central florida
407-920-3293
SOUTH FLORIDA
954-388-0646
407-920-3293
954-388-0646
Divorce is one of the most consequential legal events a person can experience.
Whether you are contemplating filing for divorce, have already been served with
a petition, or need guidance on custody, support, or the division of marital
property, working with an attorney who understands the local rules and
procedures in Polk County is essential to protecting your rights and achieving the
best possible outcome. Lakeland is the largest city in Polk County and a central hub for families
throughout the region.
Divorce and family law cases filed in Polk County are heard at the Polk County Courthouse, where the judges assigned to the Family Division operate under specific local administrative orders that directly affect how contested divorce cases are handled from the moment a petition is filed.
Understanding these local requirements—and how they differ from the rules in
other Florida counties—is one of the most important advantages a local attorney
can offer
Florida is a no-fault divorce state. This 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 Polk 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 Polk County are filed with the Polk County Clerk of Courts. Once the petition is filed and the other party is served, the case is assigned to a family law judge within the Family Division. In contested cases—where the spouses cannot agree on one or more issues such as custody, support, or property division—the Polk County Standing Order for Contested Dissolution of Marriage Actions takes effect immediately and governs how the case will proceed.
One of the most significant local rules that anyone going through a contested divorce in Polk County needs to understand is the Standing Temporary Order for Contested Dissolution of Marriage Actions, adopted under Administrative Order No. 5-51.0. This order was developed by the family law judges assigned to the Family Division in Polk County and applies automatically to all contested dissolution of marriage actions filed in the county.
The Standing Order is binding on the Petitioner upon filing of the contested dissolution of marriage action and on the Respondent upon service of the petition. It is the Petitioner’s responsibility to serve a copy of this order on the Respondent along with a copy of the petition. The order remains in effect until a further order of the court, entry of a final judgment, or dismissal of the case.
The Standing Order was designed to reduce conflict, protect the interests of the parties and their children, and minimize the number of emergency hearings during the early stages of a contested divorce. It addresses several critical areas:
Shared Parenting
The Polk County Standing Order directs that if there are children of the parties, the parents must immediately begin discussing a parenting plan. If the parents cannot agree on any issue, the court will decide. In such cases, the court will order shared parental responsibility unless it makes a specific ruling that shared responsibility would be detrimental to the children. When establishing a parenting plan and timesharing schedule, the court analyzes the factors set forth in Section 61.13(3) of the Florida Statutes.
A parent who seeks to have a majority of the timesharing has an affirmative obligation to encourage and nurture the child’s relationship with the other parent. The Polk County court considers it a significant factor if a parent unreasonably restricts the other parent’s access to the children, viewing such conduct as contrary to the children’s best interests. Neither parent may alienate a child’s affection for the other parent, and both parents are expected to participate in all major parenting decisions.
Both parents are expected to work out their own timesharing schedules, with each party having substantial overnight timesharing on a regular basis. Each parent must protect the child’s ability to be free from prejudicial influences from a parent, relative, or friend that belittles or degrades the other parent. Parents are directed to discuss their differences out of the presence of the children. The children must not be brought to court unless an order allowing it has been signed. Neither parent may change a child’s assigned school zone without a written agreement of the parties or an order of the court.
Mandatory Parenting Course
Under both the Polk County Standing Order and Florida Statute Section 61.21, all parties to a dissolution of marriage proceeding involving minor children must complete a Parent Education and Family Stabilization Course before the court will enter a final judgment. Completion of the course is mandatory in all cases—contested or uncontested—where the parents have minor children, even if the parties have already settled. The court directs the parties to complete the course as expeditiously as possible and before attending mediation. A certificate of completion must be filed with the Polk County Clerk of Courts prior to entry of the final judgment.
Marital Assets and Debts
The Polk County Standing Order imposes specific requirements regarding the preservation of marital property during a contested divorce. If the dispute between the parties concerns an equitable distribution of marital assets and debts, the parties’ use of funds prior to entry of the final order must be reasonable. Both parties are accountable for preserving marital assets and paying marital debts. Neither party may sell, damage, conceal, or dissipate the value of any marital asset unless there is a written agreement of the parties or an order of the court. Neither party may incur debt in the name of the other party without a written agreement or court order. Reasonable attorney’s fees may be determined by the court to be an obligation of one or both parties as allowed by law.
Support Obligations
When the dispute between the parties involves support—whether spousal support or child support—the Polk County Standing Order directs that the parties should be reasonable in providing for the needs of dependents. Spousal support is determined based upon the considerations set forth in Section 61.08 of the Florida Statutes. Child support is calculated using the child support guidelines in Section 61.30 of the Florida Statutes. The parties are directed to follow these guidelines to determine their respective support obligations and must make voluntary support payments prior to entry of the final order. Parties are also directed to keep records of any support payments made so that the court can make appropriate adjustments for credits as allowed by law.
Financial Disclosure and Mandatory Mediation
The Polk County Standing Order requires that each party file and exchange financial affidavits and mandatory disclosure, as required by Florida Family Law Rule of Procedure 12.285. Failure to comply with these disclosure requirements will likely result in monetary sanctions if compliance is compelled by order of the court. Financial disclosure must occur before mediation.
Mediation is mandatory in contested dissolution of marriage cases in Polk County, unless waived by the court. The court will not order mediation if it finds that there has been a significant history of domestic violence between the parties that would compromise the mediation process. The court encourages the parties to mediate early in the proceedings and requires that the parties attempt to complete mediation prior to requesting a hearing on any disputed issue. Mediating early and in good faith can significantly reduce the cost, duration, and emotional toll of a contested divorce in Polk County.
