Resources
Frequently Asked Questions
Find answers to common questions about Florida family law matters. For questions specific to your situation, schedule a free consultation.
General Questions
How much does a consultation cost?
We offer a free initial consultation to discuss your case and understand your needs. There is no obligation, and everything discussed is completely confidential under attorney-client privilege.
Do I need an attorney for my family law case?
While not legally required, having an experienced family law attorney can significantly impact your case outcome. Divorce and custody matters involve complex legal procedures, statutory requirements, and important rights regarding your children, property, and financial future. An attorney helps protect your interests and ensures all legal requirements are properly met.
What should I bring to my consultation?
To make the most of your consultation, bring any relevant documents such as: marriage certificate, existing court orders, financial statements (income, assets, debts), tax returns, property deeds, prenuptial agreements, and a list of questions or concerns. The more information you provide, the better we can assess your situation and advise on your options.
How are attorney fees structured?
Family law cases are typically handled on an hourly basis with a retainer fee. During your free consultation, we will discuss the specific fee structure based on your case type and complexity. We believe in transparent billing and will keep you informed of all costs throughout your case.
Divorce Questions
What are the requirements for filing for divorce in Florida?
Under Florida Statute § 61.021, at least one spouse must have been a resident of Florida for a minimum of six months immediately before filing. Florida is a "no-fault" divorce state, meaning neither spouse must prove wrongdoing—you only need to establish that the marriage is "irretrievably broken."
How long does a divorce take in Florida?
Timeline varies by case type. Florida requires a minimum 20-day waiting period after filing. An uncontested divorce typically takes 4-6 weeks to 3 months. Contested divorces involving disputes over assets, custody, or support may take 6 months to over a year depending on complexity and court schedules.
What is the difference between contested and uncontested divorce?
An uncontested divorce is when both spouses agree on all major issues including property division, child custody, child support, and alimony. A contested divorce occurs when spouses cannot agree on one or more issues and require court intervention to resolve disputes. Uncontested divorces are generally faster and less expensive.
How is property divided in a Florida divorce?
Florida follows equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contribution to the marriage, economic circumstances, duration of the marriage, and any interruption of careers or education. Separate property (owned before marriage or received as gifts/inheritance) generally remains with the original owner.
Child Custody Questions
How is child custody determined in Florida?
Florida courts determine custody (called "time-sharing") based on the "best interests of the child" standard under Florida Statute § 61.13. The court considers over 20 factors including each parent's ability to provide care, willingness to foster the child's relationship with the other parent, stability of the home environment, and the child's preference if they are mature enough. Florida law creates a rebuttable presumption that equal time-sharing is in the child's best interest.
What is the difference between legal custody and physical custody?
Legal custody (parental responsibility) refers to the right to make major decisions about your child's life, including education, healthcare, and religious upbringing. Physical custody (time-sharing) determines where the child lives and how time is divided between parents. Florida courts can award shared or sole responsibility for each type.
Can a child choose which parent to live with?
Florida law does not set a specific age at which a child can choose. However, under Florida Statute § 61.13, courts may consider the reasonable preference of the child if the court deems the child to be of sufficient intelligence, understanding, and experience. The child's preference is one of many factors and is not determinative.
Can I relocate with my child after divorce?
Florida Statute § 61.13001 governs parental relocation. If you wish to move more than 50 miles from your current residence for more than 60 consecutive days, you must either obtain written agreement from the other parent or petition the court. The relocating parent has the burden of proving the move is in the child's best interest.
Child Support & Alimony Questions
How is child support calculated in Florida?
Child support is calculated using Florida's Child Support Guidelines under Florida Statute § 61.30. The formula considers both parents' net monthly incomes, the number of children, healthcare costs, childcare expenses, and the time-sharing arrangement. If a parent has fewer than 73 overnights per year (less than 20%), the basic guideline amount applies. With more overnights, the amount is adjusted to account for shared expenses.
Can child support be modified?
Yes. Under Florida law, child support can be modified when there is a substantial change in circumstances. This may include significant changes in either parent's income, changes in the child's needs, changes in the time-sharing arrangement, or changes in childcare or healthcare costs. The change must be material, permanent, and not anticipated at the time of the original order.
What types of alimony are available in Florida?
Following the 2023 alimony reform (SB 1416), Florida recognizes four types of alimony: Temporary (during divorce proceedings), Bridge-the-Gap (up to 2 years for transitional needs), Rehabilitative (up to 5 years for education or job training), and Durational (length depends on marriage duration). Permanent alimony has been eliminated except in exceptional circumstances such as disability.
How is alimony determined?
Courts consider multiple factors including the length of the marriage, each spouse's financial resources, earning capacity, contributions to the marriage (including homemaking and childcare), age and health of each spouse, and the standard of living established during the marriage. The requesting spouse must demonstrate both need and the other spouse's ability to pay.
Still Have Questions?
Every family law situation is unique. Schedule a free consultation to discuss your specific circumstances with an experienced attorney.