Best Divorce & Separation Lawyers in Florida

About Divorce & Separation Law in Florida, United States

Florida follows a no-fault approach to dissolution of marriage. A marriage can be dissolved when it is deemed irretrievably broken, without proving fault such as adultery or abandonment. This framework focuses on equitable distribution of assets, alimony if warranted, and decisions about parenting and support where children are involved.

To file for divorce in Florida, at least one spouse must have been a resident of the state for a required period, and the court must have jurisdiction over the parties and any children involved. Florida courts handle custody, support, alimony, and property division through statutory rules and court procedures. The intent is to resolve disputes fairly while protecting the best interests of children when present.

In Florida, there is no formal requirement to obtain a separate legal separation decree before divorcing. Couples may live apart while a divorce is pending, but the dissolution itself ends the marriage. The process can involve temporary relief, such as alimony, child support, or use of the marital home, while the case proceeds in court or through negotiated agreements.

Key terms you may encounter include time-sharing (the court's custody schedule), equitable distribution (property division), and the four main alimony categories recognized in Florida: bridge-the-gap, rehabilitative, durational, and permanent in limited circumstances. Understanding these concepts helps you communicate clearly with counsel and the court.

Practical steps often begin with gathering financial documents, identifying goals for custody and support, and deciding whether to pursue mediation or litigation. Florida courts encourage settlement and, in many counties, require mediation for certain family law disputes before trial. Always verify the current rules and deadlines with your local clerk of courts or a licensed attorney.

Citation: Florida statutes and court resources describe dissolution of marriage, time-sharing, and child support guidelines used in Florida family law. See Florida Statutes Chapter 61 and Florida Courts family law materials for details.

Source: Florida Statutes Chapter 61 - Dissolution of Marriage and Florida Courts Family Law resources

Why You May Need a Lawyer

Divorce and separation matters in Florida often involve complex financial assets and legal rights. A lawyer helps ensure your interests are protected and that you understand the long term consequences of decisions made during the process.

• High net worth or complex assets - You own a business, stock options, a large retirement portfolio, or multiple real properties. A lawyer can map out equitable distribution and ensure proper valuations and tax considerations.
• Child custody and time-sharing disputes - If you anticipate relocation, deep parental conflict, or non cooperation from the other parent, counsel can help craft a robust parenting plan and pursue or defend necessary orders.
• Domestic violence or protective orders - If there are safety concerns, a lawyer can file or respond to protective orders and advise on safety and temporary relief measures.
• Military service or relocation issues - Military families face unique rules about deployment, relocation, and benefits; a lawyer can ensure compliance with federal and state laws and protect custody and support rights.
• Contested proceedings and litigation risk - If the case is expected to go to trial, experienced counsel can develop strategy, manage discovery, and present evidence effectively.
• Modifications after a judgment - Post-divorce changes to custody, support, or alimony require legal action if circumstances change; an attorney can guide you through modification procedures.

In Florida, even when couples plan amicably, consulting a family law attorney early helps avoid inadvertent mistakes and ensures documents are accurate and enforceable. A lawyer can also explain potential tax and retirement implications of settlement terms.

Citation: Statutory framework covers custody, support, and alimony; a lawyer helps navigate these issues in practice. See Florida Statutes and Florida Courts resources for details.

Source: Florida Statutes Chapter 61 and Florida Courts - Family Law practices

Local Laws Overview

Florida's divorce framework rests on several identified statutes that shape how cases proceed. The core structure is designed to be no fault, with decisions guided by equitable principles and child welfare considerations. Understanding the named statutes helps you know what the court will evaluate and what you may negotiate.

• Florida Statutes Chapter 61 - Dissolution of Marriage establishes the general framework for filing, judicial procedures, and court orders in divorce cases. It governs residency, procedural steps, and substantive rights such as property division and spousal support. Effective dates vary by statute and amendment; consult the current edition.
• Section 61.13 Time-Sharing covers child custody arrangements and scheduling for children of divorced or separated parents. It includes the presumption of shared parental responsibility unless there is a reason to limit it and emphasizes the child's best interests. Check the current statute for exact definitions and procedures.
• Section 61.30 Child Support Guidelines provides the mathematical framework used to calculate child support obligations, including income shares, child care, health insurance costs, and other factors. Rules are periodically updated to reflect economic changes.

