Family Law Attorney Florida: How To Find One & What To Do (2026)

August 19, 2026Family Law • Florida

⚖️ Facing divorce, custody disputes, or family law issues in Florida? This guide covers your rights, the Florida dissolution-of-marriage process, guideline child support, equitable distribution, the 2023 alimony reform, time-sharing and parenting plans, and how to find a qualified Florida family law attorney.

What To Do First: Family Law in Florida

Family law matters—divorce (called "dissolution of marriage" in Florida), time-sharing, child support, alimony, and property division—are emotional and complex. Florida law provides specific rules and timelines you must follow, and the state overhauled its alimony laws in 2023. Acting quickly and strategically protects your rights and your children's interests. Whether you're facing a contested divorce in Florida or need guidance on a parenting plan, understanding the process is critical.

📋 First Steps:

Gather financial documents: Tax returns (last 3-5 years), recent pay stubs, bank statements, property deeds, retirement account statements, investment records. Florida requires both spouses to exchange a sworn Family Law Financial Affidavit and mandatory disclosure documents early in the case.
Document parenting involvement: Keep records of time spent with children, school involvement, medical appointments attended, and extracurricular activities—evidence of your parental relationship for time-sharing and parenting-plan decisions.
Consult a Florida family law attorney: Family law rules are state-specific and Florida's recent alimony and time-sharing changes make experienced guidance especially valuable. An attorney can advise you on your options, timelines, and county-specific court procedures.
Confirm residency: To file for dissolution in Florida, at least one spouse must have resided in the state for at least 6 months before filing (Florida Statutes § 61.021). A family law attorney can advise if you don't yet meet residency.
Know about temporary relief: While your case is pending, the court can enter temporary orders for time-sharing, child support, temporary alimony, exclusive use of the marital home, and injunctions for protection in domestic-violence situations.

The Florida Divorce & Family Law Process: Step by Step

Understanding how Florida family law cases move forward helps you know what to expect and where an attorney adds the most value. For more information on how Florida family law works, consult with a specialist.

Filing the Petition for Dissolution

One spouse (the "petitioner") files a Petition for Dissolution of Marriage in the circuit court of the county where residency is met, alleging the marriage is irretrievably broken. The petitioner then serves the other spouse (the "respondent"), who files an Answer and, often, a Counterpetition.

Mandatory Disclosure & Financial Affidavits

Both spouses must exchange a sworn Family Law Financial Affidavit and mandatory disclosure documents (tax returns, pay stubs, account statements) early in the case. Full, honest disclosure is required — hiding assets can result in sanctions and an unequal distribution.

Temporary Relief & Injunctions

Either party can request temporary orders for time-sharing, child support, temporary alimony, exclusive use of the marital home, and — where safety is a concern — an injunction for protection against domestic violence, which the court can enter quickly.

Discovery & Valuation

Both parties exchange documents and may take depositions, subpoena records, and retain experts to value businesses, pensions, and real estate. Characterizing property as marital or nonmarital is a central issue because nonmarital property is not divided under equitable distribution.

Mediation & Negotiation

Most Florida circuits require mediation before a contested trial. Your attorney negotiates a Marital Settlement Agreement covering equitable distribution, a Parenting Plan and time-sharing schedule, child support, and any alimony. The majority of Florida cases settle rather than going to trial.

Final Judgment (after the 20-day wait) or Trial

If the parties agree, the court can enter a Final Judgment of Dissolution once the 20-day waiting period has passed (Florida Statutes § 61.19). If issues remain contested, the case proceeds to a bench trial, where a judge decides parental responsibility, time-sharing, support, alimony, and equitable distribution — Florida family cases are decided by a judge, not a jury.

