Filing uncontested w/children - questions

[Aiea]

Wife wants a divorce, and so far nothing is contested. We have no more assets, no house, no more money, only old cars, etc. I do have a few questions.

1. Can papers be petitioner vs petitioner or does there have to be a respondent?

2. I know the court has forms for this; are the court forms mandatory or can I write my own document as long as it covers the basic topics in the forms. Much that is in the form does not apply in our situation. Most states I could but I don't know in Florida.

3. Can I create any parenting plan or do I have to use one of the court's suggested plans? I do understand that the wife will have to agree to the plan.

4. Is it acceptable/possible to state that one parent (primary) can move the kids out of state/country without getting the other's permission? I agree there should be notice given and still keep parental contact.

I do understand that she will have to sign all papers and agree to everything.

I would appreciate some answers so I can move forward. Thanks

[Attorney Howard Iken]

1. Can papers be petitioner vs petitioner or does there have to be a respondent?

There must be a Respondent. But you can also use the titles: Husband and Wife


2. I know the court has forms for this; are the court forms mandatory or can I write my own document as long as it covers the basic topics in the forms. Much that is in the form does not apply in our situation. Most states I could but I don't know in Florida.

You can free-form within certain limitations. Keep as much language as possible.


3. Can I create any parenting plan or do I have to use one of the court's suggested plans? I do understand that the wife will have to agree to the plan.

I would stick to the pre-formatted plan.


4. Is it acceptable/possible to state that one parent (primary) can move the kids out of state/country without getting the other's permission? I agree there should be notice given and still keep parental contact.

Yes