Doe v. Doe — Florida Divorce Case Preparation Document
Jane M. Doe (Petitioner) • John R. Doe (Respondent) • Miami-Dade County, FL
Jane and John Doe were married on August 14, 2013, in Miami-Dade County, Florida and have resided together at their marital home in Coral Gables throughout the marriage. They have two minor children: Emily (age 10) and Lucas (age 8). Jane works as a registered nurse at Jackson Memorial Hospital and earns approximately $72,000 per year. John is a sales manager and earns approximately $95,000 per year plus commissions.
The parties separated September 3, 2025 when John relocated to a rented apartment in Brickell. Jane has remained in the marital home with the children. The parties have been unable to agree on time-sharing, child support, or division of the marital home and are currently in early negotiation. Neither party is represented by counsel at this stage.
Each entry represents a documented event that may be relevant to custody, financial claims, or equitable distribution arguments. Your attorney can use this timeline to assess which events require formal documentation.
Assets
| Asset | Classification | Estimated Value | Notes |
|---|---|---|---|
| 412 Alhambra Circle (Coral Gables) Primary residence |
Marital | $685,000 | Zillow est. Mar 2026 |
| Jane's 401(k) — Jackson Memorial Retirement account |
Marital (partial) | $88,400 | Marital portion since 2013 |
| John's 401(k) — Employer Plan Retirement account |
Marital (partial) | $142,600 | QDRO likely required |
| Joint Checking — Chase #4412 Bank account |
Marital | $18,750 | Balance as of Mar 1 |
| Joint Savings — Chase #4413 Bank account (depleted) |
Marital | $4,100 | After $11,200 withdrawal |
| John's E*Trade Brokerage Investment account (undisclosed) |
Marital | $31,200 | Opened during marriage |
| 2021 Honda CR-V (Jane's) Vehicle |
Marital | $24,500 | KBB Fair Market Value |
| 2019 Ford F-150 (John's) Vehicle |
Marital | $28,700 | KBB Fair Market Value |
| Total Assets | $613,250 | ||
Debts & Liabilities
| Liability | Classification | Balance Owed | Monthly Pmt |
|---|---|---|---|
| Mortgage — Chase Bank 412 Alhambra Circle |
Marital | $387,000 | $2,340/mo |
| Jane's Student Loans — Navient Nursing degree |
Pre-marital | $24,200 | $285/mo |
| Honda CR-V Auto Loan Jane's vehicle |
Marital | $9,100 | $390/mo |
| Chase Visa Joint Credit Card Joint account |
Marital | $8,450 | $250/mo (min) |
| Total Debts | $428,750 | ||
Monthly Household Expenses (Jane's Household — Post-Separation)
| Expense Category | Monthly Amount | Notes |
|---|---|---|
| Mortgage | $2,340 | Jane paying alone |
| Groceries & Household | $850 | |
| Children's Activities (soccer, tutoring) | $420 | Documented receipts |
| Utilities (electric, water, internet) | $310 | |
| Auto Loan (CR-V) | $390 | |
| Auto Insurance | $195 | |
| Student Loan | $285 | Jane's pre-marital |
| Health Insurance (family plan) | $480 | Through Jane's employer |
| Childcare / After-school | $640 | Working schedule coverage |
| Total Monthly Expenses | $5,910 | Jane's net income: ~$4,650/mo |
⚠ Jane's documented monthly expenses ($5,910) exceed her current monthly take-home ($4,650) by approximately $1,260/month. This shortfall may be relevant to your attorney's evaluation of your case.
- Bridge-the-gap alimony — Helps transition from married to single life. Maximum 2 years. Non-modifiable as to term.
- Rehabilitative alimony — Supports retraining/education. Must have specific written plan. Modifiable upon substantial change.
- Durational alimony — For marriages ≥ 3 years. For a 12-year marriage (moderate-term), Florida statute limits durational alimony to a percentage of the marriage length. Your attorney can calculate the applicable maximum for your situation.
- Temporary alimony (pendente lite) — Awarded during litigation pending final judgment. Available now if needed.
Courts assess need vs. ability to pay. Key factors for this case:
- Standard of living established during marriage
- Duration of marriage (12 years = moderate-term)
- Age and physical/emotional condition of parties
- Financial resources of each party — Jane: $72K, John: $95K + commissions
- Contribution to marriage, including homemaking and childcare
- All sources of income available to either party
The following is sample content for illustration. A licensed attorney must analyze your specific situation.
- Demonstrated capacity to facilitate the child's relationship with the other parent — Documented communications regarding proposed time-sharing arrangements may be relevant to this factor — discuss with your attorney.
- Anticipated division of parental responsibilities — Documented school, medical, and activity records may reflect the division of parental responsibilities — your attorney can evaluate their significance.
- Length of time the child has lived in a stable, satisfactory environment — Emily and Lucas have resided in the Coral Gables home with Jane since separation.
- Geographic viability of the plan — John relocated to Brickell (~5 miles). Both school zones likely accessible from either residence.
