FAQ

Frequently Asked Questions

If you’re dealing with divorce or a family law issue, it’s completely normal to have a long list of questions and not know where to start. This page is a hub for our Florida divorce FAQs and other common family law questions Florida families ask when they’re trying to make smart decisions and reduce stress.

You’ll see topics below for everything from the Florida divorce process questions people ask most often to child-related concerns and mediation. If you’re in Central Florida, you’ll also find answers to many Orlando divorce questions we hear every week.

One quick note: these FAQs are general information and aren’t legal advice. If you want guidance for your specific situation, we’re happy to talk through your options during a consultation.

Location & Hours

Where are you located?

We are based in Florida and handle matters throughout the state. Our practice has locations in Orlando, Jacksonville and Mount Dora.

Do I need to come into an office, or can everything be handled virtually?

Most matters can be handled virtually. Meetings, document review, and communication can all be done securely online. If an in-person meeting is needed, that can be arranged, but many clients prefer the flexibility of a virtual process.

What are your office hours?

9-5 Monday through Thursday with limited availability on Fridays.

How quickly can I speak with someone?

Initial consultations are scheduled based on availability. If your situation is time-sensitive, that can be communicated when reaching out.

Consultations

How are your legal fees structured?

Fee structure is determined on a case-by-case basis and is in compliance with The Florida Bar rules.

How do I prepare for my consultation?

Bring a general understanding of your situation, key questions, and any relevant documents if available. You don’t need to have everything organized. Clarity will come through the conversation.

How long does a consultation typically last?

Consultations are 30 minutes to allow enough time to understand your situation and provide meaningful guidance, without overwhelming you.

Will I receive legal advice during the consultation?

Because we will not know all the required details to provide specific legal advice for your unique situation, we will discuss how Florida law handles typical issues that may present in your case.

Do both spouses attend the same consultation?

No. Each party should have independent legal counsel to ensure their interests are fully represented.

What happens after the consultation?

You’ll have a clearer understanding of your options. From there, you can decide whether to move forward and what approach makes the most sense for your situation.

How soon can I get started after meeting with you?

If you decide to move forward, next steps can begin shortly after the consultation, depending on the specifics of your case.

Fees & Costs

What should I expect during an initial consultation?

The consultation is a focused conversation about your situation, your goals, and the legal framework that applies. You’ll gain clarity on your options and what the process may look like moving forward.

Do you require a retainer?

Most matters require an initial deposit, which is applied toward future work on your case.

What factors affect the total cost of a divorce?

Cost is influenced by factors such as the level of conflict, complexity of assets, custody issues, and how efficiently decisions are made.

Is it possible to control or reduce legal costs?

Yes. Clear communication, organized information, and a willingness to resolve issues when appropriate can help manage overall costs.

Are payment plans available?

Payment structures can be discussed during the consultation to determine what is appropriate for your situation.

Will the court ever require the other party to pay my attorney’s fees?

In some cases, Florida courts may consider financial disparities between parties when awarding attorney’s fees. This depends on the specifics of the case.

What happens if my case becomes more complex than expected?

The approach will adjust as needed. You’ll be informed of any changes that may impact the scope or direction of your case.

Do you accept payment plans?

Payment options can be discussed so you understand what to expect moving forward.

Divorce

How do I know if I’m ready to file for divorce?

That decision is personal. From a legal standpoint, the requirement in Florida is that the marriage is irretrievably broken.

What is the process for filing for divorce in Florida?

The process begins with filing a petition, followed by financial disclosures, negotiation or mediation, and resolution of key issues before finalization.

How long does a divorce typically take?

Timelines vary. Some matters resolve relatively quickly, while others take longer depending on complexity and level of agreement.

What is the difference between contested and uncontested divorce?

An uncontested divorce involves agreement on all major issues. A contested divorce involves disputes that require negotiation, mediation, or court involvement.

Do I have to go to court?

Not always. Many cases are resolved through negotiation or mediation. However, court may be necessary if issues cannot be resolved.

What issues need to be resolved before a divorce is finalized?

Key issues include division of assets and debts, support, and, if applicable, parenting plans and child support.

Can a divorce be settled without a trial?

Yes. Most cases are resolved without trial through structured negotiation and mediation.

Do you handle property division?

Yes, we handle property division and work toward equitable outcomes.

Do you handle asset discovery?

Yes, we assist with uncovering and understanding marital assets.

Do you handle alimony modifications?

Yes we handle alimony modifications when the statutory factors for modification are present.

Do you handle enforcement actions?

Yes, we take action when court orders are not being followed.

Do you handle contempt cases?

Yes, we handle contempt cases and help enforce existing agreements.

Do you handle emergency motions?

Yes, we handle emergency motions when immediate action is needed.

Do you handle prenuptial agreements?

Yes, we can assist with prenuptial agreements and help you plan ahead with clarity.

