Florida Divorce Lawyer

Massey & Duffy, PLLC represents spouses in dissolution of marriage cases in Florida circuit courts. Consultations and client meetings are handled by phone, email, and video, wherever you are in Florida.

Filing for Divorce in Florida

Florida calls divorce "dissolution of marriage," and it is governed by Chapter 61 of the Florida Statutes. At least one spouse must have lived in Florida for six months before the petition is filed (section 61.021). Florida is a no-fault state: the usual ground is that the marriage is irretrievably broken (section 61.052).

Dividing Property and Debts

Marital assets and liabilities are divided under section 61.075. The court begins with the premise that the division should be equal unless there is a justification for an unequal distribution based on the factors in the statute. Nonmarital property, such as assets owned before the marriage or received individually by gift or inheritance, generally stays with the spouse who owns it.

Alimony After the 2023 Reform

Florida's alimony statute, section 61.08, was rewritten in 2023 and applies to petitions pending or filed on or after July 1, 2023. Permanent alimony is no longer available. The court may award temporary, bridge-the-gap (up to 2 years), rehabilitative (up to 5 years, with a specific plan), or durational alimony. Durational alimony is not available after a marriage of less than 3 years and generally may not exceed 50 percent of the length of a marriage under 10 years, 60 percent for a marriage of 10 to 20 years, or 75 percent for a marriage of 20 years or longer. The spouse seeking alimony must prove need and the other spouse's ability to pay.

Parenting Plans and Time-Sharing

When there are minor children, the court must approve a parenting plan. Under section 61.13, there is a rebuttable presumption that equal time-sharing is in the best interests of a minor child. A parent who wants a different schedule must prove by a preponderance of the evidence that equal time-sharing is not in the child's best interests.

Child Support

Child support is calculated under the guidelines in section 61.30, which consider both parents' net incomes, the number of overnights each parent has, and costs such as health insurance and child care.

Financial Disclosure and Mediation

Both spouses must exchange financial affidavits and supporting documents under Florida Family Law Rule of Procedure 12.285. Many circuits require mediation before a contested final hearing.

Uncontested Divorce

If the spouses agree on everything, a marital settlement agreement can resolve the case without a trial. Florida also has a simplified dissolution procedure for couples with no minor children who agree on the division of their property (Florida Family Law Rule of Procedure 12.105).

Talk to a Lawyer

Massey & Duffy, PLLC handles divorce cases throughout Florida, including Jacksonville, Orlando, Tampa, Tallahassee, and Gainesville. Call (352) 505-8900 or use the contact form. Related: personal injury | DUI defense.

This page is general information, not legal advice. Contacting the firm does not create an attorney-client relationship. The law can change, and the outcome of any case depends on its specific facts.