on or before ______________ of each year, both parents should obtain a copy of the school calendar for the next school year. The parents shall discuss the calendars and the time-sharing schedule so that any differences or questions can be resolved.

The parents shall follow the school calendar of: (Choose all that apply)
[ ] the oldest child
[ ] the youngest child
[ ] the school calendar for _________________ County
[ ] the school calendar for _________________ School

2. Academic Break Definition
When defining academic break periods, the period shall begin at the end of the last scheduled day of classes before the holiday or break and shall start on the first day of regularly scheduled classes after the holiday or break.

3. Schedule Changes (Choose all that apply)

[ ] A parent making a request for a schedule change will make the request as soon as possible, but in any event, except in cases of emergency, no less than ________________ before the change is to occur.

[ ] A parent requesting a change of schedule shall be responsible for any additional child care, or transportation costs caused by the change.

[ ] Other ___________________________________________________________.

VII. TIME-SHARING SCHEDULE

1. Weekday and Weekend Schedule
The following schedule shall apply beginning on _____________________________________
with the [ ] Mother [ ] Father and continue as follows:

A. The child(ren) shall spend time with the Mother on the following dates and times:

WEEKENDS: [ ] Every [ ] Every Other [ ] Other (specify) __________________________________________________________________
From ______________________________
To ________________________________

WEEKDAYS: Specify days
_________________________________________________________________
From _____________________________
To _______________________________

OTHER:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

B. The child(ren) shall spend time with the Father on the following dates and times:

WEEKENDS: [ ] Every [ ] Every Other [ ] Other (specify)
_________________________________________________________________

From ____________________________
To ______________________________

WEEKDAYS: Specify days
_________________________________________________________________
From ____________________________
To ______________________________

OTHER:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

C. Check box if there is a different time sharing schedule for any child. Complete a separate Attachment for each child for whom there is a different time sharing schedule.

[ ] There is a different time-sharing schedule for the following child(ren) in Attachment ______.

______________________________, and _________________________.
(Name of Child)                                                             (Name of Child)

2. Holiday Schedule (Choose only one)

[ ] No holiday time sharing shall apply. The regular time-sharing schedule set forth above shall apply.

[ ] Holiday time-sharing shall be as the parties agree.

[ ] Holiday time-sharing shall be in accordance with the following schedule. The Holiday schedule will take priority over the regular weekday, weekend, and summer schedules. Fill in the blanks with Mother or Father to indicate where the child(ren) will be for the holidays. Provide the beginning and ending times. If a holiday is not specified as even, odd, or every year with one parent, then the child(ren) will remain with the parent in accordance with the regular schedule

Holidays                    Even Years    Odd Years    Every Year     Begin/End Time
Mother’s Day
Father’s day
President’s Day
Martin Luther King Day
Easter
Passover
Memorial Day Weekend
4th of July
Labor Day Weekend
Columbus Day Weekend
Halloween
Thanksgiving
Veteran’s Day
Hanukkah
Yom Kippur
Rosh Hashanah
Child(ren)’s Birthdays
_______________
_______________

This holiday schedule may affect the regular Time-Sharing Schedule. Parents may wish to specify one or more of the following options:

[ ] When the parents are using an alternating weekend plan and the holiday schedule would result in one parent having the child(ren) for three weekends in a row, the parents will exchange the following weekend, so that each has two weekends in a row before the regular alternating weekend pattern resumes.

[ ] If a parent has the child(ren) on a weekend immediately before or after an unspecified holiday or non-school day, they shall have the child(ren) for the holiday or non-school day.

3. Winter Break
A. Entire Winter Break (Choose only one)

[ ] The [ ] Mother [ ] Father shall have the child(ren) from the day and time school is dismissed until December _____ at _____ a.m./p. m in [ ] odd-numbered years [ ] even-numbered years [ ] every year. The other parent will have the children for the second portion of the Winter Break. The parties shall alternative the arrangement each year.

[ ] The [ ] Mother [ ] Father shall have the child(ren) for the entire Winter Break during [ ] odd-numbered years [ ] even-numbered years [ ] every year.

[ ] Other:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

B. Specific Winter Holidays
If not addressed above, the specific Winter Holidays such as Christmas, New Year’s Eve, Hanukkah, Kwanzaa, etc. and shall be shared as follows:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

4. Spring Break (Choose only one)

[ ] The parents shall follow the regular schedule.

[ ] The parents shall alternate the entire Spring Break with the Mother having the child(ren) during the [ ] odd-numbered years [ ]even numbered years.