- Moral fitness of the parents — April 2025 incident documented. No police involvement or sustained findings.
- Mental and physical health of the parents — No documented impairments for either party.
- Home, school, and community record of the child — Children enrolled in same schools since 2020. No disruption preferred.
- Reasonable preference of the child — Emily at age 10 may be old enough for court to consider her preference. Judge has discretion.
- Evidence of domestic violence, sexual violence, child abuse, or neglect — None documented. April verbal incident insufficient without escalation.
- Parental capacity to meet developmental needs — Both parties employed with stable incomes. Jane's nurse schedule involves shift work.
| Schedule | Description | When Commonly Used |
|---|---|---|
| 50/50 Week-On/Week-Off | Children alternate weekly between homes | Common when both parents are equally involved |
| 60/40 (Primary/Secondary) | One parent has children 4 nights/week, other parent 3 nights | Common when one parent has been primary caregiver |
| Standard Visitation | Non-primary parent has every other weekend + one weeknight | Less common without equal involvement history |
The following is sample content for illustration. A licensed attorney must analyze your specific situation.
Primary Issues: Petitioner seeks dissolution of a 12-year marriage. The primary contested issues are (1) time-sharing and parenting plan for two minor children (ages 8 and 10), (2) equitable distribution of the marital home and retirement accounts, (3) temporary and potentially durational alimony due to income disparity, and (4) child support pursuant to Florida's Income Shares Model.
Petitioner's Strengths: Jane has been the established primary caregiver for both children since separation, documented through school records, pediatric records, and activity enrollment. She proposed a cooperative 60/40 time-sharing plan in writing. Her monthly expenses ($5,910) materially exceed her net income ($4,650), creating a documented $1,260/month shortfall supporting temporary support. She has preserved all financial documentation including bank statements, tax returns (3 years), and paystubs.
Key Adverse Facts / Risks: Respondent's income is substantially higher ($95K + commissions vs. Jane's $72K), which favors Jane on alimony and child support but may be used by Respondent to argue ability to provide a materially better home environment. The April 2025 verbal altercation was witnessed by a minor but is undocumented beyond Jane's journal. Discuss with your attorney whether journal entries may be admissible and whether a guardian ad litem could be appropriate.
Financial Red Flags: Respondent withdrew $11,200 from the joint savings account without Petitioner's authorization between June and August 2025 — bank statements confirm five transactions. Respondent maintained an undisclosed E*Trade brokerage account funded with marital income (opened January 2022, current balance ~$31,200). Your attorney can evaluate the legal significance of these items under Florida equitable distribution law. Discuss with your attorney whether requesting full financial disclosure via mandatory disclosure forms (Rule 12.285) is appropriate for your situation.
Topics to Discuss with Your Attorney: (1) Ask your attorney about temporary relief options. (2) Discuss financial disclosure strategies with counsel, including subpoenas for brokerage records. (3) Discuss time-sharing arrangements with your attorney. (4) Your attorney can advise whether retaining a real estate appraiser for the Coral Gables property is appropriate. (5) Consider discussing QDROs (Qualified Domestic Relations Orders) with your attorney if retirement accounts are involved.
The following is sample content for illustration. A licensed attorney must analyze your specific situation.
Organized by priority. Bring everything marked Critical to your first meeting. Required items should follow within the first week.
- Government-issued photo ID (driver's license or passport)Critical
- Social Security card (yours and children's)Critical
- Original or certified copy of marriage certificateCritical
- Birth certificates for both childrenCritical
- Proof of Florida residency (utility bill, lease, or voter registration)Required
- Last 3 years of joint and individual tax returns (2023, 2024, 2025)Critical
- Last 3 months of paystubs (yours and any known for John)Critical
- Bank statements — all accounts, last 12 months (Chase #4412 & #4413)Critical
- Most recent 401(k) statements (both yours and John's, if accessible)Required
- E*Trade brokerage statement (John's undisclosed account — request via discovery)Required
- Credit card statements — Chase Visa joint account (last 6 months)Required
- Mortgage statement — current balance and payment historyRequired
- Property deed — 412 Alhambra Circle, Coral GablesRequired
- Both auto loan statements (CR-V and F-150)Required
- Student loan statement (Navient — pre-marital)Helpful
- School enrollment records listing Jane as primary contactCritical
- Pediatrician records — last 2 years (showing Jane as contact on file)Required
- Documentation of extracurricular activities (soccer, tutoring receipts)Required
- Children's health insurance cards / explanation of benefitsRequired
- Screenshot of August 29, 2025 text message exchange re: custodyCritical
- Personal journal entries (especially April 14, 2025 incident documentation)Required
- Bank records documenting the $11,200 joint savings withdrawal (Jun–Aug 2025)Critical
- Monthly expense log with receipts for current household costsRequired
- Any prior written agreements, text messages, or emails re: separation termsHelpful
The following is sample content for illustration. A licensed attorney must analyze your specific situation.
These are the Florida Supreme Court-approved forms required for a contested dissolution with children. Your attorney will prepare these; this list helps you understand the process and gather required information in advance.
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