Florida Divorce Attorney

Florida Divorce Attorney

Divorce is one of the most significant legal and personal decisions you’ll ever navigate. Whether you’re filing or responding to a filing, the outcome affects your finances, your children, and your future. Having the right attorney in your corner from day one isn’t just helpful. It changes everything.

At Fairway Law Group, your attorney is your direct point of contact from the moment you retain us. We move fast, communicate clearly, and stay focused on the resolution that matters most to you. A fair result at a fair cost.

What is a Divorce in Florida?

At its simplest, a divorce (also known as a dissolution of marriage) is a legal action taken to terminate a marriage. It typically involves dividing marital assets, determining whether spousal support is appropriate, and if children are involved, establishing custody and support arrangements. The complexity of your case depends on your specific circumstances.

Uncontested divorces, where both parties agree on the major issues, tend to move through the court system faster and at lower cost. When there are children, significant assets, or disagreements between spouses, the process becomes more involved. The sooner you have an attorney reviewing your situation, the better positioned you’ll be.

What are the Basic Parts of a Florida Divorce?

1. Grounds for Divorce: Florida is a no-fault divorce state. This means either spouse can file without proving wrongdoing, the only requirement is that the marriage is irretrievably broken.
2. Residency Requirement: At least one spouse must have lived in Florida for six months before filing.
3. Property Division: Florida follows equitable distribution, meaning marital property is divided fairly but not necessarily equally.
4. Spousal Support/Alimony: Alimony isn’t guaranteed. The court considers the length of the marriage, each spouse’s financial circumstances, and their contributions to the marriage, among other factors. Florida recently updated its alimony laws to increase fairness.
5. Child Custody and Support: Florida courts make decisions based on the best interests of the child, encouraging shared parental responsibility and frequent contact with both parents.
6. The Process: One spouse files a Petition for Dissolution of Marriage. If both parties agree on all terms, it can move quickly. If not, the process may involve negotiations, mediation, or trial.

What are the first steps to take if I want a divorce in Florida?

1. Get A New Email Address: If there’s any chance your spouse has access to your current email, set up a new one before reaching out to an attorney. Any communications between you and your attorney need to stay private.
2. Start Gathering Financial Information:Collect and organize your bank statements, credit card statements, tax returns, retirement accounts, mortgage documents, and anything else showing income, assets, or debt. This is a requirement in Florida divorce cases and the earlier you start, the better.
3. Consider Your Living Situation: Decide whether staying in the marital home makes sense for you and your children. There’s no right answer, but it’s worth thinking through early.
4. Think about Custody Preferences: If you have children, start considering what arrangement would genuinely serve their best interests. The earlier you think this through, the more prepared you’ll be.
5. Inventory Personal Property: Make a list of valuables — jewelry, vehicles, furniture, artwork, and anything else of significance. This matters when it comes to property division.
6. Establish Individual Credit: If you don’t have credit in your own name, consider opening a credit card or loan. Financial independence starts here.
7. Seek Emotional Support: Divorce is hard. A therapist, counselor, or support group can make a real difference in how you navigate the process.

Will I lose custody of my kids if I file for divorce in Florida?

No. Filing for divorce doesn’t affect your custody rights. Florida courts start from the position that it’s in a child’s best interests to have a meaningful relationship with both parents. That means the court begins with a 50/50 time-sharing presumption and adjusts based on the specific circumstances of your family.

Before the court gets involved, parents have the opportunity to work out a time-sharing arrangement on their own. Many families find this works better than leaving it to a judge. Your attorney can help you negotiate an arrangement that works for your family and meets the court’s requirements.

Are You Prepared for the Discovery Process of a Florida Divorce?

Discovery is the part of the divorce process where both sides exchange information. It can feel intrusive, but it’s a standard part of litigation and understanding what to expect makes it much easier to navigate.

What’s Protected 

Communications with your attorney are privileged and don’t have to be disclosed. The same goes for conversations with a sexual assault or domestic violence counselor or a religious counselor.

What Isn’t Protected 

Almost everything else. Text messages, emails, and conversations with friends or family about the case are all fair game. Don’t discuss your case with anyone other than your attorney, and never put anything in writing.

Protective Orders 

If your spouse is using discovery to harass you or drive up your costs, your attorney can ask the court for a protective order. Courts will intervene when there’s a clear pattern of abuse, but the bar is high.

Subpoenas 

When records need to come from third parties like banks or employers, your attorney can subpoena them. A subpoena requires the third party to produce documents under oath, making them admissible as evidence in court.

Expert Witnesses 

Some cases require expert testimony — a business valuator, a real estate appraiser, a forensic accountant. When that’s necessary, your attorney will bring in the right expert. It adds cost, but it can make the difference between a fair result and an unfair one.

Medical and Psychological Evaluations 

In some cases involving paternity or serious custody disputes, the court may order a medical or psychological evaluation. Your attorney will prepare you for what that process looks like if it becomes relevant to your case.

What Happens if You Don’t Comply 

Incomplete responses can result in court orders, sanctions, attorney fee awards, or in serious cases, losing your case entirely.

Who Gets the Home in a Florida Divorce?

The marital home is often the most significant asset in a divorce. If you bought the home during the marriage, both spouses own it equally regardless of who made the down payment, whose name is on the deed, or who pays the mortgage.

During the Divorce 

It’s worth establishing early who stays in the home and who covers the mortgage. If you’re the spouse who leaves but keeps paying, your attorney should request a credit or set-off in your initial petition so those payments are accounted for at the end of the case.

Exclusive Use and Possession 

If there’s a dispute about who stays, either spouse can file a motion for temporary exclusive use. Courts won’t remove a spouse without a clear showing of risk to either party or the children, and many judges will require mediation first.

At the End of the Case 

The home will either be sold and the proceeds divided, or one spouse will buy out the other through refinancing. Other marital assets can sometimes offset the buyout instead of pulling equity from the home. Any agreement should address repairs, realtor selection, listing price, and refinancing timeline.

Should I Hire an Attorney to Help Me With a Divorce in Florida?

Yes. Regardless of how simple or complex your situation is, having an attorney in your corner protects your rights and keeps the process moving in the right direction. Here’s what that looks like:

• Legal advice. Your attorney explains your rights under Florida law and helps you make informed decisions at every step.
  
• Filing and paperwork. Everything completed correctly and filed on time.
  
• Negotiation and mediation. Your interests are represented during every discussion about property, support, and custody.
  
• Court representation. If negotiations break down, your attorney is prepared to take your case to trial.
  
• Enforcement. Once an order is in place, your attorney can help you enforce it if your ex doesn’t comply.

At Fairway Law Group, we move fast, communicate directly, and stay focused on what matters most to you. Schedule your free case evaluation today.