central florida
407-920-3293
SOUTH FLORIDA
954-388-0646
407-920-3293
954-388-0646
Divorce in Sarasota’s affluent Gulf Coast community often involves complex assets, retirement portfolios, real estate holdings, and high-conflict parenting disputes. At Fairway Law Group, we represent clients throughout the 12th Judicial Circuit—including Sarasota County, Manatee County, and DeSoto County—in contested divorces where cooperation has broken down and strategic legal counsel makes the difference between protecting your future and losing what you’ve built.
Our attorneys know the 12th Judicial Circuit’s family law procedures, understand the local standing order that governs every divorce case, and use this knowledge to position clients for the best possible outcome. Whether you’re in Sarasota, Bradenton, Lakewood Ranch, Arcadia, or anywhere else in the tri-county area, we provide aggressive representation focused on contested cases involving substantial assets and contentious custody battles.
The moment you file for divorce in Sarasota, Manatee, or DeSoto County—or the moment you’re served with divorce papers—the 12th Judicial Circuit’s Standing Family Law Court Order becomes binding on you. This comprehensive order, issued under Administrative Order 2013-15A-12, is not optional. It’s not a guideline. It’s a court order with the full force of law.
The Clerk of Court is required to reject any filing that doesn’t include this standing order. It must be served on the Respondent along with the petition. From that moment forward, both parties are bound by its terms until the case concludes or a judge modifies specific provisions.
Most people going through divorce in Sarasota don’t fully understand this order until they’ve violated it. That mistake can result in contempt sanctions, attorney’s fee awards against you, or damage to your credibility that undermines your entire case. Our Sarasota divorce attorneys ensure clients understand their obligations under this standing order from day one—and know how to hold the other party accountable when they violate it.
Florida law favors shared parental responsibility, and the 12th Judicial Circuit’s standing order makes this presumption explicit and powerful. The order states that unless an allegation for sole parental responsibility is made in good faith and supported by material, admissible, and competent evidence, the court will enter a parenting plan authorizing shared parental responsibility.
This is critical for anyone facing divorce with children in Sarasota, Manatee, or DeSoto County: the default is co-parenting, not one parent making all decisions.
When the court orders shared parental responsibility—which happens in nearly all cases—parents must confer with each other and agree on all major parenting decisions. This includes education, healthcare, extracurricular activities, religious training, and discipline. Shared parental responsibility is not the same as timesharing. It’s about decision-making authority.
The standing order explicitly states that both parents have an “affirmative obligation to encourage and nurture a relationship between the children and the children’s other parent.” If you restrict your children’s access to the other parent or don’t encourage that relationship, you’ll be required to show how your actions are in the children’s best interest.
This isn’t just talk. In contested Sarasota custody cases, judges take this obligation seriously. A parent who undermines the other parent’s relationship with the children, withholds timesharing without valid reason, or fails to encourage the bond between children and the other parent will face consequences when the court determines the final parenting plan.
The 12th Circuit’s order contains a provision that catches many parents off guard: even in cases where sole parental responsibility has been requested by verified, sworn pleading, the pleading parent continues to have an affirmative duty to allow some form of contact between the children and the opposing parent until an evidentiary hearing on temporary relief is held.
You cannot secret or relocate the child without a court order permitting it, such as a domestic violence order or dependency court order. This means that filing for sole parental responsibility doesn’t give you the right to immediately cut off the other parent’s contact with the children. The standing order requires continued contact until a judge hears evidence and makes a temporary ruling.
Parents who violate this provision—who hide children, relocate without permission, or completely cut off contact before a hearing—face serious sanctions including having their pleadings struck, contempt findings, and permanent damage to their custody case.
In high-conflict divorce and paternity cases in the 12th Judicial Circuit, courts often require additional information about parents and children to make appropriate decisions for families. This is where mental health professionals and social studies come into play.
The standing order provides that any mental health professional engaged to prepare a social study must be skilled and experienced in shared parenting issues. If a social study is required, the parties must choose one qualified mental health professional who is either court-appointed under Florida Statute §61.20 or agreed upon by stipulation.
Importantly, the mental health professional doing the social study cannot perform any other role—they can’t be your counselor, mediator, or parenting coordinator. This prevents conflicts of interest and ensures the investigation remains neutral and objective.
The court’s order dictates the investigative process and describes factors that should be evaluated to determine the children’s best interests. Upon completion, a written report is submitted to the court that includes each party’s compliance or non-compliance with shared parental responsibility and timesharing.
These social studies can be determinative in contested custody cases. The investigator’s findings about which parent better encourages the relationship with the other parent, which parent provides more stability, and which parenting arrangement serves the children’s best interests often heavily influences the judge’s final decision.
Both parents must attend and complete one of the approved courses under Florida Statute 61.21 within forty-five days after the action is filed. This is mandatory even if the parties have settled their disputes. No exceptions.
