Divorce Attorneys
A Florida divorce starts with a 6-month residency requirement and ends with a final judgment that shapes property, support, and time-sharing for years. Our family law attorneys help spouses across Volusia, Flagler, and Central Florida navigate the process, from simplified dissolutions to contested trials, mediations, and post-judgment modifications.
A divorce can be an overwhelming and emotionally charged process. The decisions you make in the first weeks (about where to file, what to disclose, whether to settle or litigate) shape property, support, and your relationship with your children for years. Our family law attorneys help spouses across Volusia and Flagler County work through that process with as little disruption to your life as possible, with offices in Daytona Beach, Port Orange, and DeLand. Call us at (386) 255-1400 to set up a confidential consultation.
How a Florida divorce works
Florida is a no-fault divorce state under Fla. Stat. § 61.052. You only need to show that the marriage is "irretrievably broken," not that someone is at fault. Before you can file, at least one spouse must have lived in Florida for at least six months. From there, your case will move down one of two main paths:
- Simplified dissolution under § 61.052(2): both spouses agree on everything, there are no minor children, neither side is asking for alimony, and a few other conditions are met. Faster and cheaper.
- Regular dissolution: everything else. Includes financial affidavits, disclosures, parenting plans where children are involved, mediation in most counties, and a trial only if mediation fails.
Most cases that start contested still settle before trial. The question is usually not whether to settle, but on what terms. Working with counsel early is the best way to negotiate from a position of strength.
Issues we handle in a divorce case
Alimony
Spousal support under the 2023 reform framework.
Property division
Equitable distribution of assets and debts under § 61.075.
Child support
Income-based calculation under the § 61.30 guidelines.
Time-sharing
Parenting plans under the 2023 equal time-sharing presumption.
Mediation
Often required before a contested divorce reaches trial.
Marital settlement agreements
Negotiated terms in place of a trial; binding once approved by the court.
Free legal tool
Florida Child Support Calculator
Run an early estimate of how much child support you might pay or receive under Florida's § 61.30 guidelines, before your first consultation.
A Florida divorce timeline
Every case is different, but most contested Florida divorces move through the same six stages:
Petition filed
One spouse files a Petition for Dissolution of Marriage with the circuit court. At least one spouse must have lived in Florida for six months before filing.
Service and response
The other spouse is formally served and has 20 days to file an Answer. If they fail to respond, the case can move to default.
Mandatory disclosures
Both spouses exchange financial affidavits, tax returns, and account statements under Florida Family Law Rules. Parents with minor children must also complete a 4-hour parenting course within 45 days.
Mediation
Most Florida counties require mediation before a contested case reaches trial. Many cases settle here, producing a Marital Settlement Agreement instead of a trial.
Trial (if needed)
Cases that do not settle go before a judge. Florida divorces are bench-trial cases with no jury. Most contested cases take 12 to 24 months from filing to trial.
Final judgment
The court enters the Final Judgment of Dissolution, addressing property, support, time-sharing, and any other contested issues. From this point forward, modifications require a new petition.
Mediation: an alternative to trial
In many cases, mediation is the best way to dissolve a marriage and resolve the issues around it. The process is often mandatory before a case can move to trial. Whether mediation is required or chosen, our attorneys can help you understand the benefits and drawbacks, prepare a position that holds up under negotiation, and document the outcome in a Marital Settlement Agreement that the court will approve.
Paternity questions during divorce
Paternity is typically assumed for children born during a marriage. When that assumption comes into question (either because someone raises it, or because it affects support and time-sharing), Florida courts can order DNA testing and make a formal determination. Our lawyers can explain the process, the testing involved, and assist with all documentation required for a paternity determination.
Florida divorce law is moving fast
The 2023 alimony and time-sharing reforms changed the landscape of Florida divorce, and courts across the state are still working through how the new statutes apply to the cases in front of them. Property division and supportive-relationship doctrine, in particular, have been getting renewed attention. A family law attorney who tracks how Volusia and Flagler judges are applying these changes can help you build a strategy on the rules as they are actually being applied today.
Frequently asked
Questions about this practice area
- How long do I have to live in Florida before I can file for divorce?
- Six months. Under Fla. Stat. § 61.021, at least one spouse must have lived in Florida for at least six months before the petition for dissolution of marriage is filed. Residency is proved by a Florida driver's license, voter registration, or the testimony of a corroborating witness. If neither spouse meets the six-month requirement, the petition will be dismissed, regardless of how strong the underlying case is.
- How long does a divorce take in Florida?
- It depends entirely on whether the case is contested. An uncontested simplified dissolution (no kids, no real disagreements about property, both spouses signing) can finalize in 30 to 60 days. A standard uncontested case usually closes in three to four months. A contested case with property, support, or time-sharing disputes typically runs six to eighteen months, with most resolving through mediation before trial. After the petition is filed, Fla. Stat. § 61.19 imposes a 20-day waiting period before the court can enter a final judgment (waivable on a showing of hardship); beyond that floor, the calendar is set by case complexity.
- What changed in Florida divorce law in 2023?
- Two major reforms reshaped Florida family law in 2023. SB 1416 eliminated permanent alimony and capped durational alimony based on the length of the marriage, replacing the old open-ended framework with a more predictable formula. HB 1301 established the statutory presumption that equal (50/50) time-sharing is in the best interest of the child in every contested parenting case, shifting the burden to the parent who wants something other than 50/50. Both reforms apply to cases filed after their effective dates, and they affect how we structure both the negotiation strategy and the trial framing on cases filed today.
- Do I need a reason to file for divorce in Florida?
- No. Florida is a no-fault divorce state. The petition only needs to allege that the marriage is irretrievably broken (or, in narrow circumstances, that one spouse has been declared mentally incapacitated for at least three years). Adultery, abuse, and other misconduct do not need to be pled to obtain the divorce itself, but they can still affect specific issues — particularly the equitable distribution of property under § 61.075(1)(i) if marital assets were dissipated, and time-sharing under § 61.13 where there are safety concerns.
Whether you are filing first or responding, talk to a Florida divorce attorney early.
From simplified dissolutions to contested trials, mediations, and post-judgment modifications, we represent clients across Volusia, Flagler, and Central Florida.
Our Areas of Family Law We Handle attorneys
Experienced advocates for your case.