Florida Family Law Questions,
Straight Answers.

An uncontested divorce with no children can be finalized in as few as 30 days after filing. Uncontested divorces with children require a 20-day waiting period. Contested divorces typically take 6 to 12 months depending on complexity, discovery disputes, and the court’s calendar in the Fourth Judicial Circuit. Complex cases involving business valuations, hidden assets, or custody disputes may take longer.

At least one spouse must have resided in Florida for a minimum of 6 months before filing the petition for dissolution of marriage under Fla. Stat. § 61.021. Proof of residency is typically established by a Florida driver’s license, voter registration, or the testimony of a corroborating witness.

In an uncontested divorce, both spouses agree on all terms — property division, alimony, child custody, and child support. A marital settlement agreement is drafted, signed, and submitted to the court. In a contested divorce, the parties disagree on one or more issues, requiring negotiation, mediation (mandatory in the Fourth Circuit), and potentially trial. Many cases begin as contested and resolve through mediation before reaching trial.

Florida follows equitable distribution under Fla. Stat. § 61.075. Marital assets and debts are divided fairly, but not necessarily equally. The court considers each spouse’s contributions (including homemaking), economic circumstances, duration of the marriage, interruption of career or education, and the desirability of retaining a particular asset. Non-marital property (owned before marriage, inherited, or gifted to one spouse) is generally not subject to division, but commingling can convert non-marital property into marital property.

Florida uses the term timesharing rather than custody. Courts determine timesharing based on the best interests of the child under Fla. Stat. § 61.13, evaluating 20 specific factors including each parent’s capacity to facilitate a close relationship with the other parent, the child’s home and community ties, and the mental and physical health of all individuals involved.

As of 2023, Fla. Stat. § 61.13 includes a rebuttable presumption that equal timesharing is in the best interests of the minor child. A parent seeking a different schedule must present evidence sufficient to overcome that presumption based on the 20 best-interest factors. Domestic violence, substance abuse, or a parent’s inability to co-parent may justify a deviation from equal time.

Under Fla. Stat. § 61.13001, any move of 50 or more miles from the principal residence at the time of the last custody order requires either written consent from the other parent or a court order. The relocating parent must file a detailed petition. Failure to follow the statutory relocation procedure can result in sanctions including loss of timesharing.

Child support is calculated under Fla. Stat. § 61.30 using the Florida Child Support Guidelines, which apply each parent’s net income, the number of children, health insurance costs, childcare costs, and the number of overnights each parent has with the child. The calculation produces a presumptive support amount. A court may deviate upward or downward by more than 5% only with written findings.

Florida’s 2023 alimony reform (SB 1416) eliminated permanent alimony and established four types: temporary, bridge-the-gap, rehabilitative, and durational. Durational alimony is capped at 50% of the marriage length for short marriages (under 10 years), 60% for moderate (10–20 years), and 75% for long marriages (20+ years). The amount cannot exceed 35% of the difference between the parties’ net incomes. The court also considers adultery, the standard of living during the marriage, and each party’s earning capacity under Fla. Stat. § 61.08(3).

Yes. Under Fla. Stat. § 61.14, alimony may be modified or terminated upon a substantial change in circumstances, including retirement at a reasonable age, job loss, remarriage of the receiving spouse, or a supportive relationship. The 2023 reform added specific factors the court must analyze before reducing or terminating alimony based on retirement or a supportive relationship.

A military divorce involves at least one spouse who is active-duty, reserve, or retired military. Florida courts have jurisdiction if the service member is stationed in Florida or either spouse has resided in Florida for at least 6 months. Military divorces involve unique considerations including USFSPA pension division, Survivor Benefit Plan elections, TRICARE continuation (20/20/20 and 20/20/15 rules), BAH and BAS treatment in support calculations, and SCRA protections against default judgment during deployment. Attorney Fraser represents both service members and military spouses at NAS Jacksonville, Naval Station Mayport, and Camp Blanding.

Military retired pay is divisible as marital property under the Uniformed Services Former Spouses’ Protection Act (USFSPA). The Florida court may award a portion to the non-military spouse. For direct payment from DFAS, the 10/10 rule applies: the parties must have been married for 10 years during which the service member performed 10 years of creditable service. Below that threshold, the court can still order payment — it just won’t come directly from DFAS.

Yes. The Fourth Judicial Circuit requires mediation in all contested family law matters before a case may be set for trial. Attorney Fraser is a Florida Supreme Court Certified Family Mediator (Cert. No. 37256 CFR) and can serve as a neutral mediator for other attorneys’ cases or represent clients through the mediation process in his own cases. Most cases settle at mediation when both sides come prepared.

Cost depends on contested vs. uncontested, the complexity of assets, and the level of conflict over custody or alimony. Uncontested divorces are typically handled on a flat fee. Contested divorces are handled on an hourly basis with a retainer. Attorney Fraser discusses specific fee ranges during the free consultation and provides a written engagement letter before any work begins. See the Fees page for more detail.

Florida law does not require an attorney for an uncontested divorce, but the paperwork must be drafted correctly or the court will reject it. More importantly, waiving rights in a marital settlement agreement — alimony, property division, retirement interests, tax elections — cannot be undone easily. An attorney ensures the final agreement protects your interests and the final judgment is enforceable.

Attorney Fraser files motions for contempt and enforcement. If a former spouse fails to pay support, violates the timesharing schedule, or ignores any provision of the final judgment, the court can hold them in civil or criminal contempt. Remedies include make-up timesharing, purge payments, attorney’s fees assessed against the violating party, and in extreme cases, jail. Document every violation — dates, communications, missed payments — and contact Attorney Fraser immediately.

A modification requires a substantial change in circumstances that was not contemplated at the time of the original order. Child support may be recalculated when income changes by 15% or more, or when timesharing changes substantially. Alimony can be modified on retirement, job loss, remarriage, or a supportive relationship. Timesharing modifications require evidence that the change materially serves the child’s best interests — a high bar after the 2023 statutory amendments.

Large firms assign associates and paralegals to handle day-to-day case management. You may meet the named partner at the initial consultation and then never speak with them again. Attorney Fraser handles every case personally — every phone call, every filing, every hearing, every mediation. He is also a Florida Supreme Court Certified Mediator, which means he brings settlement skills to the negotiating table and trial preparation to the courtroom. No handoffs. No rotating attorneys. One lawyer, your case, start to finish.

Florida does not recognize legal separation as a separate legal status. Couples who live apart remain legally married until they file for and obtain a dissolution of marriage. However, spouses who separate can file a petition for support unconnected with dissolution under Fla. Stat. § 61.09, which addresses alimony and child support without ending the marriage itself.

Florida is a no-fault state, so adultery is not required to obtain a divorce and does not automatically affect property division. However, adultery may be considered by the court when awarding alimony under Fla. Stat. § 61.08(1) and when dissipation of marital assets is alleged (for example, money spent on an affair partner). Adultery typically does not affect child custody unless the affair directly impacted the children.

Under Fla. Stat. § 742.011, either parent can file a paternity action to establish legal paternity. Paternity is confirmed through genetic testing or voluntary acknowledgment. Once established, the court can enter orders for a parenting plan, timesharing, and child support. Without a paternity action, the mother of a child born to unmarried parents has sole legal custody by default — signing the birth certificate alone does not grant the father timesharing or decision-making rights.