Frequently Asked Questions
Answers to common questions about Florida marital and family law — divorce, custody and timesharing, alimony, mediation, collaborative practice, and appeals. For guidance on your specific circumstances, contact our office.
Family Litigation
Learn more →- What family law matters does the firm litigate?
- Divorce, paternity, alimony and support, child support, parental responsibility and timesharing, equitable distribution, domestic violence injunctions, post-judgment modification and enforcement, and attorney's fee claims.
- Will my case go to trial?
- Most contested family cases in Broward County resolve at mediation before trial. We prepare every case as if it will be tried, which is what produces acceptable settlement terms.
- How long does contested family litigation take?
- A contested case in Broward County typically takes eight to twenty-four months from filing to final judgment, depending on the complexity of the financial and parenting issues and the court's calendar.
- Can litigation be avoided?
- Often, yes. Mediation, the collaborative process, and presuit settlement resolve most of our matters. We are direct with clients about which process fits their case.
Domestic Violence
Learn more →- How fast can I get a restraining order in Florida?
- A judge reviews a petition for a temporary injunction the same day it is filed, usually without the other party present. A full hearing with both parties is scheduled within fifteen days.
- What does a domestic violence injunction do?
- It can order no contact, remove a party from a shared residence, award temporary exclusive use of the home, establish temporary timesharing and support, and require surrender of firearms.
- Does an injunction affect custody?
- Yes. A domestic violence injunction or conviction is a statutory factor in the best-interests analysis under Fla. Stat. § 61.13 and can support a restriction on timesharing or parental responsibility.
- Can a false petition be defended?
- Yes. The petitioner bears the burden of proving the statutory elements at the final hearing. Petitions filed for tactical advantage in a divorce can and do fail on cross-examination of the evidence.
Modification & Enforcement
Learn more →- What qualifies as a 'substantial change in circumstances'?
- A change that is significant, material, involuntary, and permanent — such as an involuntary job loss, a serious health event, or a substantial shift in a child's needs. Temporary or voluntary changes generally do not qualify.
- Can a parenting plan be modified?
- Yes, on a showing of a substantial, material, and unanticipated change and proof that modification is in the child's best interest. The 2023 amendments to § 61.13 eased the standard for modifying timesharing in some circumstances.
- What happens if my ex stops paying support?
- The court can enforce through contempt, income deduction orders, interception of tax refunds, license suspension, and judgments for arrears with interest.
- Can property division be changed after the divorce?
- Generally no — equitable distribution is final. Limited exceptions exist for fraud, clerical error, and assets that were not addressed in the judgment.
- Do I need an attorney for a modification?
- Modification and contempt proceedings carry strict procedural and evidentiary requirements, and the losing party may be ordered to pay the other side's fees. Experienced counsel materially affects the outcome.
Parenting Coordination
Learn more →- What does a parenting coordinator do?
- A parenting coordinator helps parents implement an existing parenting plan and resolve day-to-day disputes — schedules, exchanges, activities, communication — without returning to court for every disagreement.
- Is parenting coordination confidential?
- Generally yes, with statutory exceptions — primarily threats of harm to a child or another person. A parenting coordinator may report to the court as authorized by the appointment order.
- Can the court order parenting coordination?
- Yes. The court may appoint a parenting coordinator on motion of a party or its own motion where the parents have a parenting plan and ongoing conflict that harms the child.
- Who pays for parenting coordination?
- The court allocates the cost between the parents, typically in proportion to their respective incomes, unless the parties agree otherwise.
- How is parenting coordination different from mediation?
- Mediation resolves the case itself — the underlying dispute. Parenting coordination addresses ongoing disputes after a parenting plan is in place, and can continue over months or years.
Divorce
Learn more →- How long does a divorce take in Florida?
- An uncontested divorce in Broward County typically resolves in 30 to 90 days after filing. Contested cases generally take eight to twenty-four months, and complex financial or custody matters can extend longer depending on discovery and court scheduling.
- Does Florida require a reason for divorce?
- No. Florida is a no-fault state. The petitioner only needs to allege that the marriage is irretrievably broken. Fault can still affect issues like alimony or parenting in limited circumstances.
