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What Does A Divorce Attorney Do?
A Florida divorce attorney guides a spouse through the legal process of ending a marriage, dividing what was built during it, and, when children are involved, setting the rules that will govern parenting for years. Divorce is emotional, but the case itself is a structured legal process — and a skilled attorney’s job is to protect the client’s rights, meet every deadline, and reach either an agreed judgment or a court order that stands up.
Florida is a no-fault state. That means an attorney does not have to prove wrongdoing to end a marriage; the marriage being ‘irretrievably broken’ is enough. What the attorney does prove and negotiate is the division of marital assets and debts, alimony, and — where children are involved — time-sharing, parental responsibility, and child support. Whether a case settles or is tried, those are the four issues that drive every divorce.
Uncontested divorce is the fastest path. When both spouses agree on all issues, the attorney can draft the marital settlement agreement, parenting plan, financial affidavits, and final judgment paperwork and get the case finalized in a few months. Simplified dissolution is available for a narrow set of cases (no children, no alimony, agreement on property).
Contested divorces are more common when there are children, a business, significant retirement assets, real estate other than the marital home, or one spouse who has been financially dominant. In those cases the attorney manages mandatory financial disclosure, discovery, temporary-relief motions, mediation, and — if needed — trial. Business valuation, forensic accounting, and vocational assessments may be needed to establish true income and value.
Equitable distribution is Florida’s system for dividing marital property. It starts from a presumption of equal division of marital assets and debts and departs from it only for specific statutory reasons. Nonmarital property — assets owned before marriage, gifts, and inheritances kept separate — generally stays with the original owner, but commingling and use of marital funds can convert them.
Alimony under current Florida law is bridge-the-gap, rehabilitative, or durational. Permanent alimony has been eliminated for new cases. The type, amount, and duration depend on the length of the marriage, the recipient’s need, and the payor’s ability to pay. Prenuptial and postnuptial agreements are often central and are challenged or enforced through the divorce.
For parents, the attorney’s most important work is the parenting plan and time-sharing schedule. Florida now uses a rebuttable presumption of equal time-sharing, but every family is different, and the plan has to fit the children, the parents’ work schedules, and the community.
LegalNow247 is a legal concierge, not a law firm. We do not represent spouses in divorce. We help people considering or facing divorce in Florida connect with an independent divorce attorney who handles the specific circumstances — uncontested, high-net-worth, high-conflict custody, or military — that fit their case. Concierge consultations are free and confidential.
Divorce is a legal process on top of a personal one. The best outcomes come from attorneys who move the paperwork forward while the family finds its footing.
Divorce by the numbers
20 days
typical answer deadline after being served with a divorce petition
6 mo
Florida residency requirement to file
50/50
starting presumption for equitable distribution of marital assets
0
fault required — Florida is a no-fault state
Common Divorce Situations We Help With
Divorce is a decision, not an entitlement — but you almost certainly need to speak with an attorney if:
From First Call To Case Resolution
Contact LegalNow247
Confidential intake by phone or online. No pressure, no obligation.
Describe your situation
Length of marriage, children, assets, and any prior court involvement.
Match with a divorce attorney
Based on county and your goals for the process.
Free consultation
The attorney explains realistic outcomes, timeline, and costs.
Attorney guides your case
From petition through mediation, trial (if needed), and final judgment.
Timeline, Costs & What Divorce Cases Actually Look Like
Typical timeline
Truly uncontested divorces can finalize in 30–90 days. Standard contested divorces commonly run 6–12 months. High-net-worth or high-conflict custody cases can extend to 12–24 months. Cases that go to trial take longer than cases that settle at mediation.
Costs & fees
Documents to gather
- ✓ Three years of tax returns and current pay information for both spouses
- ✓ Bank, investment, and retirement account statements (before and current)
- ✓ Real estate deeds, mortgage statements, and recent valuations
- ✓ Business tax returns and financials if either spouse owns a company
- ✓ Any prenuptial or postnuptial agreements
- ✓ Existing court orders, protective orders, or DCF paperwork
Common mistakes to avoid
- ✘ Moving marital funds into individual accounts once divorce is contemplated
- ✘ Making major purchases or incurring new debt after separation
- ✘ Signing a settlement agreement before understanding tax and support consequences
- ✘ Communicating with the other spouse only through emotionally charged texts and emails
- ✘ Introducing children to a new partner too soon while custody is being litigated
Signs You Should Speak With A Divorce Attorney
- ✓ You and your spouse have lived separately or plan to
- ✓ There’s a significant income gap or one spouse handled the finances
- ✓ You have children, a business, or a home together
- ✓ Your spouse has already contacted an attorney
Even ‘friendly’ divorces benefit from a confidential consultation. It costs nothing to understand your rights before decisions become permanent.