Florida Family Law: Key Rules & Guidelines

Topic	Florida Rule
Residency Requirement	To file for dissolution of marriage, at least one spouse must have resided in Florida for at least 6 months before filing (Florida Statutes § 61.021).
Grounds for Divorce	Florida is a pure no-fault state. The primary ground is that the marriage is "irretrievably broken" (Florida Statutes § 61.052); mental incapacity of a spouse is an alternative ground. Fault generally need not be proven.
Waiting Period	A court generally cannot enter a final judgment until at least 20 days after the petition is filed (Florida Statutes § 61.19); a judge may waive this to avoid injustice. Contested cases take much longer.
Child Support Formula	Florida uses an income-shares model (Florida Statutes § 61.30): both parents' net incomes are combined and the guideline obligation is split in proportion to income, with adjustments for health insurance, childcare, and overnights (a substantial time-sharing adjustment applies at 20%+ of overnights).
Child Support Duration	Generally continues until the child turns 18, or up to 19 if the child is still in high school and expected to graduate; support may continue for a child who is dependent due to a mental or physical incapacity that began before adulthood (Florida Statutes §§ 61.13, 743.07).
Alimony (post-2023 reform)	Florida's 2023 reform (SB 1416, amending § 61.08) eliminated permanent alimony. Courts may award bridge-the-gap, rehabilitative, or durational alimony. Durational alimony generally cannot exceed the length of the marriage and is subject to statutory caps; there is a rebuttable presumption against alimony for marriages under 10 years.
Property Division	Florida is an "equitable distribution" state (Florida Statutes § 61.075), not community property. Marital assets and debts are divided fairly — presumed equal unless statutory factors justify an unequal split. Nonmarital property (owned before marriage or received by gift/inheritance) is not divided.
Time-Sharing (Custody)	Decided by the "best interests of the child" (Florida Statutes § 61.13), with a rebuttable presumption (added in 2023) that equal (50/50) time-sharing is in the child's best interests. A written Parenting Plan is required in every case involving minor children.

Source: Florida Statutes (Chapter 61); rules can change. Consult a Florida family law attorney for your specific situation.

How To Choose a Florida Family Law Attorney

Not all family law attorneys are equal. When evaluating Florida family law lawyers, look for:

Florida bar admission and family law focus. Verify license status through The Florida Bar. Look for a lawyer who is Board Certified in Marital & Family Law by The Florida Bar — a rigorous credential held by a small percentage of Florida attorneys.
Local court experience. Ask about experience in the specific Florida county where your case will be filed (Miami-Dade, Broward, Hillsborough, Orange, Duval, Palm Beach, etc.). Local judges, general magistrates, and court procedures vary significantly.
Post-2023 reform knowledge. Florida's 2023 alimony and equal-time-sharing changes reshaped the landscape. Ask how the attorney has handled cases under the new alimony framework and the equal-time-sharing presumption.
Mediation and negotiation skills. Most Florida family cases settle through mediation. Ask about their track record of reaching fair Marital Settlement Agreements without unnecessary litigation.
Trial experience (if contested). If your case may go to trial, ask: "How many family law trials have you conducted in the past 3 years?" Trial experience strengthens your negotiating position.
Child-centered perspective. Choose an attorney who prioritizes the best interests of your children and a workable parenting plan, not just fighting to "win" or running up bills.
Communication and responsiveness. Family law cases involve stress and frequent questions. Choose an attorney who communicates clearly, returns calls promptly, and explains complex rules in plain language.
Transparent fee structure. Understand whether you pay hourly or a flat fee (family law is rarely contingency). Get fee terms in writing before signing. Ask about retainer requirements and billing practices.

⚠️ Red Flags to Avoid

Attorneys who guarantee a specific time-sharing outcome or alimony amount
Pressure to quickly sign a retainer agreement before discussing your case in detail
No written fee agreement or hourly rate disclosure
Attorneys who discourage mediation, cooperative divorce, or collaborative approaches
Lack of transparency about their experience with cases similar to yours
Attorneys unfamiliar with Florida's 2023 alimony and time-sharing reforms

Florida Cities & Counties: Find a Family Law Attorney Near You

Law.AI has family law attorneys in every major Florida city and county. Find one near you:

Miami Family Lawyers Jacksonville Family Lawyers Tampa Family Lawyers Orlando Family Lawyers St. Petersburg Family Lawyers Hialeah Family Lawyers

Florida Family Law FAQ

How long does it take to get divorced in Florida?