- Do I have to go to court?
- Most Florida divorces resolve through negotiation, mediation, or the collaborative process without a contested trial. A brief final hearing is generally required to enter the judgment even when the case is fully settled.
- How is property divided?
- Florida follows equitable distribution. Marital assets and debts are divided fairly — which usually, but not always, means equally. Non-marital property remains with the original owner.
- Can we use the same attorney?
- No. A single lawyer cannot represent both spouses. One spouse may proceed unrepresented, but each party is entitled to independent counsel.
- How much does a divorce cost in Broward County?
- Cost in a Broward County divorce depends on how much of the case is contested. An uncontested dissolution with a written marital settlement agreement is the least expensive path, while contested matters involving business valuation, forensic accounting, or a timesharing trial cost substantially more because they require discovery, experts, and court time. Birnbaum, Lippman & Gregoire discusses fee structure and likely cost drivers at the outset of every engagement.
- Is Florida a 50/50 divorce state?
- Florida is an equitable distribution state, not a community property state. Under Fla. Stat. § 61.075, courts begin with the premise that marital assets and liabilities should be divided equally, then adjust based on statutory factors such as each spouse's economic circumstances, contributions to the marriage, interruption of a career, and intentional dissipation of assets. An equal split is the starting point, not a guaranteed result.
- What is the difference between a contested and an uncontested divorce in Florida?
- An uncontested Florida divorce means both spouses agree on every issue — property division, alimony, timesharing, and child support — and sign a marital settlement agreement and, if there are children, a parenting plan. A contested divorce means at least one issue remains unresolved, which triggers mandatory financial disclosure, discovery, court-ordered mediation, and potentially trial before a circuit judge.
- Do I need a lawyer to file for divorce in Florida?
- Florida does not require an attorney to file for dissolution of marriage, and simplified dissolution exists for couples with no children and full agreement. Representation matters most when there are minor children, a business or professional practice, retirement or deferred compensation, real property, or an alimony claim, because those rights are difficult to reopen once a final judgment is entered.
Complex Divorce & Financial Matters
Learn more →- How are businesses valued in a Florida divorce?
- A qualified valuation expert selects a method — income, market, or asset approach — based on the business type. The valuation date is typically the date of filing, though the court may select a different date in equity.
- What is 'enterprise goodwill' versus 'personal goodwill'?
- Enterprise goodwill attaches to the business and is a marital asset subject to division. Personal goodwill attaches to the individual professional and is generally excluded from equitable distribution.
- Are trusts protected in a divorce?
- It depends on the trust structure, funding source, and how distributions have been treated during the marriage. A properly drafted third-party trust may be excluded, but commingling and beneficiary control can change the analysis.
- How is executive compensation handled?
- Restricted stock, options, RSUs, and deferred compensation are analyzed for the portion earned during the marriage and often divided using a coverture-style formula.
- Can filings be kept confidential?
- Financial affidavits and certain filings can be sealed for good cause. We routinely negotiate confidentiality orders in high-asset matters and structure discovery to limit unnecessary exposure.
- How is a closely held business divided in a Florida divorce?
- The business itself is rarely split. A valuation expert determines the value of the marital interest using an income, market, or asset approach, and the court then awards the business to the operating spouse while offsetting the other spouse's share with other assets or a structured equalizing payment. Documentation of pre-marital value, capital contributions, and owner compensation drives the outcome.
- What is dissipation of marital assets in Florida?
- Dissipation occurs when one spouse intentionally wastes, depletes, or transfers marital assets for a purpose unrelated to the marriage after the marriage is irretrievably broken — gambling losses, gifts to a third party, or hidden transfers, for example. Under Fla. Stat. § 61.075(1)(i), a court may assign the dissipated value to the responsible spouse as part of equitable distribution.
- Can a spouse hide assets in a Florida divorce?
- Florida requires mandatory financial disclosure under Family Law Rule 12.285, and concealment carries serious consequences including sanctions, fee awards, and reopening of a judgment. Where concealment is suspected, counsel uses subpoenas to financial institutions, lifestyle analysis, tracing of transfers, and forensic examination of business records to reconstruct the true marital estate.
