Okaloosa County Family Law and Divorce Attorneys

Frequently Asked Questions

How Is Property Divided in a Florida Divorce?

Florida follows equitable distribution, meaning marital assets and liabilities are divided fairly but not necessarily equally. Courts consider factors such as each spouse’s economic circumstances, contributions to the marriage, and whether one spouse intentionally wasted or depleted marital assets. Identifying which assets are marital versus non-marital is often one of the most contested parts of the process, and experienced counsel can make a significant difference in how that line is drawn.

How Does a Florida Court Decide Custody & Time-Sharing?

Florida courts use a best interests of the child standard when establishing a parenting plan and time-sharing schedule. Judges weigh factors including each parent’s relationship with the child, the child’s ties to school and community, the proximity of each parent’s home, and each parent’s willingness to support the other parent’s relationship with the child. Under Florida’s 2023 time-sharing law, there is now a rebuttable presumption that equal time-sharing is in the best interests of the child, meaning either parent can present evidence to overcome that presumption if the circumstances warrant a different arrangement.

What Types of Alimony Are Available in Florida?

Florida eliminated permanent alimony in 2023. The alimony types now available are bridge-the-gap, rehabilitative, durational, and temporary. The type and duration of alimony depends on the length of the marriage and the receiving spouse’s demonstrated financial need. Durational alimony, for example, is capped at a percentage of the length of the marriage based on whether the marriage was short-term, moderate-term, or long-term. Understanding these distinctions early helps set realistic expectations for what a settlement or court order may look like.

Can an Existing Custody or Support Order Be Modified?

Yes, but modification requires showing a substantial and material change in circumstances since the original order was entered. Florida law no longer requires that the change was unanticipated. A change in income, relocation, or a significant shift in the child’s needs can each potentially support a modification petition. Courts don’t revisit prior orders simply because one party is unhappy with the outcome.

Is Mediation Required in Florida Family Law Cases?

In most contested family law cases, Florida courts require mediation before a matter can be set for trial. A mediator doesn’t decide the outcome but facilitates negotiation between the parties to help them reach a voluntary agreement. Having a former Florida Supreme Court Family & County Certified Mediator on our staff gives us a practical understanding of how that process works and how to prepare clients for it effectively.

What Are the Residency Requirements for Filing for Divorce in Florida?

At least one spouse must have resided in Florida for six months before filing. Military members stationed in Florida can generally satisfy this requirement. Florida is a no-fault divorce state, so neither party needs to prove wrongdoing to file. The court’s focus is on equitable distribution of assets and, when children are involved, their best interests.

What Can a Prenuptial Agreement Cover in Florida?

A prenuptial agreement must be in writing and signed by both parties before the marriage takes place. It can address how property will be divided, whether alimony will be paid, and other financial matters. One important limitation: a prenuptial agreement can’t limit or waive a child’s right to support. An attorney can help ensure the agreement is drafted in a way that holds up if it’s ever challenged.