Source: Florida Statutes - Section 61.13 (Time-Sharing) and Section 61.30 (Child Support Guidelines)

In addition to statutes, Florida courts and rules influence your case, including mediation and the handling of temporary relief. The court system generally encourages settlement, but it also supports timely relief when needed by either party or children.

Frequently Asked Questions

What is the basic basis for divorce in Florida?

Florida uses a no fault system based on irretrievable breakdown of the marriage. A spouse does not need to prove fault to obtain a dissolution of marriage. A judge will grant the divorce after confirming a lawful basis and resolving issues like property, parenting, and support.

How do I file for divorce in Florida, and where?

One spouse files a Petition for Dissolution of Marriage in the circuit court in the county where either spouse resides. You will serve the other party, exchange financial disclosures, and pursue agreements or a court hearing for unresolved issues.

Do I need to be a Florida resident to file for divorce?

Yes. Florida requires at least one spouse to be a resident for a specified period before filing. The state generally uses six months of residency as the threshold for jurisdiction in most cases.

What does time-sharing mean in Florida custody cases?

Time-sharing refers to the schedule for a child living with each parent. The court prioritizes the child's best interests and may award shared parental responsibility unless safety or welfare concerns justify a different arrangement.

How is child support calculated in Florida?

Child support uses the Florida Child Support Guidelines, factoring in each parent income, the number of children, health care costs, and day care or special needs expenses. The calculation aims to share parental responsibility equitably.

What is the difference between separation and divorce in Florida?

Separation is living apart but not legally ending the marriage. Divorce ends the marriage legally and typically resolves all related issues in one final judgment, including asset division and parenting orders.

Can alimony be awarded in Florida, and what types exist?

Yes, alimony may be awarded if warranted by the marriage. Florida recognizes several forms, including bridge-the-gap, rehabilitative, durational, and in limited cases permanent alimony.

How long does a typical Florida divorce take from filing to final judgment?

Duration varies with complexity. Uncontested cases with agreed terms may finalize in a few months, while contested cases with custody or asset disputes can take a year or longer depending on court availability and settlement efforts.

Do I need a lawyer for a Florida divorce?

While some uncontested divorces can be handled with limited legal guidance, many cases benefit from counsel to navigate asset division, child custody, and enforcement issues. An attorney helps protect your rights and ensure paperwork is correct.

What happens if we cannot agree on custody or support?

The matter may proceed to trial where a judge decides custody and support based on evidence and the best interests of the child. Court oversight ensures orders are enforceable and legally binding.

Is mediation mandatory in Florida family law cases?

Mediation is often encouraged or required by the court for certain family law disputes, especially related to parenting plans. Mediation can facilitate settlements without a trial, but you may still proceed to trial if mediation fails.

What should I prepare before hiring a divorce attorney?

Collect essential documents such as financial records, household assets and debts, tax returns, and any prenuptial agreements. Prepare a list of goals for custody, support, and property, and note deadlines for court filings.

Additional Resources

• Florida Courts - Family Law offers guidance on forms, court procedures, and mediation options for divorce and custody matters. Visit
• Florida Statutes - Chapter 61 contains the statutory framework for dissolution of marriage, residency requirements, and related rights. View statute
• The Florida Bar - Family Law Section provides practitioner resources, guidance on legal standards, and practice tips for Florida family law matters. Visit

Next Steps

1. Define your goals and gather documents - List custody wishes, asset and debt information, deadlines, and any protective orders. Gather tax returns, bank statements, retirement accounts, and mortgage documents.
2. Identify local family law attorneys - Focus on Florida practitioners with experience in dissolution of marriage, child custody, and asset division. Look for client reviews, bar conduct histories, and published practice areas.
3. Schedule initial consultations - Meet with at least two attorneys to compare approaches, costs, and communication styles. Prepare questions about strategy, timelines, and fee structures.
4. Discuss costs and fee arrangements - Clarify hourly rates, retainer requirements, and any alternative billing options. Ask about estimates for contingencies like discovery and expert valuations.
5. Assess mediation and alternative options - In Florida, mediation is commonly used to resolve disputes. Explore whether your attorney recommends mediation, collaborative law, or litigation.
6. Decide and engage counsel - After evaluating proposals, select the attorney who best aligns with your goals and explain next steps in writing. Confirm a plan for filing and deadlines in your county.
7. Prepare for court or settlement - Begin drafting a parenting plan, asset division proposals, and temporary relief motions if needed. Ensure all documents are ready for filing and service.