Parental Responsibility & Timesharing
Learn more →- Does Florida presume 50/50 timesharing?
- As of the 2023 amendment to § 61.13, there is a rebuttable presumption that equal timesharing is in the best interest of the minor child. That presumption can be overcome by a preponderance of the evidence based on the statutory factors.
- What is a parenting plan?
- A parenting plan is a court-approved written document that governs how parents share responsibility for a minor child. It addresses decision-making, timesharing, communication, transportation, and dispute resolution.
- Can a parenting plan be modified?
- Yes, on a showing of a substantial, material, and unanticipated change in circumstances and a demonstration that modification is in the child's best interest.
- What is a parenting coordinator?
- A neutral third party appointed by the court to help parents implement their plan and resolve day-to-day disputes without repeated court intervention.
- How is relocation handled?
- Any move of more than 50 miles for 60 consecutive days or more is governed by Fla. Stat. § 61.13001 and requires either the other parent's written consent or court approval.
- At what age can a child choose which parent to live with in Florida?
- There is no age at which a Florida child can decide where to live. A child's reasonable preference is one of the statutory best-interest factors under Fla. Stat. § 61.13, and the court may consider it if it finds the child has sufficient intelligence, understanding, and experience to express a preference. The judge, not the child, decides the timesharing schedule.
- How is a parenting plan enforced in Broward County?
- A parenting plan is a court order. When a parent withholds timesharing, the other parent may file a motion for contempt and enforcement, and the court can award make-up timesharing, attorney's fees, court costs, and in repeated cases modify the schedule. Documenting each missed exchange in writing strengthens an enforcement action.
- What is a parenting coordinator?
- A parenting coordinator is a court-appointed neutral who helps high-conflict parents implement their parenting plan — resolving day-to-day scheduling and communication disputes without returning to court. Florida authorizes the appointment under Fla. Stat. § 61.125, and firm attorneys work with registered parenting coordinators in Broward County.
Child Support
Learn more →- How is child support calculated in Florida?
- The court combines both parents' net monthly income, applies the statutory guideline chart based on the number of children, and adjusts for health insurance, uncovered medical, childcare, and the number of overnights each parent has.
- Can income be 'imputed' to a parent?
- Yes. If a parent is voluntarily unemployed or underemployed, the court can impute income based on recent work history, occupational qualifications, and prevailing local earnings.
- How long does child support last?
- Child support in Florida generally continues until the child turns 18, or 19 if the child is still in high school and expected to graduate. It may continue for a dependent adult child with a disability.
- Can child support be modified?
- Yes, on a substantial change in circumstances that produces at least a 15% or $50 change in the guideline amount, whichever is greater.
- What if the other parent won't pay?
- Enforcement remedies include income deduction orders, contempt, license suspension, tax refund interception, and other statutory tools.
- How is child support calculated in Florida?
- Florida uses an income-shares model. Both parents' net monthly incomes are combined and applied to the statutory guideline schedule in Fla. Stat. § 61.30 to determine the total support obligation, which is then apportioned between the parents by income share and adjusted for the number of overnights, health insurance premiums, and work-related childcare. The result is presumptively the correct amount.
- Does 50/50 timesharing eliminate child support in Florida?
- No. Equal timesharing reduces but does not eliminate a support obligation when the parents' incomes differ. The guideline gross-up calculation applies whenever a parent exercises at least 20 percent of the overnights, and the higher earner typically still pays support so the child experiences a comparable standard of living in both households.
- Can Florida child support be modified?
- Yes. Either parent may petition to modify support when there is a substantial, permanent, and involuntary change in circumstances — commonly a change in income, a change in the timesharing schedule, or a change in childcare or insurance costs. Florida generally requires that the recalculated amount differ by at least 15 percent or $50 per month, whichever is greater.
Alimony & Spousal Support
Learn more →- Does Florida still have permanent alimony?
- No. Permanent alimony was eliminated by SB 1416, effective July 1, 2023. Existing permanent alimony awards remain governed by their original terms.
- How is the length of alimony determined?
- Durational alimony is capped at 50% of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years), and 75% of a long-term marriage (20+ years), with limited exceptions.
