Frequently Asked Questions: Divorce Attorney in Miami, Florida

Question 1

What are the grounds for divorce in Florida?

Accepted Answer

Florida is a no-fault divorce state. The only ground required to obtain a dissolution of marriage is that the marriage is "irretrievably broken." Fla. Stat. § 61.052(1)(a). A spouse does not need to prove adultery, abandonment, cruelty, or any other form of misconduct. If one spouse asserts that the marriage is irretrievably broken and the other disputes it, the court may order the parties to attempt reconciliation or counseling, but ultimately a divorce will be granted if the court finds the marriage cannot be saved.

Question 2

How long does a divorce take in Florida?

Accepted Answer

It depends on the type of case. A simplified dissolution of marriage - available to couples without minor children, no alimony claims, and full agreement on assets - can be finalized in as little as 30 days after filing. An uncontested divorce with a signed Marital Settlement Agreement typically takes 45 to 90 days. A contested divorce, where one or more issues must be resolved by the court, can take anywhere from 6 to 18 months or longer, depending on the complexity of the issues and the court's scheduling.

Question 3

Does Florida require a waiting period or separation period before filing for divorce?

Accepted Answer

No. Florida does not require any period of separation before a spouse may file for dissolution of marriage. The only residency requirement is that at least one spouse must have been a resident of Florida for the six months immediately preceding the filing of the petition. Fla. Stat. § 61.021.

Question 4

How is property divided in a Florida divorce?

Accepted Answer

Florida follows the doctrine of equitable distribution. Under Fla. Stat. § 61.075, marital assets and liabilities are divided fairly between the spouses - which means justly, though not necessarily equally. The court begins with a presumption of equal distribution and may deviate from that based on factors including the length of the marriage, each spouse's economic circumstances, contributions to the marital estate (including homemaking and child-rearing), whether either spouse intentionally wasted or dissipated marital assets, and the desirability of retaining a particular asset, such as the marital home, intact. Only marital assets and liabilities are subject to equitable distribution. Non-marital assets - such as property owned before the marriage or received as a gift or inheritance during the marriage - are generally excluded, provided they have not been commingled with marital funds.

Question 5

What is the difference between marital and non-marital assets?

Accepted Answer

Marital assets are those acquired by either spouse during the marriage, regardless of whose name is on the title. Non-marital assets include property owned by one spouse before the marriage, assets received by one spouse as a gift or inheritance during the marriage, and assets specifically excluded by a valid prenuptial or postnuptial agreement. Fla. Stat. § 61.075(6). The distinction matters significantly because only marital assets are subject to equitable distribution. Commingling a non-marital asset with marital funds - for example, depositing an inheritance into a joint account - can convert it into a marital asset.

Question 6

Does Florida still have alimony?

Accepted Answer

Yes, but Florida's alimony law changed significantly effective July 1, 2023, when HB 1409 amended Fla. Stat. § 61.08. The most notable changes include the elimination of permanent alimony, the establishment of durational caps based on the length of the marriage, and a rebuttable presumption against any alimony award in marriages of less than three years. The types of alimony that remain available are bridge-the-gap, rehabilitative, and durational. The court considers factors including each spouse's financial resources, earning capacity, standard of living during the marriage, age, health, and contributions to the marriage. These changes apply to all cases filed on or after July 1, 2023.

Question 7

How does the court determine whether to award alimony?

Accepted Answer

Under the amended Fla. Stat. § 61.08, a court must first find that one spouse has an actual need for alimony and that the other spouse has the ability to pay. If both findings are made, the court then considers the statutory factors to determine the type, amount, and duration. The length of the marriage is a primary factor: short-term marriages (under 10 years) carry a cap of 50% of the length of the marriage; moderate-term marriages (10 to 20 years) carry a cap of 60%; and long-term marriages (20 years or more) carry a cap of 75%.

Question 8

What happens to the marital home in a Florida divorce?

Accepted Answer

The marital home is a marital asset subject to equitable distribution. The court has several options: award the home to one spouse (typically with an offsetting payment or credit to the other), order the home sold with proceeds divided, or defer the sale for a period of time - often when minor children are involved and it is in their best interest to remain in the home. If the home has a mortgage, the spouse retaining it must typically refinance in their name alone or the parties must agree on another arrangement, as the other spouse's name on the mortgage creates ongoing financial exposure.

Question 9

How does Florida handle child custody and visitation?

Accepted Answer

Florida no longer uses the terms "custody" or "visitation." The law instead refers to parental responsibility and time-sharing. Parental responsibility refers to the authority to make major decisions about the child's welfare, including education, healthcare, and religious upbringing. Time-sharing refers to the schedule under which each parent spends time with the child. Both are governed by Fla. Stat. § 61.13 and must be set forth in a court-approved Parenting Plan. Florida law presumes that shared parental responsibility - meaning both parents share decision-making - is in the best interest of the child, unless the court finds that shared responsibility would be detrimental.

Question 10

How does the court determine the time-sharing schedule?

