Fort Lauderdale Divorce Attorney | Experienced Family Law Representation in Broward County

Divorce is one of the most significant legal and personal decisions a person can face. Whether you are considering filing for divorce, have already been served with a petition, or need guidance on custody, support, or property division, having an attorney who understands the local rules and procedures in Broward County can make a meaningful difference in the outcome of your case.

Fort Lauderdale is the county seat of Broward County and home to the Broward County Courthouse, where all family law matters in the county are heard. The family law judges in Broward County operate under specific local rules and administrative orders that affect how divorce and paternity cases proceed from the moment a petition is filed. Understanding these local requirements is essential to protecting your rights and achieving the best possible result.

Filing for Divorce in Fort Lauderdale 

Florida is a no-fault divorce state, which means that neither spouse is required to prove wrongdoing by the other in order to obtain a dissolution of marriage. The only ground required is that the marriage is irretrievably broken. To file for divorce in Broward County, at least one spouse must have been a resident of the State of Florida for a minimum of six months prior to filing the petition.

Divorce petitions in Broward County are filed with the Clerk of Courts at the Broward County Courthouse in Fort Lauderdale. Once the petition is filed and the other party is served, the case is assigned to a family law judge within the Unified Family Division. From that point forward, both parties are subject to the court’s local rules, administrative orders, and any standing orders that the court has adopted.

Broward County’s Status Quo Temporary Order 

One of the most important local rules that anyone going through a divorce or paternity action in Broward County needs to understand is the Status Quo Temporary Domestic Relations Order. This standing order was adopted by the Broward County family law judges under Administrative Order 2017-77-UFC and applies automatically to every dissolution of marriage and paternity case filed in the county.

The Status Quo Order takes effect immediately upon the filing of the petition as to the person who files (the Petitioner) and becomes binding on the other party (the Respondent) upon service of the summons and petition, or upon waiver and acceptance of service. The order remains in effect for the entire duration of the case unless it is modified, terminated, or vacated by the presiding judge.

The purpose of the Status Quo Order is to preserve stability and protect the interests of both parties and any children involved while the case is pending. It addresses several critical areas:

No Relocation of Children

Unless there is a prior court order, domestic violence injunction, or written agreement signed by both parties, neither parent may permanently remove or allow the removal of any minor child of the parties to a location more than fifty miles from the principal residence of a parent. This restriction does not prohibit temporary travel within the State of Florida. Neither party may apply for or use any passport or passport services on behalf of a child without a court order from the presiding judge.

Child Support

If the parties have minor children and choose to live apart while the action is pending, the parent with whom the children are not residing a majority of the time is expected to make voluntary child support payments to the other parent, prior to the entry of a formal support order. Child support in Florida is calculated using the Uniform Child Support Guidelines under Section 61.30 of the Florida Statutes. Because child support can be ordered retroactively to the date of filing, it is important to keep proof of all payments made, including obtaining signed receipts for any cash payments.

Shared Parenting Guidelines

The Broward County Status Quo Order establishes detailed shared parenting guidelines that both parents must follow. These guidelines emphasize shared parental responsibility, meaning that major decisions affecting the welfare of the children—including education, religion, medical care, and general upbringing—must be made jointly by both parents. Additional guidelines require each parent to foster the child’s relationship with the other parent, refrain from making disparaging remarks, communicate directly with the children rather than using them as messengers, provide access to medical, dental, and school records, and keep the other parent informed of the children’s whereabouts at all times.

Mandatory Parenting Course

Under both the Status Quo Order and Florida Statute Section 61.21, all parties to a dissolution of marriage or paternity proceeding involving minor children are required to complete a four-hour Parent Education and Family Stabilization Course. In dissolution cases, the Petitioner must complete the course within forty-five days of filing the petition, and all other parties must complete it within forty-five days after service. A certificate of completion must be filed with the Broward County Clerk of Courts before the court will enter a final judgment. Failure to complete the course can result in sanctions, including a stay of proceedings.

Mandatory Mediation

The Broward County Status Quo Order requires that both parties attend mediation prior to any final hearing, unless there is a prior court order or domestic violence injunction that makes mediation inappropriate, or both parties have signed an agreement waiving the requirement. The parties may use the in-house mediation services provided by the Broward County court system or retain a private mediator. Mediation is a valuable tool for resolving disputes regarding custody, timesharing, support, and property division without the expense and uncertainty of a trial.

Conduct of the Parties

Both parties are ordered to refrain from physical, verbal, or any other form of harassment of the other, whether in person, by telephone, email, text message, or at either party’s residence or workplace. This provision is taken seriously by Broward County family law judges, and violations can result in sanctions or contempt proceedings.

Protection of Marital Assets

The Status Quo Order contains strong protections designed to preserve the marital estate during the pendency of a divorce. Neither party may conceal, damage, or dispose of any asset, whether jointly or separately owned, nor may either party dissipate the value of any asset. Utilities may not be canceled. Both parties may continue to spend their income in the ordinary course of business, personal, and family affairs, but the use of funds or income after separation must be accounted for and justified. Cash, bank accounts, and other highly liquid assets may be used for the necessities of life, reasonable expenses, and the payment of marital debts and attorney’s fees. Both parties are accountable for all money and property in their possession after separation and during the divorce proceedings. Any party who violates these provisions may be required to render an accounting and face sanctions for wasting marital assets.

Personal and Business Records

Neither party may directly or indirectly conceal from the other or destroy any family records, business records, or any records relating to income, debt, or other obligations. Full financial transparency is a requirement under the Broward County Status Quo Order, and the failure to comply can result in serious consequences.