[ ] The [ ] Father [ ] Mother shall have the child(ren) for the entire Spring Break every year.

[ ] The Spring Break will be evenly divided. The first half of the spring Break will go to the parent whose regularly scheduled weekend falls on the first half and the second half going to the parent whose weekend falls during the second half.

[ ] Other: ___________________________________________________________

5. Summer Break (Choose only one)

[ ] The parents shall follow the regular schedule through the summer.

[ ] The [ ] Mother [ ] Father shall have the entire Summer Break from __________ after school is out until _______________ before school starts.

[ ] The parents shall equally divide the Summer Break. During [ ] odd-numbered years [ ] even numbered years, the [ ] Mother [ ] Father shall have the children from _______________________________ after school is out until ___________________________________________ The other parent shall have the child(ren) for the second one-half of the summer break. The parents shall alternate the first and second one-halves each year unless otherwise agreed. During the extended periods of time-sharing, the other parent shall have the child(ren) _______________________________________________________

[ ] Other: ___________________________________________________________

6. Number of Overnights:

Based upon the time-sharing schedule, the Mother has a total of _____ overnights per year and the Father has a total of _____ overnights per year. Note: The two numbers must equal 365.

7. [ ] If not set forth above, the parties shall have time-sharing in accordance with the schedule which is attached and incorporated herein.

VIII. TRANSPORTATION AND EXCHANGE OF CHILD(REN)

1. Transportation (Choose only one)

[ ] The [ ] Mother [ ] Father shall provide all transportation.

[ ] The parent beginning their time-sharing shall provide transportation for the child(ren).

[ ] The parent ending their time-sharing shall provide transportation for the child(ren).

[ ] Other: __________________________________________________________

2. Exchange (Choose only one)

Both parents shall have the child(ren) ready on time with sufficient clothing packed and ready at the agreed upon time of exchange. If a parent is more than ______ minutes late without contacting the other parent to make other arrangements, the parent with the child(ren) may proceed with other plans and activities.

[ ] Exchanges shall be at Mother’s and Father’s homes unless both parents agree to a different meeting place.

[ ] Exchanges shall occur at __________________________________________________________________
unless both parties agree in advance to a different meeting place.

[ ] Other: __________________________________________________________

3. Transportation Costs (Choose only one)

[ ] Transportation costs are included in the Child Support Worksheets and/or the Order for Child Support and should not be included here.

[ ] The Mother shall pay ______% and the Father shall pay ______ % of the transportation costs.

[ ] Other: _________________________________________________________

4. Foreign and Out-Of-State Travel (Choose only one)

[ ] Either parent may travel with the child(ren) during his/her time-sharing. The parent traveling with the child(ren) shall give the other parent at least ____ days written notice before traveling out of state unless there is an emergency, and shall provide the other parent with a detailed itinerary, including locations and telephone numbers where the child(ren) and parent can be reached at least ____ days before traveling.

[ ] Either parent may travel out of the country with the child(ren) during his/her time-sharing. At least ___ days prior to traveling, the parent shall provide a detailed itinerary, including locations, and telephone numbers where the child(ren) and parent may be reached during the trip. Each parent agrees to provide whatever documentation is necessary for the other parent to take the child(ren) out of the country.

[ ] If a parent wishes to travel out of the country with the child(ren), he/she shall provide the following security for the return of the child _________________________________________________________________
_________________________________________________________________

[ ] Other: ___________________________________________________________

IX. EDUCATION

1. School designation. For purposes of school boundary determination and registration, the
[ ] Mother’s [ ] Father’s address shall be designated.

2. (If Applicable) The following provisions are made regarding private or home schooling:       ___________________________________________________________________

3. Other: ________________________________________________________________

X. DESIGNATION FOR OTHER LEGAL PURPOSES

The child(ren) named in this Parenting Plan are scheduled to reside the majority of the time with the [ ] Mother [ ] Father. This majority designation is SOLELY for purposes of all other state and federal laws which require such a designation. This designation does not affect either parent’s rights and responsibilities under this parenting plan.

XI. COMMUNICATION

1. Between Parents
All communications regarding the child(ren) shall be between the parents. The parents shall not use the child(ren) as messengers to convey information, ask questions, or set up schedule changes.

The parents shall communicate with each other by: (Choose all that apply)

[ ] in person
[ ] by telephone
[ ] by letter
[ ] by e-mail
[ ] Other: ___________________________________________________________

2. Between Parent and Child(ren)

Both parents shall keep contact information current. Telephone or other electronic communication between the child(ren) and the other parent shall not be monitored by or interrupted by the other parent. “Electronic communication” includes telephones, electronic mail or e-mail, webcams, video-conferencing equipment and software or other wired or wireless technologies or other means of communication to supplement face to face contact.

