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What Does a Family Lawyer Do? Six Types of Cases Explained

What Does a Family Lawyer Do? Six Types of Cases Explained

Most people picture a family lawyer standing in a courtroom arguing a divorce. That is part of the job, but only part. A family lawyer handles the legal side of forming a family, ending one, and protecting the people in it. That covers divorce, but also parenting plans, adoption, prenuptial agreements, dependency cases, and domestic violence injunctions.

At Frank Family Law Practice, family law is the only thing we do. Our attorneys serve clients from offices in Orlando, Winter Park, and Altamonte Springs. Here are the six kinds of cases we see most often, and a short guide to telling whether your situation calls for a lawyer at all.

What a Family Lawyer Actually Does

A family lawyer advises you on your rights under Florida law, prepares and files the paperwork the court requires, negotiates with the other side, and represents you at mediation and in hearings. In many cases the lawyer's most valuable work happens outside the courtroom, in reaching an agreement that avoids a trial. When an agreement is not possible, the lawyer presents your case to a judge.

Family cases are civil matters, not criminal ones. They involve spouses, parents, children, and sometimes grandparents or other relatives. The one exception is domestic violence, where a civil injunction case can run alongside a separate criminal case.

1. Divorce

Divorce is the most common family law case. Florida is a no-fault state, so neither spouse has to prove the other did anything wrong. One spouse simply has to tell the court the marriage is irretrievably broken.

The hard questions come after that. Who keeps the house? How is a business valued and divided? What happens to retirement accounts? A family lawyer handles equitable distribution of marital property, and stays involved after the final judgment if a former spouse fails to follow it or circumstances change.

2. Alimony and Spousal Support

Alimony comes up when one spouse earns significantly more than the other, especially after a long marriage. Florida changed its alimony law in 2023 and eliminated permanent alimony. The types that remain are temporary support while the case is pending, bridge-the-gap, rehabilitative, and durational alimony, each with its own limits on length and amount.

Because the rules changed recently, advice from a friend who divorced ten years ago may no longer apply. A family lawyer who works with the current statute can tell you what a realistic outcome looks like.

3. Adoption

Adoption cases include stepparent adoptions, relative adoptions, and adoptions through an agency or private placement. Same-sex couples adopt under the same rules as any other couple in Florida.

The lawyer's job is to make sure consent is handled properly, the biological parents' rights are addressed, and the paperwork is complete before the final hearing. Mistakes at this stage can surface years later, so it pays to get them right the first time.

4. Prenuptial and Postnuptial Agreements

A prenuptial agreement is a contract two people sign before marriage that sets out how property, debts, and support will be handled if the marriage ends. A postnuptial agreement does the same thing after the wedding.

For the agreement to hold up, both people need to disclose their finances fully and sign without pressure. Each spouse having their own lawyer is the best protection against a challenge later.

5. Dependency and DCF Cases

When the Florida Department of Children and Families investigates a report of abuse or neglect, the case can move into dependency court. The judge decides whether a child is safe at home, what a parent must do to keep or regain custody, and in the most serious cases whether parental rights should be terminated.

These cases move fast and the early decisions matter. A family lawyer represents the parent at shelter hearings, arraignment, and the case plan stage, and pushes back when the department's demands go beyond what the law allows.

6. Domestic Violence Injunctions

A domestic violence injunction, often called a restraining order, is a court order that keeps one person away from another. Family lawyers help victims petition for an injunction and prepare for the hearing. They also represent people who have been falsely accused, because an injunction can affect where you live, whether you can own a firearm, and how much time you get with your children.

If you are in immediate danger, call 911 first. Once you are safe, our domestic violence page explains the injunction process in more detail.

How Do I Know If I Need a Family Lawyer?

Not every family matter needs an attorney. A short marriage with no children, no property, and full agreement on everything can sometimes be handled with the court's simplified forms. But the situations below are where people most often regret going it alone.

  • You have children. A parenting plan and time-sharing schedule will govern your life for years. Once a judge signs it, changing it requires proving a substantial change in circumstances.
  • There is a house, a business, or retirement savings. How these are classified and valued decides who walks away with what.
  • Your spouse has already hired a lawyer. An unrepresented person negotiating against an attorney is at a real disadvantage.
  • Someone is asking you to sign something. A settlement agreement, a prenup, or a consent form should be reviewed before you sign, not after.
  • There is any history of violence, addiction, or a DCF report. These change how a judge looks at everything else in the case.
  • You have a court date and do not know what will happen there. That alone is reason enough to talk to someone.

A consultation does not commit you to anything. It gives you a clear picture of where you stand under Florida law and what your options are.

Talk to a Family Lawyer in Central Florida

Frank Family Law Practice handles every kind of case described above from offices in Orlando, Winter Park, and Altamonte Springs. Jennifer Frank is Board Certified in Marital and Family Law by The Florida Bar. If you are facing any of these situations, contact us to schedule a consultation.