- Can alimony be modified?
- Yes, on a showing of a substantial, material, involuntary, and permanent change in circumstances — subject to any non-modification language in the original agreement.
- Does cohabitation end alimony?
- A supportive relationship, as defined by Fla. Stat. § 61.14, can reduce or terminate alimony. The burden is on the obligor to prove the elements.
- Is alimony taxable?
- For orders entered after 2018, alimony is not deductible by the payor and not includable in the recipient's income for federal tax purposes. Orders entered earlier may still follow the prior tax treatment.
- Did Florida eliminate permanent alimony?
- Yes. Effective July 1, 2023, Florida eliminated permanent alimony for cases pending or filed after that date. Courts may still award temporary, bridge-the-gap, rehabilitative, and durational alimony, but every award now has a defined endpoint tied to the length of the marriage and the statutory factors in Fla. Stat. § 61.08.
- How long does alimony last in Florida?
- Durational alimony length is capped by the length of the marriage: generally no more than 50 percent of the marriage for a short-term marriage (under 10 years), 60 percent for a moderate-term marriage (10 to 20 years), and 75 percent for a long-term marriage (20 years or more). Bridge-the-gap alimony is capped at two years and rehabilitative alimony at five.
- Can alimony be modified or terminated in Florida?
- Durational and rehabilitative alimony may be modified on a substantial change in circumstances, and alimony terminates on the death of either party or the recipient's remarriage. Under Fla. Stat. § 61.14, a payor may also seek reduction or termination based on a supportive relationship, or on retirement at a reasonable age given the payor's occupation and health.
Equitable Distribution
Learn more →- Is Florida a community property state?
- No. Florida is an equitable distribution state. Marital assets are divided fairly, which is presumed to be equally unless a party proves that unequal distribution is justified.
- What is the cutoff date for marital property?
- The default cutoff is the date the petition for dissolution is filed, though the court may select an earlier date if the parties have been separated or a later date in equity.
- How is the home divided?
- The marital home can be sold with proceeds divided, awarded to one spouse with a buyout, or retained temporarily for the children with a deferred sale.
- What about debt?
- Marital liabilities are divided along with marital assets. Debt incurred for a non-marital purpose or without the other spouse's knowledge may be assigned entirely to the incurring spouse.
- What counts as a marital asset in Florida?
- Marital assets are those acquired by either spouse during the marriage regardless of whose name is on title, including wages, retirement contributions earned during the marriage, real property, and the enhancement in value of a non-marital asset resulting from marital labor or funds. Assets owned before the marriage, and gifts or inheritances received by one spouse alone may be classified as non-marital.
- Is a retirement account divided in a Florida divorce?
- The portion of a 401(k), pension, or IRA accumulated during the marriage is a marital asset subject to equitable distribution, while contributions and their passive growth from before the marriage generally are not. Employer plans are typically divided by a Qualified Domestic Relations Order, which directs the plan administrator to create a separate interest for the receiving spouse.
- Who keeps the house in a Florida divorce?
- There is no automatic rule. The marital home may be sold with the net proceeds divided, awarded to one spouse with an offsetting share of other assets, or retained temporarily under an award of exclusive use and possession — most often to the parent exercising majority timesharing so the children can remain in the same school. Refinancing capacity usually drives the practical outcome.
Paternity
Learn more →- Do unmarried fathers have automatic parental rights in Florida?
- Yes. Florida law now makes both parents natural guardians if the Father's name is on the birth certificate.
- What does a paternity action decide?
- Legal fatherhood, timesharing, parental responsibility, child support, and — where appropriate — the child's surname.
- Can paternity be disestablished?
- In limited circumstances, under Fla. Stat. § 742.18, based on newly discovered evidence and provided statutory procedural requirements are met.
- How is genetic testing handled?
- The court can order genetic testing on a party's motion. Results carry a statutory presumption of paternity above a specified probability threshold.
- Can paternity cases be mediated?
- Yes. Parenting and support issues are routinely mediated, and Broward County will typically refer contested paternity cases to mediation before trial.
- Does signing the birth certificate establish paternity in Florida?
