12 901 b 1 2025

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Florida operates under a 50/50 custody presumption. In 2023, Florida signed House Bill 1301 into law which set the presumption that it is in a childs best interest to spend an equal amount of time with each of their parents following divorce or separation, unless this would be in detriment to the child.
In short, yes, you can get divorced without going to court in California if your case is uncontested. An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support.
If you and your spouse reach an agreement on all of the issues, the judge may use a Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren) (Uncontested), Florida Supreme Court Approved Family Law Form 12.990(b)(1).
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