Do you handle postnuptial agreements?

Yes, we handle postnuptial agreements when circumstances change during a marriage.

Mediation

Is mediation required in Florida divorce cases?

In most cases, courts require mediation before trial to encourage resolution.

What happens during mediation?

Both parties work with a neutral mediator to try to reach agreements on outstanding issues in a structured setting.

Do I still need a lawyer if I go to mediation?

If you will need legal advice during the mediation, you will need a lawyer. If you don’t need legal advice, you can attend mediation without a lawyer.

What if we can’t reach an agreement in mediation?

If no agreement is reached, the case may proceed through litigation.

Is mediation legally binding?

Agreements reached in mediation can become binding once properly documented and approved.

How long does mediation usually take?

It can vary from a single session to multiple sessions, depending on the complexity of the issues.

When is mediation not appropriate?

In situations involving significant power imbalance, lack of transparency, or safety concerns, alternative approaches may be necessary.

Do you handle mediation representation?

Yes, we represent clients during mediation to help reach fair agreements.

Do you offer collaborative law?

Yes, we offer collaborative law as an alternative to traditional litigation.

Custody

How does Florida determine custody and time-sharing?

Florida courts focus on the best interests of the child, considering multiple factors related to stability, involvement, and well-being.

What does “shared parental responsibility” mean?

It generally means both parents retain decision-making responsibilities for major aspects of the child’s life.

Can one parent be denied time-sharing?

It is uncommon, but possible in situations where it is necessary to protect the child’s well-being.

How are parenting plans created?

Parenting plans are developed through agreement or, if necessary, determined by the court based on the child’s best interests.

What if we can’t agree on a parenting plan?

If agreement isn’t reached, the court will decide based on statutory factors.

Can custody arrangements be modified later?

Yes, but modifications require a substantial and materials change in circumstances and must be in the child’s best interests.

What factors does the court consider when deciding what’s best for the child?

The court evaluates factors such as each parent’s involvement, stability, communication, and the child’s needs.

Do you handle parenting plans?

Yes, we create parenting plans that reflect the best interests of your children.

Do you handle timesharing disputes?

Yes, we handle timesharing disputes and work toward practical, workable solutions.

Do you handle custody modifications?

Yes, we handle custody modifications when life changes require an update.

Do you handle grandparent rights?

We can discuss grandparent rights and what options may be available.

Do you handle relocation cases?

Yes, we handle relocation and move-away cases that impact parenting plans.

Do you handle move-away cases?

Yes, we help navigate move-away requests and related legal requirements.

Do you handle paternity cases?

Yes, we handle paternity cases and help establish legal rights and responsibilities.

Do you help establish paternity?

Yes, we help establish paternity so you can move forward with certainty.

Child Support

How is child support calculated in Florida?

Child support is calculated using state guidelines that consider income, time-sharing, and certain expenses.

What factors affect the amount of child support?

Income, number of children, healthcare costs, childcare expenses, and time-sharing all play a role.

How are expenses like healthcare and childcare handled?

These are typically factored into the overall support calculation and allocated between the parties.

Can child support be modified?

Yes, if there is a substantial change in circumstances.

What happens if one parent doesn’t pay child support?

There are enforcement mechanisms available through the court and state agencies.

Does time-sharing affect child support?

Yes. The amount of time each parent spends with the child can impact the calculation.

When does child support end?

Typically, support ends when the child reaches 18, with some exceptions.

Do you handle child support modifications?

Yes, we assist with child support modifications based on changing circumstances.

Other Family Law Matters

Do you handle domestic violence cases?

No, we do not handle domestic violence cases and refer them to other legal professionals.

Do you help with injunctions?

No, we do not handle injunctions and refer them to other legal professionals.

Do you handle guardianship cases?

No, we do not handle guardianship matters and refer them to other legal professionals.

Do you handle adoption cases?

No, we do not take adoption cases and refer them to other legal professionals.

Do you handle stepparent adoption?

No, we do not handle stepparent adoptions and refer these matters to other legal professionals.

Miscellaneous

What should I do first if I’m considering divorce?

Start by gathering information and understanding your situation. Getting clear guidance early can help you avoid missteps.

What documents should I start gathering?

Financial records, tax returns, account statements, and any relevant legal documents are a good starting point.

Can I move out of the house before the divorce is finalized?

You can, but it’s important to understand how that decision may impact your situation before doing so.

How is property divided in Florida?

Florida follows equitable distribution, meaning assets and debts are divided fairly, though not always equally.

What happens to retirement accounts in a divorce?

Retirement accounts may be divided, often requiring specific legal processes to do so properly.

Will my case go to trial?

Most cases do not, but preparation for all outcomes is important.

How do I protect myself during the divorce process?

Stay organized, avoid reactive decisions, and seek clear legal guidance before making major moves.