The 12th Circuit’s standing order adds an additional requirement: if a parent is requesting a restricted timesharing plan with the other parent, that parent must complete the parenting course before any temporary hearing on the issue. This means if you’re seeking to limit the other parent’s time with the children, you’d better complete that course immediately or risk having your request denied simply for non-compliance.
The order is explicit: if a certificate of completion for both parents is not in the court file, the court may decline to sign a final judgment. This means your entire divorce could be held up—even if you’ve reached agreement on all issues—simply because one party hasn’t completed the parenting class.
The parties should not enroll in the same class unless both agree to do so. This prevents uncomfortable situations and potential conflicts during what should be an educational experience.
The standing order prohibits either party from removing, causing to be removed, or permitting the removal of any minor children from their current county of residence for residential purposes without the notarized written agreement of both parties or a court order.
This is a strict prohibition. You can’t move your children from Sarasota County to Manatee County, or from Bradenton to Tampa, or anywhere else without either getting the other parent’s written, notarized consent or obtaining a court order.
The consequences for violation are severe: the court may sanction the relocating parent, including striking that parent’s pleading for affirmative relief, imposing fines, or finding them in contempt. In practical terms, if you secretly relocate your children during a pending divorce in Sarasota, you could lose the ability to seek custody, timesharing, alimony, or other relief you’re requesting.
The 12th Judicial Circuit’s standing order contains detailed guidelines about how parents should treat children during divorce proceedings. These aren’t mere suggestions—they’re expectations that judges will consider when making custody and timesharing determinations.
Children experience significant losses when parents separate: losing their home, family life, loving parents who care about each other, pets, financial security, familiar schools, friends, and daily routine. The standing order instructs parents to minimize these losses and maximize relationships.
This means encouraging all relationships that existed for children before the separation—parents, grandparents, aunts, uncles, friends. Children should maintain a feeling of family through pleasant, free access to both parents and both extended families. When possible, parents should share responsibilities like doctors’ appointments and transportation, as well as joyous events like holidays, movies, and birthday parties.
Parents must reassure children that they’re not responsible for the separation and avoid blaming the other parent, which forces children to “take sides.” Don’t confide in children or share details of adult relationships. While children may want to protect your feelings, they later feel confused and resentful.
The standing order cites scientific research confirming that children suffer now and later if they frequently see parents in conflict. Raised voices, arguing, hateful remarks, and physical altercations are not suitable for children’s viewing. Don’t discuss adult issues at time of transfers or when children are present.
Children of different ages need and benefit from different parenting arrangements. The standing order expects parents to be flexible and tailor schedules to reflect their child’s developmental needs and individual requirements. As children get older, parents need to be more flexible and work harder at communicating effectively and compromising fairly with both the child and the other parent.
The standing order imposes several practical requirements that govern day-to-day co-parenting:
The 12th Judicial Circuit strongly encourages—and essentially requires—both parents to propose and file temporary timesharing plans with the Clerk of Court at the time of filing their initial pleading for affirmative relief. Parenting plan forms are available on the circuit’s website.
The standing order makes the court’s position clear: it is public policy to discourage litigation over children or their parenting plans because it’s never in the children’s best interest to be caught in the middle of a custody battle.
Here’s how the process should work: The portions of the parenting plans where there is agreement should be adopted as a voluntary schedule between parents and children within the first 45 days of any pleading for affirmative relief. The portions where parents disagree should be set for a hearing for temporary relief as soon as possible.
Parents and their counsel are encouraged to enter into family mediation as soon as possible to discuss and negotiate differences. Except in emergencies, mediation should occur prior to even temporary litigation because litigation itself is divisive.
The standing order states that while neither parent is required to reach an agreement at family mediation, it is the court’s public policy that reaching a resolution at mediation is strongly encouraged as a sign that both parents are mature enough to look past their differences and make a parenting plan that works for and is in the best interest of their children.
Parents are reminded that withholding a child from the other parent is not often found by courts to be in the children’s best interest. Withholding a child without a sworn, verified statement for sole parental responsibility is a violation of the child’s right to continue a loving and continuous bond with both parents. Such actions may be considered by the court at any hearing on the parenting plan and may result in such behavior working against that parent.
The 12th Judicial Circuit’s standing order imposes comprehensive restrictions on how parties can handle assets and finances during divorce proceedings:
While parties may spend their incomes in the ordinary course of personal and family affairs, neither parent should take on new financial obligations beyond household necessities. Both parties are accountable for all money or property in their possession during the marriage and after separation.
Neither party may conceal or destroy any family records, business records, or records of income, debt, or other obligations. This is particularly important in Sarasota’s business community, where many divorces involve professional practices, investment portfolios, or closely-held companies.