When to seek help
- You're thinking about filing, or your spouse has told you they will
- You've been served with a Petition for Dissolution of Marriage
- There's significant property, business, or retirement value to divide
- You and your spouse share children
- There's a concern about hidden assets or dissipation of marital funds
- Free & confidential
Request A Divorce Consultation
Divorce Questions People Actually Ask
Is Florida a 50/50 divorce state?
Florida is an equitable-distribution state — marital assets are divided fairly, which is not always exactly 50/50.
How long does a divorce take in Florida?
An uncontested divorce can finalize in 4-6 weeks; contested divorces typically take several months to a year or more.
How much does a divorce cost?
Uncontested divorces can cost a few hundred to a few thousand dollars. Contested divorces vary widely and are billed hourly against a retainer.
Do I need a reason to divorce?
No. Florida is a no-fault state — the only grounds needed are that the marriage is ‘irretrievably broken.’
Can I get alimony?
Possibly. Florida looks at length of marriage, standard of living, income disparity, and each spouse’s ability to be self-supporting.
What is equitable distribution?
The court divides marital assets and debts fairly — starting from a presumption of 50/50 but adjusting based on statutory factors.
What counts as marital property?
Assets and debts acquired during the marriage, plus appreciation of pre-marital assets attributable to marital effort.
Can I keep my inheritance?
Usually yes, if it was kept separate. Commingling with marital accounts can convert it to marital property.
How is a business valued in divorce?
Through a formal valuation — often by a forensic accountant — considering income, assets, and comparable sales.
Do we have to go to court?
Rarely for uncontested cases. Contested cases usually reach a final hearing or trial only if mediation fails.
What if my spouse is hiding assets?
An attorney can use subpoenas, depositions, and forensic accountants to trace hidden accounts and dissipated funds.A court order restricting contact by an alleged abuser. Florida has specific categories for domestic, dating, sexual, stalking, and repeat violence.
Can I date during divorce?
Legally yes, but it can affect alimony analysis and, more importantly, custody. Discuss timing with your attorney.
What is a parenting plan?
A required document in every Florida divorce with children — it sets time-sharing, decision-making, and communication.
Are prenups enforceable in Florida?
Yes, when properly drafted, executed, and with full financial disclosure. Florida courts enforce them regularly.
Can I modify alimony after divorce?
Some types of alimony can be modified for a substantial change in circumstances. Others (like durational, in some cases) are fixed.
What happens to the house?
Options include selling and splitting proceeds, one spouse buying out the other, or deferred sale in child cases.
How long does a divorce take in Florida?
Uncontested cases often finish in 1–3 months. Standard contested cases run 6–12 months. Complex cases with businesses, retirement, or contested custody can take a year or more.
Do I have to prove fault?
No. Florida is a no-fault state. Marital misconduct is generally not relevant unless it involves the dissipation of marital assets or affects the children.
How is alimony decided?
Can we use the same attorney?
No. One attorney cannot represent both spouses. In truly uncontested cases, one spouse retains counsel and the other proceeds unrepresented after independent review.
What is a marital settlement agreement?
A written contract resolving property, debts, alimony, parenting, and support. Once approved by the court it becomes part of the final judgment and is enforceable like any other order.
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Educational Guides On Divorce Law
Uncontested vs. Contested Divorce In Florida
Timeline, cost, and which fits your marriage.
How Florida Divides Marital Property
Equitable distribution — what it means in practice.
Understanding Florida Alimony
Types, duration, and the 2023 statute changes.
Divorcing With Children
Time-sharing, parenting plans, and support calculations.
Divorce Attorneys Across Florida
What Divorce Clients Say
“Uncontested divorce with two kids — the attorney LegalNow247 connected me with had everything filed in weeks.”
Alina D.
Orlando · Uncontested divorce
“The business was valued fairly and I kept the equity I had before the marriage. Worth every dollar of counsel.”
Thomas R.
Miami · High-net-worth divorce
“A tough custody case ended in a workable 50/50 schedule for our son.”
Priya S.
Jacksonville · Contested custody divorce