Frequently Asked Questions

Most Frequent Questions and Answers

What are the grounds for divorce in Florida?

Florida is a no-fault divorce state, which means either spouse can seek a divorce without having to prove any reason other than they no longer want to be married. The two primary grounds are: (1) The marriage is “irretrievably broken,” and (2) one of the parties has been mentally incapacitated for a period of three years.

Can a child support order be modified?

Yes. In Florida, either parent can request a modification to the child support order if there’s a significant change in circumstances, like a job loss, or a substantial change in the needs of the child.

How is child custody determined in Florida?

  • Florida courts make child custody decisions based on the best interests of the child. Factors include the health and safety of the child, the moral fitness of the parents, the ability of each parent to provide a routine for the child, and more. The courts also consider the willingness of each parent to support a relationship between the child and the other parent.


What is alimony, and how is it determined?

  • Alimony, or spousal support, is a payment made by one spouse to another after a divorce. Florida courts consider factors such as the duration of the marriage, each spouse’s financial resources, the age and health of each spouse, and the standard of living established during the marriage.


How is child support calculated in Florida?

Florida uses an “Income Shares Model” for determining child support. This model considers both parents’ incomes, the number of overnight stays the child has with each parent, and other expenses related to the child. The Florida Child Support Guidelines provide a calculation to determine the support amount.

What is equitable distribution in the context of Florida divorces?

Florida follows the “equitable distribution” model for dividing marital property. This means assets and liabilities are divided fairly, but not necessarily equally, based on various factors like each spouse’s contribution to the marriage and their financial situations.

How long does a divorce typically take in Florida?

The duration can vary depending on the complexity of the case. An uncontested divorce can take as little as a few weeks, while a contested divorce with several disputed issues can take months or even years to resolve.

Are prenuptial agreements enforceable in Florida?

Yes, as long as they meet certain requirements. A valid prenuptial agreement in Florida must be in writing and signed by both parties. It should also be entered into voluntarily, and both parties should have had an opportunity to receive legal advice before signing.

How does Florida handle domestic violence in family law cases?

Florida courts take allegations of domestic violence seriously. If one party alleges domestic violence, the court may issue a protective order. This can impact child custody, visitation rights, and other aspects of the family law process.