Family Law – Frequently Asked Questions

No. Florida is a no-fault divorce state, which means you do not have to prove wrongdoing to end your marriage. You only need to show that the marriage is irretrievably broken.

An uncontested divorce, where both spouses agree on every issue, can move relatively quickly. Contested cases take longer, and cases involving substantial assets or disputed custody can take longer still. We can give you a realistic timeline after reviewing your situation.

In an uncontested divorce, both spouses agree on all issues — parenting, support, property, and debts — and the case is resolved through a written settlement agreement. In a contested divorce, one or more issues remain in dispute and the court may need to decide them.

Most divorces settle before trial, often through mediation. But you should never count on settlement. The strongest position comes from hiring an attorney who is fully prepared to try your case, because that preparation is frequently what produces a fair settlement.

Mediation is a settlement conference with a neutral third party who helps both spouses try to reach agreement. Florida courts commonly direct family law cases to mediation before trial. We prepare you for mediation so that you are negotiating from an informed position rather than reacting on the day.

Florida is an equitable distribution state. Marital assets and debts are divided fairly, which does not automatically mean equally. What is fair depends on the circumstances of your marriage.

Not necessarily. Equitable means fair rather than automatically equal. Courts consider a range of factors, and the division that results can depart from a straight even split.

Generally, marital property is what the spouses acquired during the marriage, while non-marital property may include assets owned before the marriage or received individually by gift or inheritance. Whether a particular asset is marital is often disputed, and it is one of the most consequential questions in a divorce.

There is no single answer. Depending on the circumstances, the home may be sold and the proceeds divided, or one spouse may keep it and offset its value elsewhere. Whether minor children are living in the home is often a significant factor.

Retirement assets built up during the marriage are generally subject to division. These accounts often require specific court orders and careful handling so they can be divided correctly and without unnecessary tax consequences.

Marital debts are divided as part of equitable distribution, just as assets are. Being divorced does not by itself release you from an obligation owed to a lender who is not a party to your case, which is why the way debt is addressed in the judgment matters.

Alimony is not automatic. Courts look at factors including the financial need of one spouse and the ability of the other to pay, along with the circumstances of the marriage. Both whether alimony is awarded and how much can be contested.

It depends on the form of alimony awarded and the circumstances of the case. Some support is short-term and transitional, while other awards last considerably longer. We can explain which forms of support are realistic in your situation.

In many cases yes, when there has been a significant change in circumstances. Some agreements limit or prevent modification, so the specific language in your judgment or settlement agreement matters a great deal.

A properly drafted and properly executed prenuptial agreement is generally enforceable. Agreements can be challenged on grounds such as inadequate financial disclosure or the circumstances under which they were signed, which is why how the agreement was prepared matters as much as what it says.

Yes. That is a postnuptial agreement. It serves a similar purpose to a prenuptial agreement but is entered into after the marriage has already begun.