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Frequently Asked Questions
Filing for a divorce or Dissolution of Marriage in the State of Florida involves submitting a petition for dissolution of marriage to the Court, meeting residency requirements, and resolving certain issues like property division, custody, and support. While it can be possible to file on your own, a trained and experienced divorce lawyer can help ensure paperwork is correct, help protect your rights, and handle complex matters like your assets and parenting plans for child custody issues.
Divorce lawyer costs in Florida vary widely, however many lawyers offer payment plans and flat fees. Generally, uncontested cases are lower than contested divorces. Many attorneys charge hourly rates or offer flat fees for simpler cases. Hiring a lawyer is often worth it and the best choice when there are disputes over property, alimony, or children, as they can help you secure the best outcome and avoid legal pitfalls.
The duration of a divorce in Florida typically ranges from 30 days to about 18 months depending primarily on whether the process is contested or uncontested, depending upon whether the parties agree, there are children involved and how quickly the paperwork is filed and there is a response.
The law does not automatically favor Mothers or Fathers based on gender. A Court evaluates factors which include each parent's willingness to honor the time-sharing schedule, who historically handled daily parenting tasks, and the stability of the child's current home, school, and community.
Florida does not set a specific age at which a child can choose. However, a Court may consider a child's preference as one factor among many, particularly as the child gets older and more mature.
A court-ordered Parenting Plan is legally enforceable. If your co-parent is violating the schedule, and denying visits and/or withholding the child, or making unilateral decisions, then you have grounds to file a Motion for Contempt. The court takes such violations seriously and has the authority to find the other party in Contempt, Modify the Parenting Plan, impose sanctions on the offending Parent, require make-up time, and even order the Party in the wrong to pay the other Party’s Attorney’s fees.
Time-sharing refers to where the minor child sleeps on weeknights, weekends, and holidays. Parental responsibility refers to decision-making. In most cases, courts order Shared Parental Responsibility, meaning both parents must cooperate on major decisions like healthcare, education, and religious upbringing, regardless of who has more overnights on the calendar.
Yes, but it requires a formal legal process. To modify an existing Parenting Plan, you must prove there has been a substantial, material change in circumstances since the original order was signed, and that the modification is in the child's best interest.
No. Florida is a No-Fault state, where only One (1) Spouse needs to state that the marriage is “irretrievably broken”. Your spouse does not have to agree, sign the papers, or participate cooperatively. If in fact your spouse refuses to respond after being served, you can request a default judgment and the case proceeds without them.
Not always. If you and your spouse reach a full agreement through negotiation or mediation, the Final Hearing is usually brief and in some Counties, like Broward and Lee County you do not need to go to Court at all.
Generally, anything acquired or earned by either spouse during the marriage is considered Marital Property regardless of whose name is on the title or account. Assets owned before marriage, or inheritances that were kept completely separate, are typically Non-Marital Property and not subject to division.
Yes. You can request a legal name change as part of your divorce proceeding. Once the Court signs the Final Judgment, your name is changed, you just need to update the official legal documentation such as your Social Security card, driver's license, passport, and financial accounts. There is no separate court filing required.
Yes, and this surprises many parents. Because the formula looks at both parents' incomes, if one parent earns significantly more than the other, they will likely still owe support even with an equal overnight split.
Florida takes Non-Payment of Child Support seriously. Non Payment of Child Support tools that are available to the Court include suspending the Non-Paying Parent's driver's license, intercepting state and federal tax refunds. Other available remedies are, suspending the passport, placing liens on property and bank accounts, reporting arrears to credit bureaus, and in serious cases, holding the parent in contempt of court, which can result in jail time.
Yes, but it requires the filing of a Modification Proceeding. To modify an existing order you must show a substantial change in circumstances, that is 15% or more than $50.00 that did not exist at the time of the Original filing,
This is more common than most people expect, particularly with self-employed or business-owning parents. Melissa has experience in discovery, the legal process of obtaining financial records, as well as in presenting evidence of hidden or underreported income to the Court. If you suspect your co-parent is not being honest about their finances, this is exactly the situation where legal representation makes the biggest difference.
