815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
If you live in Florida and are facing marital difficulties, you might feel like your world is tilting off its axis. You likely have hundreds of questions keeping you up at night. What happens to our house? Who gets the kids on holidays? Is there a specific set of rules we have to follow?
The short answer is yes. Florida has a robust, specific set of statutes governing domestic relations, commonly known as family law. These laws provide the framework for how families restructure themselves during difficult transitions. Whether you're living in a historic home in Winter Park or a new development in Lake Nona, the laws remain the same, but how you navigate them makes all the difference.
Understanding these statutes is the first step toward regaining control of your life. While the legal system can seem intimidating, working with a compassionate family law practice in Orlando Florida can help clarify your options and protect what matters most to you.
Florida family law encompasses much more than just the end of a marriage. It covers the legal relationships between family members and the responsibilities they share.
When most people think of family law, they immediately think of divorce. In Florida, this is legally called "Dissolution of Marriage." If you're considering ending your marriage, speaking with a divorce attorney is vital to ensure you understand your rights before you move out or sign any papers.
However, family law also covers:
This matters because knowing which "bucket" your issue falls into determines which laws apply to your situation. You don't want to rely on advice from a friend who got divorced in New York; Florida statutes are unique.
To make informed decisions, you need to understand the four main pillars of Florida family law that affect married residents the most.
Florida is a "no-fault" divorce state. This means you do not need to prove that your spouse cheated or abandoned you to get a divorce. You simply must state that the marriage is "irretrievably broken." While this removes the need for mudslinging to get the divorce granted, bad behavior can still impact other areas, like the division of assets or alimony.
If you have lived in Florida for a while, you might still use the word "custody." However, Florida law no longer uses the terms "custody" or "visitation." Instead, the courts use the term "time-sharing."
This is a significant shift because it focuses on the child's right to spend time with both parents, rather than treating the child as a possession to be won. Courts generally prefer a shared parenting plan unless it is detrimental to the child.
Florida is an "equitable distribution" state, not a "community property" state. This means that judges divide marital assets fairly, though not always equally (50/50).
Everything you acquired during the marriage—from your retirement accounts to the family car—is generally considered marital property. This distinction matters because trying to hide assets or arguing over who bought the groceries can complicate the process unnecessarily.
Both parents have a financial obligation to support their children. Florida uses a specific formula to calculate child support based on the net incomes of both parents and the number of overnights the child spends with each parent.
Regarding timelines, once a petition for divorce is served, the receiving party generally has 20 calendar days to file a written response to the court. Missing this specific window can result in a default judgment against you, meaning you lose your say in the outcome.
Many couples assume that resolving family law issues means a dramatic, televised-style courtroom battle. Fortunately, that is rarely the reality.
Most cases in Orange and Seminole counties are resolved through mediation or negotiation. Litigation is expensive, stressful, and public. For couples who want to maintain privacy and control over the outcome, collaborative law is an excellent alternative.
Collaborative law allows you and your spouse to work with a team of professionals—including neutral financial experts and mental health facilitators—to reach a settlement outside of the courtroom. This approach is particularly beneficial for families who want to co-parent effectively in the future. It saves you from the stress of fighting traffic on I-4 to get to a hearing downtown, only to have a stranger make decisions about your children.
Choosing a family law practice in Orlando Florida that specializes in collaborative law can save you time, money, and emotional energy.
If your case does go to court, understanding the process can reduce your anxiety. The system is designed to ensure transparency, which is why there are strict rules about financial disclosure.
In Florida, both parties are required to provide full financial disclosure within 45 days of the initial service of the petition. You must exchange tax returns, bank statements, pay stubs, and other financial documents.
Why does this matter? You can't divide what you can't see. This rule prevents one spouse from hiding money and ensures that child support and alimony calculations are accurate.
Before you can see a judge for a trial, most Florida circuit courts require you to attend mediation. This is a meeting with a neutral third party who helps you try to reach an agreement. It is an opportunity to craft your own solutions rather than having them imposed on you by a judge.
Finding the right legal representation is perhaps the most critical decision you will make during this process. you're not just hiring a lawyer; you're hiring someone to help you secure your future.
When looking for a family law practice in Orlando Florida, look for credentials that prove expertise. For example, Board Certification in Marital and Family Law is the highest level of evaluation by The Florida Bar. It identifies lawyers who have special knowledge, skills, and proficiency in this specific field.
You should also look for a firm that knows the local landscape. An attorney familiar with the courts in Altamonte Springs and Orlando will understand the specific procedures and expectations of local judges, which can be a strategic advantage in your case.
Understanding Florida family law isn't about becoming a legal expert overnight. It is about recognizing that you have rights and options. Whether you're looking to restructure your family through divorce or expand it through adoption, the law provides a path forward.
You do not have to navigate this complex system alone. If you have questions about your specific situation, reach out to Frank Family Law. Our team is here to help you move forward with confidence and dignity.
Call us today at (407) 629-2208 to schedule a consultation.