Insurance Policies

All insurance policies in effect at the time the petition is filed—including medical, hospital, dental, and life insurance—must be maintained in full force and effect without any changes. Neither party may terminate, modify, or allow any policy to lapse, and neither party may change the beneficiaries of any existing life insurance policy, unless both parties agree in writing or the court orders otherwise.

Additional Debt

Neither party in a Broward County divorce may incur unreasonable debts or additional personal debt that would bind the other spouse. This includes further borrowing against any credit line secured by the family residence, further encumbering any assets, or unreasonably using credit or bank cards or cash advances. The parties are strongly urged to temporarily refrain from using joint credit cards except for absolute necessities and only as a last resort.

Sanctions and Enforcement

The Broward County family law judges take compliance with the Status Quo Order seriously. The presiding judge will sanction any party who fails, without good cause, to comply with the rules pertaining to financial disclosure, or who fails to answer interrogatories, attend depositions, or participate in required hearings and conferences. Failure to comply with any term of the Status Quo Order may result in appropriate sanctions as permitted by Florida law.

Family Law Services in Polk County 

While divorce is the most common type of family law case, the family courts in Broward County handle a wide range of related matters. An experienced Fort Lauderdale family law attorney can provide guidance and representation across all of these areas.

Equitable Distribution of Assets and Debts

Florida is an equitable distribution state, which means that marital assets and liabilities are divided fairly—though not necessarily equally—between the spouses. Marital assets include everything acquired during the marriage by either spouse, with certain exceptions for assets that are considered non-marital, such as inheritances or gifts received by one spouse individually. Broward County divorce cases involving significant assets, business interests, or complex financial holdings require careful valuation and strategic negotiation to ensure a fair outcome.

Alimony

Florida law provides for several types of alimony, and the appropriate form of support depends on the length of the marriage, each party’s financial circumstances, and other factors established by statute. A Fort Lauderdale divorce attorney can evaluate your situation and advise you on whether you may be entitled to receive alimony or may be required to pay it, and what amount and duration may be appropriate given the facts of your case.

Child Custody and Timesharing

Florida law uses the term “timesharing” rather than “custody” to describe the schedule by which each parent spends time with the children. The court’s primary consideration in establishing a timesharing schedule is always the best interests of the child. Broward County judges consider a range of factors when making timesharing determinations, including each parent’s ability to foster the child’s relationship with the other parent, the stability of each home environment, and the preferences of the child if the child is of sufficient age and maturity.

Paternity Actions

Paternity cases in Broward County are subject to many of the same rules and procedures that apply to divorce cases, including the Status Quo Order discussed above. Establishing paternity is a critical step for unmarried parents who need to formalize parental rights, timesharing arrangements, and child support obligations. A Fort Lauderdale family law attorney can assist with the filing or defense of a paternity action and help ensure that the rights of both the parent and the child are protected.

Modifications and Enforcement

After a final judgment has been entered in a Broward County family law case, circumstances may change in ways that require a modification of the original terms. Whether the issue involves a change in timesharing, child support, or alimony, the party seeking a modification must demonstrate a substantial, material, and unanticipated change in circumstances. Likewise, if the other party is not complying with the terms of a final judgment or court order, enforcement proceedings may be necessary. Broward County family law judges have broad authority to enforce their orders and to hold non-compliant parties in contempt of court.

Prenuptial and Postnuptial Agreements

A well-drafted prenuptial or postnuptial agreement can provide clarity and protection for both parties in the event of a future divorce. Florida law recognizes and enforces these agreements, provided they meet certain requirements regarding disclosure, voluntariness, and fairness. A Fort Lauderdale family law attorney can draft, review, or challenge a prenuptial or postnuptial agreement to ensure that your interests are fully protected.

Domestic Violence Injunctions

In cases involving domestic violence, the Broward County courts can issue temporary and permanent injunctions for protection. These injunctions can affect timesharing, possession of the marital home, and other aspects of a family law case. If you are the victim of domestic violence, or if you have been served with an injunction petition, it is important to obtain experienced legal representation promptly.

Why Choosing a Local Fort Lauderdale Attorney Matters 

Family law cases in Broward County are governed not only by the Florida Statutes and the Florida Family Law Rules of Procedure, but also by local administrative orders and division procedures that are specific to the Broward County Courthouse. The Status Quo Order discussed on this page is just one example of a local rule that can significantly impact the way a case is handled from the very beginning. An attorney who regularly practices in the Broward County family courts will be familiar with these local requirements, the preferences and expectations of the individual judges, and the procedures for scheduling hearings, mediations, and trial dates.

Fort Lauderdale and the surrounding communities within Broward County—including Plantation, Weston, Coral Springs, Pembroke Pines, Davie, Hollywood, and Sunrise—are all served by the same courthouse and the same family law judges. Whether you live in Fort Lauderdale itself or anywhere else in Broward County, your divorce or family law matter will be heard at the Broward County Courthouse, and the same local rules will apply.

Why Fairway Law Group 

If you are facing a divorce or any other family law issue in Broward County, the most important step you can take is to consult with an experienced Fort Lauderdale family law attorney who can explain your rights, help you understand the local rules and procedures—including the Status Quo Order that will govern your case—and develop a strategy tailored to your specific circumstances. Early legal guidance can help you avoid costly mistakes and put you in the strongest possible position as your case moves forward.

Contact our office today to schedule a consultation and learn how we can help you navigate the family law process in Broward County.