Accepted Answer

Florida courts determine time-sharing based on the best interests of the child, applying the factors enumerated in Fla. Stat. § 61.13(3). Those factors include each parent's willingness to facilitate a close relationship between the child and the other parent, the demonstrated capacity of each parent to meet the child's developmental needs, the geographic feasibility of the proposed schedule, the child's established routine and school schedule, any history of domestic violence or substance abuse, and, depending on the child's age and maturity, the child's own preferences. There is no automatic presumption of 50/50 time-sharing in Florida, though equal time-sharing is common in cases where both parents are fit and geographically proximate.

Question 11

How is child support calculated in Florida?

Accepted Answer

Child support in Florida is calculated using the Income Shares Model set forth in Fla. Stat. § 61.30. The calculation takes into account both parents' net monthly incomes, the number of overnights each parent has with the child, the cost of the child's health insurance, and work-related childcare expenses. The resulting guideline amount is presumptively correct, but a court may deviate from it upon written findings that the guideline amount is unjust or inappropriate. Child support obligations generally continue until the child turns 18, or 19 if the child is still in high school and reasonably expected to graduate before turning 19.

Question 12

Can a parent relocate with a child after a Florida divorce?

Accepted Answer

Not without either the other parent's written consent or a court order. Under Fla. Stat. § 61.13001, a parent who wishes to relocate more than 50 miles from their principal residence for more than 60 consecutive days must either obtain a written relocation agreement signed by the other parent and all other persons with time-sharing rights, or file a Petition to Relocate with the court. The relocating parent bears the burden of proving the move is in the best interest of the child. The non-relocating parent may file an objection, and the court will hold a hearing to weigh the statutory factors before granting or denying the petition.

Question 13

What is a Marital Settlement Agreement?

Accepted Answer

A Marital Settlement Agreement (MSA) is a written contract between divorcing spouses that resolves all or some of the issues in their dissolution of marriage, including property division, alimony, parental responsibility, time-sharing, and child support. Once approved and incorporated into the Final Judgment of Dissolution, the MSA becomes a court order enforceable through contempt proceedings. A well-drafted MSA anticipates future circumstances - such as changes in income, the child reaching college age, or requests to modify support - and addresses them clearly to reduce future litigation.

Question 14

Do I have to go to court for a divorce in Florida?

Accepted Answer

Not necessarily. In a simplified dissolution of marriage, both parties must appear at a final hearing, but the process is brief and non-adversarial. In an uncontested divorce with a fully executed Marital Settlement Agreement, many counties allow the final hearing to be waived or conducted by affidavit, depending on local administrative orders. In a contested divorce, court appearances - including case management conferences, hearings on motions, and potentially trial - are unavoidable. Mediation is mandatory in most Florida family law cases before the matter can be set for trial. Fla. Fam. L. R. P. 12.740.

Question 15

What is mediation and is it required in a Florida divorce?

Accepted Answer

Mediation is a structured negotiation process conducted by a neutral third-party mediator who helps the parties reach a voluntary agreement. In Florida family law cases, mediation is generally required before the court will schedule a contested matter for trial. Fla. Fam. L. R. P. 12.740. The mediator does not decide the outcome - that remains with the parties. If mediation results in a full agreement, the terms are reduced to writing and submitted to the court. If mediation is unsuccessful, the case proceeds to hearing or trial on the unresolved issues.

Question 16

What financial documents are required in a Florida divorce?

Accepted Answer

Florida requires mandatory disclosure of financial information in all dissolution of marriage cases, unless waived by both parties in a simplified dissolution. Under Fla. Fam. L. R. P. 12.285, each party must serve on the other a financial affidavit and supporting documents including tax returns for the prior three years, pay stubs, bank statements, retirement account statements, mortgage statements, and documentation of all assets and liabilities. The financial affidavit, either the long form (for income over $50,000 per year) or short form, is also required to be filed with the court. Failure to comply with mandatory disclosure can result in sanctions.

Question 17

Can I modify a divorce judgment after it is entered?

Accepted Answer

In many cases, yes. Post-judgment modifications are available for alimony, child support, and time-sharing upon a showing of a substantial change in circumstances that is material, involuntary, and permanent. Fla. Stat. §§ 61.08, 61.13, 61.14, and 61.30. Examples include a significant change in either party's income, a change in the child's needs, a parent's remarriage (relevant to certain alimony types), or a change in either parent's living situation. Property division set forth in a Marital Settlement Agreement is generally not modifiable absent fraud, duress, or other grounds to set aside a contract.

Question 18

Still have questions?

Accepted Answer

Every divorce case is different. The answers above provide a general overview of Florida divorce law, but the application of these principles to your specific situation depends on the facts of your case. Attorney Jeffrey Alan Aenlle offers a free initial consultation to help you understand your rights and options under Florida law. Call +1.786.309.8588 or contact us online at BrickellLegal.com to schedule your consultation. Our office is located at 1221 Brickell Avenue, Suite 900, Miami, Florida 33131.

Miami Divorce Attorney

Simplified Dissolution of Marriage in Florida

Uncontested Divorce in Miami, Florida

Contested Divorce in Miami, Florida

Equitable Distribution in a Miami Divorce

Alimony in a Miami Divorce

Timesharing and Parental Responsibility in a Miami Divorce

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