Best Family Lawyers in Florida

1. About Family Law in Florida, United States

Family law in Florida governs relationships within families, including marriage, divorce, child custody and support, alimony, paternity, adoption, and domestic violence protections.

The rules come from a mix of statutes enacted by the Florida Legislature and procedural rules issued by the Florida Judicial Branch. In family disputes, Florida follows an equitable distribution approach to marital property rather than a fixed 50-50 split. The law also emphasizes the best interests of the child when making parenting decisions.

Florida residents should understand that family court outcomes depend on the facts of each case, the actions of both parties, and the applicable statutes and rules in effect at the time. Regular updates to statutes and rules mean it is important to consult a lawyer who can interpret current law for your situation. For quick reference, you can review statutory framework and court rules on official government and court sites listed in the Local Laws Overview section below.

Florida uses an equitable distribution framework for marital assets in divorce cases.

Judges determine parenting plans and timesharing based on the best interests of the child.

2. Why You May Need a Lawyer

Divorce with complex assets requires skilled assessment of property and debts to reach a fair distribution. A Florida attorney helps identify marital versus separate property, value businesses, and negotiate a settlement that protects both sides’ interests. Without counsel, important assets or rights can be missed or misvalued.

Relocation and timesharing disputes are common when a parent plans to move out of Florida with a child. An attorney helps file petitions, gather evidence, and present a plan that aligns with the child’s best interests while protecting your parental rights. Courts may restrict relocation without clear justification or a compelling reason.

Paternity and child support matters often arise when parents are not married. A lawyer can establish or challenge paternity, set up a support order, and guide enforcement if payments stop. This area involves careful use of statutes and court procedures to protect the child’s financial needs.

Domestic violence protective orders require prompt legal action and precise factual presentation. An attorney can help you obtain emergency relief, prepare supporting documents, and navigate lengthy court processes to ensure safety and due process. These matters move quickly and demand experienced representation.

Enforcing or modifying child support across state lines requires understanding the Uniform Interstate Family Support Act (UIFSA) and related Florida procedures. An attorney can help you coordinate with the other state and the state’s child support enforcement agency to ensure compliance. You should not try to handle cross-state enforcement alone.

Adoption or termination of parental rights involves detailed legal steps, background checks, and court approvals. A lawyer helps prepare the necessary documents, ensures compliance with Florida law, and represents you in hearings. These proceedings can be lengthy and procedure-heavy, making skilled guidance essential.

3. Local Laws Overview

• Florida Statutes Title VI - Domestic Relations, including Dissolution of Marriage, Timesharing, and Child Support. This body of law governs how marriages end, how parenting is structured after separation, and how child support is calculated. See official statute pages for current text and changes.
• Florida Statutes Chapter 39 - Juvenile Proceedings, Termination of Parental Rights, and Adoptions. This chapter covers child protection, dependency actions, and adoption processes. It provides the framework for how the state handles cases involving children and parental rights.
• Florida Rules of Family Law Procedure and related Court Rules. These rules govern how family cases proceed in Florida courts, including filing, discovery, motions, and hearings. They supplement statutory provisions with procedural requirements.

Official sources for these laws and rules include:

Florida Statutes Title VI - Chapter 61

Florida Statutes Chapter 39

Florida Rules and Court Rules

Florida Administrative Code and Rules resources

Official resources cover both statutes and procedural rules for family matters in Florida.

4. Frequently Asked Questions

What is the first step to file for divorce in Florida?

File a Petition for Dissolution of Marriage with the circuit court in the county where you reside. You must meet residency requirements and pay filing fees. The court will set a date for hearings and temporary relief if requested.

How is child custody determined under Florida law?

Florida uses a time-sharing plan and a best interests standard. The court considers parents’ ability to provide stability, safety, and cooperation in raising the child.

When can child support be modified in Florida?

A modification is possible if there is a substantial change in circumstances, such as income loss or a change in the child’s needs. A petition for modification must be filed and the court will review current guidelines.

Where can I find official Florida family court forms?

Official forms are available on the Florida Courts website and your local circuit court’s site. Forms vary by county and case type, and staff can assist with the right filings.

Why is mediation commonly used in Florida family cases?

Mediation is often encouraged or ordered to resolve disputes without a trial. It can save time and money, and helps parents reach durable parenting plans and settlements.

Can I relocate with my child after a Florida divorce?

Relocation out of state typically requires court approval or consent from the other parent. A relocation petition shows the move will be in the child’s best interests and addresses visitation arrangements.

Should I hire a Florida family law attorney for a paternity case?

Yes. Paternity and child support issues involve precise procedures and potential enforcement action. An attorney can help establish or challenge paternity and protect your rights.

Do I need to prove fault for a Florida divorce?

No. Florida is a no-fault state; irretrievable breakdown of the marriage is sufficient for dissolution. Fault-related facts generally do not determine the divorce outcome.

Is alimony available in Florida and how is it determined?

Alimony exists in several forms, including bridge-the-gap, rehabilitative, durational, and permanent in limited circumstances. The court weighs needs, incomes, and standard of living, among other factors.

What are the typical costs of hiring a Florida family lawyer?

Costs vary by case complexity and attorney experience. Expect hourly rates and a potential retainer; some matters may require specialists or consultants for asset valuations or forensic accounting.

How long does a typical uncontested divorce take in Florida?

Uncontested divorces with all issues agreed can take several weeks to a few months after filing. Contested cases commonly run longer, often six to twelve months or more depending on court schedules.

What is the process to enforce a child support order in Florida?

Enforcement begins with filing a motion for enforcement in the court that issued the order. Remedies can include wage withholding, licenses suspension, or contempt, and federal UIFSA processes may apply for cross-state cases.

5. Additional Resources

• Florida Courts - Official source for court forms, rules, and court locations. Useful for accessing case information and procedural guidance. flcourts.org
• The Florida Bar - Professional regulatory body for lawyers in Florida; provides lawyer search, ethics resources, and referrals. floridabar.org
• Administration for Children and Families - Federal government resource with information on child support and family services. acf.hhs.gov

6. Next Steps

1. Clarify your goals and gather key documents (marriage certificates, income, asset records, parenting plans) within 1-2 weeks.
2. Research Florida family law attorneys who practice in your county and focus on your issues (divorce, custody, or adoption) within 1-3 weeks.
3. Schedule initial consultations with 2-3 lawyers to compare approaches, costs, and communication style within 2-4 weeks.
4. Prepare questions for consultations about fees, timelines, and the attorney's strategy for your case; request a written fee agreement.
5. Decide on a lawyer and sign a retainer agreement; discuss a realistic case plan and milestones within 1-2 weeks after consultations.
6. File the initial documents with the court and begin discovery or mediation as advised by your attorney; monitor progress monthly.
7. Review and adjust your plan as the case moves forward, including potential settlement negotiations or court hearings.