Frequently Asked Questions About Florida Family Law

In Florida, an uncontested divorce can be finalized in as little as 4–6 weeks from the date of filing. Florida has a mandatory 20-day waiting period after filing before a divorce can be granted. Contested divorces - those involving disputes over assets, custody, alimony, or other issues - typically take 6 months to over a year, depending on the complexity of the case, the court's schedule in Palm Beach County, and whether mediation successfully resolves some or all issues. Every case is different, and Marc M. Cohen can provide a more specific timeline after reviewing your situation.

The cost of divorce varies significantly based on whether the case is contested or uncontested. An uncontested divorce where both parties agree on all major issues is considerably less expensive than a contested case requiring extensive discovery, depositions, mediation, and trial. During your free initial consultation, Marc M. Cohen, P.A. will discuss fee structures and provide a realistic estimate based on the specifics of your case. We are committed to transparent billing and will work to resolve your case as efficiently as possible.

Florida courts determine timesharing (custody) based on the best interests of the child. The court evaluates more than 20 statutory factors, including each parent's capacity to provide a stable environment, the moral fitness of each parent, the child's relationship with each parent, the willingness of each parent to facilitate the child's relationship with the other parent, and the child's preference (if the child is mature enough). Florida law presumes that shared parental responsibility - where both parents retain decision-making authority - is in the child's best interest.

Equitable distribution is the process by which Florida courts divide marital assets and liabilities during a divorce. Florida is not a community property state, so assets are not automatically split 50/50. Instead, the court considers factors such as each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, any interruption of careers or education, and the intentional dissipation of marital assets. The goal is a fair division, which may or may not be equal depending on the circumstances.

Florida recognizes several types of alimony: bridge-the-gap alimony (short-term, up to two years, to help transition from married to single life), rehabilitative alimony (support while a spouse obtains education or training to become self-supporting), and durational alimony (support for a set period not exceeding the length of the marriage). Following the 2023 alimony reform (SB 1416), permanent alimony has been eliminated for divorces filed after July 1, 2023. The type and amount of alimony awarded depends on the length of the marriage, each party's needs and ability to pay, and other statutory factors.

While Florida law does not require you to have a lawyer for divorce, having experienced legal representation is strongly recommended - especially when children, significant assets, real estate, retirement accounts, or alimony are involved. Mistakes made during the divorce process can have long-lasting financial and custodial consequences. An attorney can protect your rights, ensure you receive a fair division of assets, and help navigate complex legal procedures. Marc M. Cohen, P.A. offers free initial consultations to help you understand your options.

An uncontested divorce occurs when both spouses agree on all major issues - property division, alimony, child custody, and child support. These cases can be resolved relatively quickly and at lower cost. A contested divorce arises when spouses cannot agree on one or more issues. Contested cases require more legal work, including discovery, depositions, mediation, and potentially a trial. Many cases that start as contested are eventually settled through negotiation or mediation before trial.

Florida uses an income-shares model for calculating child support. The calculation considers both parents' net incomes, the number of children, the number of overnights each parent has, the cost of health insurance for the children, and childcare costs. Parents with more than 20% of overnights (73+ nights per year) receive an adjustment to the support amount. The court may deviate from guidelines in cases involving extraordinary expenses, special needs children, or other factors. Marc Cohen's financial background helps ensure accurate income analysis in complex cases.

Yes. In Florida, custody (timesharing) and child support orders can be modified if there has been a substantial, material, and unanticipated change in circumstances since the last order was entered. Common reasons for modification include a significant change in income, relocation, changes in the child's needs, or a parent's failure to follow the existing order. For child support, the modification must result in at least a 15% or $50 change in the monthly obligation. Contact Marc M. Cohen, P.A. to discuss whether your circumstances warrant a modification.

A parenting plan is a required document in every Florida custody case that details how parents will share time and responsibilities for their children. It must include a daily timesharing schedule, a holiday and school break schedule, how parents will communicate about the children, who will be responsible for healthcare and education decisions, and methods for resolving disputes. Parenting plans can be agreed upon by the parents or, if they cannot agree, established by the court based on the children's best interests.

Florida allows individuals to seek a domestic violence injunction when they are the victim of domestic violence or have reasonable cause to believe they are in imminent danger of domestic violence. The petitioner must have a qualifying relationship with the respondent - such as spouse, former spouse, person related by blood or marriage, cohabitant, former cohabitant, or person with whom they share a child. The court can issue a temporary injunction immediately and then hold a hearing within 15 days for a final injunction.

A prenuptial agreement is a legally binding contract between prospective spouses that establishes how assets, debts, and other financial matters will be handled if the marriage ends. You may want a prenuptial agreement if you own a business, have significant pre-marital assets, are entering a second marriage, expect to receive an inheritance, or want to protect yourself from a spouse's debts. A well-drafted prenup provides clarity and can significantly reduce conflict in the event of divorce.

Mediation is a process where a neutral third party (the mediator) helps divorcing or disputing parties reach agreements on their own. In most Florida family law cases, mediation is required before a trial can be scheduled. Mediation is confidential, typically less expensive than litigation, and gives parties more control over the outcome. Marc M. Cohen is a Florida Supreme Court Certified Family Law Mediator with over 20 years of mediation experience, making him uniquely qualified both as a mediator and as an attorney representing clients in mediation.

Florida is a no-fault divorce state, meaning you do not need to prove wrongdoing by your spouse (such as adultery or abuse) to obtain a divorce. You only need to show that the marriage is "irretrievably broken" - that it cannot be saved. While fault is not required to obtain a divorce, certain misconduct (such as dissipation of marital assets) can be relevant to issues like equitable distribution and alimony.

In Florida, unmarried fathers do not automatically have legal rights to their children. To establish parental rights - including the right to seek custody/timesharing and decision-making authority - paternity must first be legally established. This can be done through a Voluntary Acknowledgment of Paternity signed at the hospital, or through a court proceeding that may include DNA testing. Once paternity is established, the father can petition for timesharing and parental responsibility.

To make the most of your initial consultation, bring any relevant documents including: your marriage certificate, any existing court orders or agreements, recent tax returns (2-3 years), pay stubs and proof of income for both parties, bank and investment account statements, property records, a list of debts, and any correspondence related to your case. Even if you don't have all these documents, don't delay scheduling a consultation - Marc M. Cohen, P.A. can guide you on what's needed as your case progresses.