Yes, a Domestic Violence Injunction can also protect against your children if necessary. If your children are at risk or have witnessed domestic violence, you can include them in your Petition. The court then may add can add specific protections for them as well in order to keep your children safe.
You are not required to have one, however, having an Attorney significantly improves your chances at the Hearing, where the other side may also be represented. Melissa handles both sides of these cases, from representing the party who is seeking protection, to the party who is defending the Petitions.
Call 911 immediately. Law enforcement can arrest the Person in Violation immediately. Violating an injunction is a criminal offense in Florida and can result in jail time, even for a first violation. Make sure to document the violation, the time, the date and what happened and get a copy of the Police Report, but most important, stay safe!
Unfortunately, Protection Orders / Injunction for Domestic Violence are sometimes misused during contentious Divorces and/or Custody Disputes. If a Temporary Injunction has been served against you based on false or exaggerated claims, do not contact the other party, as doing this may in fact violate the Order. Contact our office, and Melissa will prepare you for the upcoming Hearing, help you gather evidence that contradicts the allegations, and help you protect your rights, your record, and your relationship with your children.
Yes. If your ex will not consent to a Modification and still believe it is warranted, you can file a Supplemental Petition for Modification. This is precisely the situation where having Melissa represent you makes the greatest difference.
A Modification requiring a Hearing or Trial typically takes several months, depending on the complexity of the case and the Court's schedule in your county.
There is no hard deadline for filing a Modification Petition as long as the underlying Order is still in effect and circumstances have changed. However, waiting too long after a change in circumstances can weaken your case. File as soon as the qualifying change occurs.
The change must be substantial change in circumstances that was significant, and something that was not foreseeable when the Original Order was signed. Examples such as getting laid off from your job, suffering a permanent medical disability, or a child developing significant new needs all likely qualify. However, voluntarily quitting your job to reduce your support obligation does not. The Court will look closely at each circumstance.
Yes. If your circumstances change or you both agree you want to revise the agreement, you can do so through a postnuptial Agreement. It must be signed by both parties in writing and meet the same standards as the original Prenuptial Agreement.
Generally yes, if it was validly executed under Florida law. Including a choice-of-law clause in the Agreement specifying that Florida law governs it adds an additional layer of protection if you relocate.
Yes. Virtual mediation is now often the standard, widely available and accepted by most Florida Courts. It can be more convenient and less expensive, and for parties in different locations, including Melissa's clients across Boca Raton, Fort Lauderdale, and Fort Myers, often the most practical option.
It is definitely recommended. The Mediator is neutral and cannot give you legal advice or protect your individual rights. Having Melissa by your side ensures you understand what you are agreeing to, and that you do not sign away your rights, and that any agreement reached is in your favor, fair and legally sound. Melissa also prepares you beforehand so you walk into Mediation knowing exactly what to expect.
The Mediator will draft a formal Marital Settlement Agreement or Mediation Agreement. Both parties sign it, it is submitted to the Court, and in most cases it becomes a legally binding court Order without requiring a Trial.
The Mediator files a report with the Court stating that an impasse has been reached. Your case then moves forward in the standard court process toward a hearing or trial. Nothing said or offered during mediation can be used against you in court as it is all confidential.
In Court-ordered Mediation, cost is split based on combined income. In Private Mediation, how the fee is divided is typically negotiated at the start of the process, sometimes equally, sometimes based on income. Melissa can advise you on what is customary in your specific situation.
Client Reviews
I cannot thank you enough for all the work you did to get this resolved for us. It is quite a relief and I am very grateful that we crossed paths! You've been absolutely...
I just want to say thank you so much for everything! You were really a pleasure and I really felt heard and understood by you which means so much to me! I I just wanted...
Melissa thank you, thank you, and thank you again. I am so happy and sincerely appreciate you for everything! I am so grateful for your representation. You got my divorce...
Melissa thank you again, I am so happy and sincerely appreciate you for everything. I am so thankful you were my lawyer on my divorce case. Melissa is a great family...
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