Administrative Provisions and Enforcement
The Polk County Standing Order requires both parties to comply with all administrative provisions for the Family Law Division, including those outlined in the court’s broader administrative orders and any subsequent amendments. Failure to comply with any term of the Standing Order may result in appropriate sanctions against the offending party, as permitted by Florida law. The Polk County family law judges take compliance seriously, and violations can have a material impact on the outcome of a case.
It is important to understand that the Polk County Standing Order discussed above applies specifically to contested dissolution of marriage actions—cases where the parties cannot agree on one or more issues. In an uncontested divorce, where both parties have reached a full agreement on all matters including property division, support, and custody, the process is generally faster and less complex. However, even in an uncontested case, Florida law still requires compliance with certain procedural requirements, including the mandatory parenting course for cases involving children and the filing of a marital settlement agreement with the court.
Whether your case is contested or uncontested, a Lakeland divorce attorney who is familiar with the procedures and expectations of the Polk County family law judges can help ensure that your case proceeds efficiently and that your interests are protected at every stage.
While divorce is the most common type of family law case, the family courts in Polk County handle a broad range of related matters. An experienced Lakeland 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, meaning 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 non-marital property such as inheritances or gifts received individually. Polk County divorce cases involving significant assets, business interests, real property, or retirement accounts require careful valuation and strategic negotiation to ensure a fair result.
Alimony
Florida law provides for several types of alimony, and the appropriate form of support depends on factors including the length of the marriage, each party’s financial circumstances, and other considerations established by statute. A Lakeland 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 specific facts of your case.
Child Custody and Timesharing
Florida 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. Polk County judges consider a wide range of statutory factors, including each parent’s willingness to foster the child’s relationship with the other parent, the stability of each home environment, and the moral fitness of each parent. As noted in the Standing Order, a parent who unreasonably restricts the other parent’s access to the children risks a reduction in their own timesharing.
Paternity Actions
For unmarried parents in Polk County, establishing paternity is a critical legal step. A paternity action formalizes parental rights, establishes a timesharing arrangement, and creates an enforceable child support obligation. Whether you need to file a paternity action or defend against one, a Lakeland family law attorney can guide you through the process 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 Polk 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. If the other party is not complying with the terms of a final judgment or court order, enforcement proceedings—including contempt of court—may be necessary. The Polk County family law judges have broad authority to enforce their orders and hold non-compliant parties accountable.
Prenuptial and Postnuptial Agreements
A well-drafted prenuptial or postnuptial agreement can provide significant 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 financial disclosure, voluntariness, and fairness. A Lakeland family law attorney can draft, review, or challenge a prenuptial or postnuptial agreement to ensure your interests are protected.
Domestic Violence Injunctions
In cases involving domestic violence, the Polk 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. Notably, the Polk County Standing Order recognizes the impact of domestic violence on the mediation process and provides that mediation will not be ordered where there has been a significant history of domestic violence that would compromise the process. If you are the victim of domestic violence, or if you have been served with an injunction petition, obtaining experienced legal representation promptly is critical.
Asset Protection: Don’t Touch What You Shouldn’t
The standing order contains strict provisions about how you can handle marital assets during your divorce. You cannot conceal, damage, dispose of, or dissipate any asset—whether marital or nonmarital. You can’t add mortgages to real estate, stop maintaining property, or fail to care for assets.
Vehicles stay with whoever regularly used them before filing. You can’t hoard or waste jointly-owned funds except for necessities of life. While you can spend your income on ordinary personal and family affairs, any use of marital funds after separation must be justified as reasonable and necessary.
Insurance policies in effect when the petition was filed cannot be terminated, modified, allowed to lapse, or borrowed against without written agreement or court order. Joint credit cards can’t be cancelled, though the order strongly urges parties to stop using them except for absolute necessities as a last resort. If you use joint credit after separation, expect to justify every charge.
These provisions exist to preserve the marital estate for equitable distribution. Violating them can result in the court charging you with dissipated assets, reducing your share of the marital estate, or imposing monetary sanctions payable to your spouse.
Family law cases in Polk County are governed not only by the Florida Statutes and the Florida Family Law Rules of Procedure, but also by local administrative orders that are specific to the Polk County courts. The Standing Order for Contested Dissolution of Marriage Actions discussed on this page is a prime example of a local rule that can significantly impact how a case is handled from the very first day. An attorney who regularly practices in the Polk County family courts will be familiar with these local requirements, the expectations and preferences of the individual judges, and the procedures for scheduling hearings, mediations, and trial dates.
Lakeland and the surrounding communities within Polk County—including Winter Haven, Bartow, Auburndale, Lake Wales, Haines City, and Davenport—are all served by the same courthouse and the same family law judges. Whether you live in Lakeland or anywhere else in Polk County, your divorce or family law matter will be heard at the Polk County Courthouse in Bartow, and the same local rules will apply.
If you are facing a divorce or any other family law issue in Polk County, the most important step you can take is to consult with an experienced Lakeland family law attorney who can explain your rights, help you understand the local rules and procedures—including the Standing Order that will govern your contested 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 Polk County.
Call our Orlando office at (407) 920-3293 or contact us online to schedule your consultation. Get clarity on your rights, your obligations under the standing order, and your next move. Hire us before your spouse does.
Fairway Law Group – Orlando Office
722 W Smith St
Orlando, FL 32804
(407) 920-3293
Serving Orange County and Central Florida in all family law matters, with a focus on contested divorces and high-stakes custody disputes.
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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