My girlfriend is trying to get her divorce done after 3 years of separation. They have a kid together, have had no contact and she has received no support in all that time.

She suspects that he will just sign whatever is put in front of him, but has read that in some places there cannot be an uncontested divorce when there is a child involved. They have no assets that need splitting.

Does anyone know how Florida law handles these situations? She isn't looking to get support or money from him... just a decree of divorce and on with her life.

Of course there can be a uncontested divorce, but there has to be a child custody agreement, a child support agreement all done at the same time, and he has to agree to all of it.

Also since there are state requirements, I think a divorce parenting class is required of both parties, she should use an attorney, since he has to fill out papers of his income and everything he owns, and she has to also. From that a min child support is figured.

Visitation if requested has to be worked out.

She should have filed for custody and child support years ago. Even if no divorce yet.

So I would talk to ex, see if he will agree, if he does, both of you hire an attorney to do the paper work.

We have an attorney. We're also looking at one of those "put an ad in the paper to find the guy" situations. She is just skeptical that its really as easy as her lawyer is telling her it is and wondering if she should meet with another lawyer before going forward.

My GF is just worried that because there is a kid involved (whom I will someday adopt since I've been his dad all along) that his lack of response might cause issues in getting this all resolved.

As for the support and custody... you're preaching to the choir (sorry... couldn't resist). Just getting her to finally face things and meet with a lawyer has been an ongoing battle.

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Originally Posted by stevetcg

We have an attorney. We're also looking at one of those "put an ad in the paper to find the guy" situations. She is just skeptical that its really as easy as her lawyer is telling her it is and wondering if she should meet with another lawyer before going forward.

My GF is just worried that because there is a kid involved (whom I will someday adopt since ive been his dad all along) that his lack of response might cause issues in getting this all resolved.

As for the support and custody... youre preaching to the choir (sorry.... couldnt resist). Just getting her to finally face things and meet with a lawyer has been an ongoing battle.

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An Attorney knows the legal climate, knows the laws... and has malpractice insurance. That Attorney certainly knows the background of this a lot better than those of us reading your posts do.

Believe him/her.

Yes, the ad is only good if you really don't know where he is at, where are his parents, is there no way to find him.

Also the ad will also normally mean at some point and time when he is found you will be back in court when he asks for things to be admended.

Child support would be set at the min normally since there is no way to prove his income if he is not there.

And without him there it can not be uncontested, uncontested means he is there and is signing the paper work.

Divorce court is almost like ordering at McDonalds unless there is a fight going on, there are dozens of cases a day, one after another, in many cases on uncontested, the couple don't even appear, the judge merely signs the court orders in his chambers sometime during the day