Divorce With Children & Property

by Anonymous from Florida

My wife wants to file for an uncontested divorce. I have no objection to this. Which forms will I need based on the following information? Is the parenting course a mandatory requirement?

She says that she wants nothing from me other than the help that I have been providing for my child. I owe thousands of dollars in judgments.

My bank accounts have been frozen for some of these judgments, and the house is in foreclosure for months now, but no one lives in it.

She has an apt in Florida and resides there with my child. I do not want my wife's credit to be affected by all my judgements and my financial situation.

Do I still need to file the Marital settlement agreement? I do odd jobs and cannot find steady work.

Answer to Florida Divorce Question

Dear Anonymous,

The Marital Settlement Agreement isn't necessarily mandatory, but it may be required in your specific court circuit.

However, you may want to complete one to make sure that ownership of assets and debts is perfectly clear.

The Parenting Course is mandatory throughout Florida for all divorcing couples with children.

Enforcement of the mandatory requirement is somewhat spotty, depending on your circuit.

In general, your personal debts are not owed by your spouse. However, if they were joint debts, then you both are most likely liable. If the house in foreclosure was in both of your names, then the foreclosure will affect both of your credit scores.

My suggestion is to file the form, Petition for Dissolution of Marriage with Minor Children, Form 12.901(b)(1) along with a Marital Settlement Agreement.

Both of you will need to file a Florida Family Law Financial Affidavit to reflect your current income and expenses. Your net income from that financial affidavit is used to compute child support according to the Florida Child Support Guidelines.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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