- Signing the birth certificate, or a voluntary acknowledgment of paternity, establishes legal fatherhood for support purposes but does not by itself grant enforceable timesharing or parental responsibility. An unmarried father must file a paternity action and obtain a court-ordered parenting plan to secure a legally enforceable schedule with his child.
- Can a father get 50/50 timesharing in a Florida paternity case?
- Yes. Once paternity is established, the same best-interest standard and the same rebuttable presumption of equal timesharing under Fla. Stat. § 61.13 apply in a paternity case as in a divorce. The court evaluates the statutory factors — the child's routine, each parent's involvement, geography, and the parents' ability to co-parent — rather than the parents' marital status.
- How far back can retroactive child support go in Florida?
- Under Fla. Stat. § 61.30(17), a Florida court may award retroactive child support for up to 24 months preceding the filing of the petition, based on the parents' incomes during that period. Courts may allow the retroactive amount to be paid over time and will credit actual support already provided.
Prenuptial, Postnuptial & Cohabitation Agreements
Learn more →- Are prenuptial agreements enforceable in Florida?
- Yes, provided they are executed in writing, entered voluntarily, and either supported by fair financial disclosure or waived after opportunity to obtain disclosure.
- How long before the wedding should a prenup be signed?
- There is no statutory minimum, but signing well in advance — ideally 30 days or more — reduces the risk of a later voluntariness challenge.
- Can a prenup waive alimony?
- Yes, though a court will decline to enforce a waiver that would leave a spouse eligible for public assistance.
- What is a postnuptial agreement?
- An agreement entered during the marriage that establishes property and support terms.
- Can a prenup address child support or custody?
- No. Issues concerning minor children are decided by the court at the time of any dispute under the best-interests standard.
- Are prenuptial agreements enforceable in Florida?
- Yes. Florida enforces premarital agreements under Fla. Stat. § 61.079 provided the agreement is in writing, signed, and entered into voluntarily. A challenging spouse must prove the agreement was involuntary, or that it was unconscionable and he or she was not given fair disclosure, did not waive disclosure, and had no adequate knowledge of the other party's finances.
- Can a prenuptial agreement waive alimony in Florida?
- A Florida premarital agreement may modify or waive spousal support entirely. If the waiver would leave one party eligible for public assistance at the time of dissolution, a court may order support to the extent needed to avoid that outcome. Waivers of child support are never enforceable because that right belongs to the child.
- What is a postnuptial agreement?
- A postnuptial agreement is entered after the marriage and addresses the same subjects as a prenuptial agreement — property characterization, alimony, business ownership, and estate rights. Because spouses owe each other a fiduciary duty once married, Florida courts examine postnuptial agreements closely for full financial disclosure and the absence of coercion.
Family Mediation
Learn more →- Is mediation confidential?
- Yes. Communications made during a Florida family mediation are privileged and inadmissible in later court proceedings, with narrow statutory exceptions.
- Is a mediated agreement binding?
- A written Mediated Settlement Agreement signed at the session is binding when it complies with Rule 12.740 of the Florida Family Law Rules of Procedure.
- Do I need an attorney at mediation?
- Not legally, but strongly advised. The mediator is neutral and cannot give either party legal advice. The agreements reached at mediation are typically the final resolution of the case.
- What if we can't reach agreement?
- The mediator reports an impasse to the court and the case proceeds toward trial. Nothing said during mediation is disclosed to the judge.
- Is mediation required before a divorce trial in Florida?
- In practice, yes. Florida circuit courts, including the 17th Judicial Circuit in Broward County, routinely order parties in contested family cases to attend mediation before a final hearing is scheduled. Limited exceptions exist, most notably where there is a history of domestic violence, in which case a party may object to mediation.
- Is a mediated settlement agreement binding in Florida?
- Yes. Once both parties and their counsel sign a mediated settlement agreement, it is an enforceable contract that a Florida court will incorporate into the final judgment. Setting one aside is difficult and generally requires proof of fraud, duress, coercion, misrepresentation, or overreaching, which is why terms should be reviewed carefully before signing.
- What is the difference between mediation and arbitration in a Florida family case?