The child(ren) may have [ ] telephone [ ] e-mail [ ] other electronic communication in the form of ______________________________________ with the other parent: (Choose only one)
[ ] Anytime
[ ] Every day during the hours of ________________________________
to ________________________________________________________
[ ] On the following days _______________________________________
during the hours of ___________________________________________
to ________________________________________________________
[ ] Other: ___________________________________________________

3. Costs of Electronic Communication shall be addressed as follows:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

XII. CHILD CARE (Choose only one)

[ ] Each parent may select appropriate child care providers
[ ] All child care providers must be agreed upon by both parents.
[ ] Each parent must offer the other parent the opportunity to care for the child(ren) before using a child care provider for any period exceeding _______ hours.
[ ] Other: __________________________________________________________________

XIII. CHANGES OR MODIFICATIONS OF THE PARENTING PLAN

This Parenting Plan may be modified or varied on a temporary basis when both parents agree in writing. When the parents do not agree, the Parenting Plan remains in effect until further order of the court.

Any substantial changes to the Parenting Plan must be sought through the filing of a supplemental petition for modification.

XIV. RELOCATION

Any relocation of the child(ren) is subject to and must be sought in compliance with section 61.13001, Florida Statutes.

XV. DISPUTES OR CONFLICT RESOLUTION

Parents shall attempt to cooperatively resolve any disputes which may arise over the terms of the Parenting Plan. The parents may wish to use mediation or other dispute resolution methods and assistance, such as Parenting Coordinators and Parenting Counselors, before filing a court action.

XVI. OTHER PROVISIONS
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

SIGNATURE OF PARENTS

I certify that I have been open and honest in entering into this Parenting Plan. I am satisfied with this Plan and intend to be bound by it.

Dated: _____________________________________________

__________________________________________________
Signature of Mother

Printed Name: ____________________________________
Address:
City, State, Zip:
Telephone Number:
Fax Number:
STATE OF FLORIDA
COUNTY OF _________________________

Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]
Personally known

Produced identification
Type of identification produced _____________________________________

I certify that I have been open and honest in entering into this settlement agreement. I am satisfied with this agreement and intend to be bound by it.

Dated:________________________

_____________________________________________
Signature of Father

Printed Name: ____________________________________
Address:
City, State, Zip:
Telephone Number:
Fax Number:

STATE OF FLORIDA
COUNTY OF _________________________

Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]
Personally known
Produced identification
Type of identification produced ____________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks]

I, {full legal name and trade name of nonlawyer}, a nonlawyer, located at {street} , {city} _________________________,
{state} , {phone} , helped { name}, who is the [one only] petitioner or respondent, fill out this form

ORDER OF THE COURT

IT IS HEREBY ORDERED AND ADJUDGED THAT THE PARENTING PLAN SET FORTH ABOVE IS ADOPTED AND ESTABLISHED AS AN ORDER OF THIS COURT.

ORDERED ON ______________________________________________________________.

_____________________________
CIRCUIT JUDGE

COPIES TO:
Father (or his Attorney)
Mother (or her Attorney)
Other

Because Florida is a no-fault state, the mere fact that a party has committed adultery is usually not a factor considered by the court.

Although the alimony statute references that the court can consider a party’s adultery in determining the alimony issue, the case law which has evolved does not really support that notion.

If a party has committed adultery and dissipated (wasted) marital assets in the process (such as buying the third person jewelry or plane tickets to travel), then the court can determine the amount and the party who has been cheated on can ask that their share of the wasted money be reimbursed from the assets of the other party.

If the parties have minor children, a party’s adultery can be considered by the court in deciding which party should have the majority of overnights with the children. However, in practice. if the adultery has not somehow directly affected the children or a party’s ability to raise their children, then the adultery will usually not be a major factor in the court’s decision.

Copyright © 2009 Steven A. Leitman
Original posting on 904Divorce.com

This led to some abuses of the system and required some parties to remain married even when they were unhappy. As a result, the law was changed.

For many years now, Florida has been a no fault state. If one of the parties wants a divorce then it will be granted if the party can show that their marriage is irretrievably broken.

In practice this is a very low burden to overcome and there is not a necessity of showing that someone had an affair or was a victim of physical abuse.

Basically, if a party wants a divorce in Florida then they will get it.

Copyright © 2009 Steven A. Leitman
Original posting on 904Divorce.com