Any insurance policies in effect when the petition was filed should not be terminated, allowed to lapse, concealed, modified, borrowed against, pledged, assigned, surrendered, or otherwise encumbered. This includes medical, health, life, disability, and auto insurance. Beneficiaries on all insurance policies should not be changed, and parties should continue paying all premiums on a timely basis.
Each party is immediately responsible for their own future debts whether incurred by credit card, loan, security interest, or mortgage. Neither party should incur additional debt that would bind the other party or encumber marital assets with additional debt.
Joint credit cards should be used only for necessities of life, and any party using a joint credit card after separation must be prepared to justify all charges as reasonable and necessary for life’s necessities.
Attorney’s fees and costs may be assessed as part of any contempt or enforcement action regarding these financial requirements.
The standing order describes mediation as an informal meeting where parties try to resolve the case on their own terms with a trained, neutral mediator. Many judges require mediation before setting a temporary or contested final hearing.
Most divorce cases in Sarasota, Manatee, and DeSoto counties are resolved through this cooperative manner. It’s cheaper, faster, better, and less stressful than litigation. It allows parties to create a resolution that works for both of them rather than have a stranger impose an order they’d be required to follow.
To work, mediation requires both spouses to make concessions and compromises. Often, neither party leaves with everything they wanted, but they have a resolution they can live with and accept.
Before scheduling mediation, both parties must provide to each other and file with the court a completed financial affidavit. Before attending mediation in cases with minor children, both parties should fill out a proposed parenting plan and bring it to the mediation.
The judge will require everyone to be respectful, courteous, and cooperative throughout the case. The court can punish unprofessional and uncooperative behavior. Courts view prolonged or needless litigation as uncooperative behavior and may require an uncooperative party or attorney to pay the other party’s attorney’s fees.
Both parties must file and exchange financial affidavits and mandatory disclosure pursuant to Family Law Rule 12.285. Early compliance is encouraged so parties have an early understanding of the family’s historical financial history, which can assist in reducing excessive litigation expenses.
Good faith stipulations to extensions for disclosure are permissible as long as there’s no emergency motion for injunctive relief containing allegations of financial dissipation or waste pending before the court.
The standing order contains a powerful sanction: any party refusing to comply with Rule 12.285 disclosure shall be barred from presenting affirmative information in a hearing concerning financial relief. In other words, both parties are expected to disclose their financial matters and approach the court for temporary or permanent relief with clean hands in order to be heard on their pleadings for affirmative financial relief.
If you fail to provide mandatory disclosure, you may be unable to present evidence about your income, your assets, or your need for support. This can be catastrophic in a contested divorce.
Sarasota’s divorce landscape reflects the area’s unique character: substantial retirement assets, real estate holdings, investment portfolios, business interests, and families with children in excellent schools they don’t want to leave. Contested divorces here often involve both significant financial complexity and high-conflict custody disputes.
At Fairway Law Group, we focus on contested divorces where stakes are high and cooperation has broken down. We represent clients throughout the 12th Judicial Circuit—from Sarasota and Siesta Key to Bradenton, Lakewood Ranch, Venice, and Arcadia. Our attorneys understand the local family law judges, know the standing order’s requirements, and use this knowledge strategically to protect your assets, your parental rights, and your future.
We handle:
We know the 12th Judicial Circuit’s preference for mediation and cooperative resolution, but we also know when litigation is necessary and unavoidable. We prepare every contested case as if it’s going to trial, which gives us leverage in negotiations and ensures we’re ready if your spouse refuses to be reasonable.
We ensure clients understand their obligations under the standing order from the first consultation. We help you avoid violations that could damage your case. And when the other party violates the order—whether by withholding children, dissipating assets, or failing to provide financial disclosure—we hold them accountable and use those violations strategically.
From our South Florida office, we serve clients throughout the 12th Judicial Circuit. Whether you’re in downtown Sarasota, on Longboat Key, in Bradenton’s business district, in the growing Lakewood Ranch community, or in rural DeSoto County, we provide the aggressive representation and strategic counsel that contested divorces demand.
The 12th Judicial Circuit’s standing order takes effect immediately upon filing or service. Your obligations begin before you may fully understand them. Don’t navigate Sarasota’s divorce process without experienced counsel who knows the local rules, understands the judges, and uses the standing order to your advantage.
Call our South Florida office at (954) 388-0646 to schedule your free and confidential consultation. We’ll review your situation, explain how the 12th Judicial Circuit’s standing order affects your case, and outline your strategic options for protecting your assets, your parental rights, and your future.
Hire us before your spouse does.
Fairway Law Group – South Florida Office
1430 S Federal Hwy, Suite 200
Deerfield Beach, FL 33441
(954) 388-0646
Serving Sarasota, Manatee, and DeSoto Counties in contested divorce and complex family law matters.
Brian and Matthew are amazing attorneys. They handled a sensitive legal matter for me. Call them if you need a lawyer you can trust.
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