To I need to appear in court?

What is the name of your state? Florida

My wife and I talking about Divorce, but haven't done anything yet and might not .
I just like to know if I'm giving her everything except my car, do I still need to appear in court? Is there a way, I just file the paper and be done with it?
We have a house, cars, a son, saving&checking. Also, does my 401K need to be split? (I don't think she want it anyway).
Child support issue, do I need to put down how much I need to pay her per month? What if I don't put anything down regarding child support, then what happen? Please keep in mind that I would like to pay her to take care my son.

Advizor said:

What is the name of your state? Florida

My wife and I talking about Divorce, but haven't done anything yet and might not .
I just like to know if I'm giving her everything except my car, do I still need to appear in court? Is there a way, I just file the paper and be done with it?
We have a house, cars, a son, saving&checking. Also, does my 401K need to be split? (I don't think she want it anyway).
Child support issue, do I need to put down how much I need to pay her per month? What if I don't put anything down regarding child support, then what happen? Please keep in mind that I would like to pay her to take care my son.

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To answer your question about do you HAVE to appear in court:

No. HOWEVER, the only way that can be done is if YOUR WIFE FILES for the divorce. (if you file, and then don't appear it will be dismissed-no divorce)

Also, be aware that if you don't appear in court your wife and the Judge can do anything they want- even take ALL of your 401K AND your car!

As for child support: you do not get to choose how much you will pay, the court will set the amount based on your income your wife's income and the Florida CS Guidelines.

Gracie3787 said:

To answer your question about do you HAVE to appear in court:

No. HOWEVER, the only way that can be done is if YOUR WIFE FILES for the divorce. (if you file, and then don't appear it will be dismissed-no divorce)

Also, be aware that if you don't appear in court your wife and the Judge can do anything they want- even take ALL of your 401K AND your car!

As for child support: you do not get to choose how much you will pay, the court will set the amount based on your income your wife's income and the Florida CS Guidelines.

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Well, actually there is one other way that he wouldn't have to appear in court. If they absolutely agree on everything and are able to put together a sensible agreement, a judge might sign off on it without having a hearing. However that can be difficult to do without attorneys.

LdiJ said:

Well, actually there is one other way that he wouldn't have to appear in court. If they absolutely agree on everything and are able to put together a sensible agreement, a judge might sign off on it without having a hearing. However that can be difficult to do without attorneys.

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Unfortunately in Florida, if minor children and or property is involved there has to be a hearing even if both parties agree on everything.

Of course, if OP's wife files the petition, they agree on everything (including the amount of CS based on guidelines) and have it in writing then a Judge might sign it at hearing without OP being present.

But, as I warned OP, he would be taking a great risk and as you said all of it will be difficult to do without at least one attorney.

Come to think of it, when my second husband and I divorced after a 6 year separation, no minor kids, no property , no debts and no animosity a hearing still had to be held. Believe it or not, my ex and I get along so well that the Judge was actually hesitant about granting the divorce and spent 15 minutes questioning us on why we couldn,t stay married. Crazy, huh?

Thanks for you input

I guess you all answer my question and we are not any closer to a ddivorce, so which is a good news. I guess we just don't see our life the same way. What's the % the state of Florida will take from me? I hope is less than 50% or I will have a hard time getting another house...