Florida imposes a 20-day waiting period. Under Florida Statutes § 61.19, a court generally cannot enter a final judgment of dissolution of marriage until at least 20 days have passed from the date the petition is filed, though a judge may waive this in cases of injustice. This 20-day minimum applies to a simplified or uncontested divorce; contested cases involving property, time-sharing, or support disputes commonly take many months or longer. A Florida family law attorney can help you move your case forward efficiently within these timelines.

How is child support calculated in Florida?

Florida uses an "income shares" model set out in the statutory child support guidelines (Florida Statutes § 61.30). The court combines both parents' net incomes, applies the guideline schedule to determine the total support obligation, and divides it between the parents in proportion to their incomes. Adjustments are made for health insurance, childcare costs, and the number of overnights each parent has under the time-sharing schedule (a substantial time-sharing adjustment applies when a parent has at least 20% of overnights). Courts may deviate from the guideline amount only with written findings. A Florida family law attorney can help ensure incomes and overnights are correctly applied.

How does Florida divide property in a divorce?

Florida is an "equitable distribution" state, not a community property state (Florida Statutes § 61.075). Marital assets and liabilities are divided fairly, which the law presumes means equally unless there is justification for an unequal split based on statutory factors — such as each spouse's contribution to the marriage, economic circumstances, the duration of the marriage, and intentional waste or dissipation of assets. Nonmarital (separate) property — assets owned before the marriage or received by gift or inheritance — is generally not divided. A Florida family law attorney can help characterize assets and argue for a fair distribution.

Does Florida still award permanent alimony after the 2023 reform?

No. In 2023, Florida enacted a major alimony reform (SB 1416, amending Florida Statutes § 61.08) that eliminated permanent alimony for cases going forward. Florida courts may now award bridge-the-gap, rehabilitative, or durational alimony. Durational alimony generally cannot exceed the length of the marriage and is subject to statutory caps tied to marriage length and the recipient's reasonable need or the payer's ability to pay. The reform also created a rebuttable presumption against alimony for short-term marriages (under 10 years) and addressed retirement-based modification. A Florida family law attorney can assess what type and amount of alimony may apply in your case.

How is custody (time-sharing) determined in Florida?

Florida uses the terms "parental responsibility" and "time-sharing" instead of "custody." Courts decide based on "the best interests of the child" using the statutory factors in Florida Statutes § 61.13. As of a 2023 change, Florida law includes a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. Parents must file a Parenting Plan that describes how they will share day-to-day responsibilities, the time-sharing schedule, and how decisions about the child will be made. A history of domestic violence or other statutory factors can rebut the equal-time-sharing presumption. A family law attorney can help you advocate for a parenting plan that serves your child's best interests.

Do I need to prove fault to get divorced in Florida?

No. Florida is a pure no-fault divorce state. To obtain a dissolution of marriage, you generally only need to allege that the marriage is "irretrievably broken" (Florida Statutes § 61.052); the court can also grant a divorce based on the mental incapacity of a spouse. You do not have to prove adultery, cruelty, or other misconduct. However, certain conduct — such as intentional dissipation of marital assets or a factor relevant to time-sharing — can still affect property division or the parenting plan. To file, at least one spouse must have resided in Florida for at least 6 months before filing (Florida Statutes § 61.021).

What is a Parenting Plan in Florida and is it required?

A Parenting Plan is a written document, required in every Florida case involving minor children, that governs the relationship between the parents and the child (Florida Statutes § 61.13). It must describe how the parents will share and be responsible for the daily tasks of raising the child, the time-sharing schedule (including holidays and school breaks), which parent is responsible for health care, school, and extracurricular activities, and the methods and technologies parents will use to communicate with the child. If the parents cannot agree, the court will establish a Parenting Plan based on the best interests of the child. A Florida family law attorney can help you draft or contest a Parenting Plan.