- A mediator is a neutral facilitator with no power to decide anything; the parties control the outcome and there is no agreement unless both sign. An arbitrator, by contrast, hears evidence and issues a decision. Family mediation is far more common in Florida, is confidential, and preserves each party's right to proceed to trial if no agreement is reached.
Presuit & Collaborative Law
Learn more →- How does collaborative divorce differ from mediation?
- In mediation, a single neutral facilitates a settlement between attorney-represented parties. In collaborative practice, each party has their own attorney and the team includes neutral financial and mental health professionals throughout.
- What happens if collaboration fails?
- The collaborative attorneys are disqualified from representing the parties in later contested litigation. Both parties must retain new counsel to proceed to court.
- Is collaborative divorce cheaper?
- Often, but not always. Collaborative cases avoid contested discovery and multiple hearings, but the neutral professional team adds cost. For appropriate cases, the total is lower.
- Is the process confidential?
- Yes. Communications during the collaborative process are privileged, similar to mediation, under Florida's Collaborative Law Process Act.
- Can any family law issue be handled collaboratively?
- The process is designed for divorce and parenting matters. It can also be used for post-judgment modifications and paternity matters.
- How is collaborative divorce different from mediation?
- Mediation is typically a single session with one neutral, often ordered by a court in the middle of a pending lawsuit. Collaborative divorce is a full alternative process begun before litigation, with a committed team — two collaborative attorneys plus neutral financial and mental health professionals — meeting over a series of sessions, and a written commitment that no one goes to court.
- What happens if a collaborative divorce fails in Florida?
- If the parties cannot reach agreement, the participation agreement's disqualification clause requires both collaborative attorneys to withdraw, and each party must hire new counsel for litigation. Communications made during the collaborative process remain privileged under Fla. Stat. § 61.58. That built-in cost of failure is precisely what keeps the team focused on settlement.
- Is collaborative divorce cheaper than litigation?
- Collaborative divorce is usually less expensive than a contested trial because a single neutral financial professional replaces competing experts and there is no formal discovery or motion practice. It costs more than a simple uncontested filing. The most reliable savings come from privacy, speed, and avoiding the repeat post-judgment litigation that adversarial cases often generate.
Family Law Appeals
Learn more →- How long do I have to appeal a family law order in Florida?
- Typically, thirty days from the rendition of the final order, subject to tolling by an authorized post-trial motion. Some non-final orders have their own time limits.
- What is 'preservation of error'?
- The requirement that an issue be raised in the trial court — through timely objection, motion, or offer of proof — before it can be argued on appeal. Unpreserved issues are rarely reviewable.
- What is the standard of review?
- It depends on the issue. Findings of fact are reviewed for competent substantial evidence; legal conclusions are reviewed de novo; discretionary rulings are reviewed for abuse of discretion.
- Can I get a stay of a family law order pending appeal?
- A stay of a family court order requires a motion first in the trial court and then, if denied, in the appellate court. Stays are discretionary and often conditioned on posting security.
- What happens if I win the appeal?
- The appellate court can affirm, reverse, remand, or issue specific instructions. A reversal usually returns the case to the trial court for further proceedings consistent with the appellate opinion.
- How long do I have to appeal a Florida family law judgment?
- Typically, a notice of appeal must be filed within 30 days of rendition of the final judgment or appealable order. The deadline is jurisdictional, meaning an appellate court cannot extend it, though a timely authorized motion for rehearing can postpone rendition. Anyone considering an appeal should consult appellate counsel immediately after the judgment is entered.
- What is the difference between an appeal and a motion for rehearing?
- A motion for rehearing is filed in the trial court and asks the same judge to correct an error or make required findings, and it can suspend rendition so the appellate clock has not yet started. An appeal is filed in the district court of appeal and asks a panel of appellate judges to review the record for legal error.
- Can new evidence be presented on appeal in Florida?
- No. A Florida appellate court reviews only the record that was made in the trial court — the pleadings, admitted exhibits, and transcripts. New evidence, new witnesses, and arguments never raised below are not considered. This is why preserving objections and ensuring hearings are transcribed matters so much during the trial itself.
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