Divorce

Divorce involves financial untangling, decisions about parenting, and legal steps that must comply with the state’s requirements. Whether a couple separates peacefully or faces disagreements over property or parental responsibility, divorce in Florida follows a structured legal process meant to protect both spouses’ rights.

Working with a Florida divorce lawyer can make the process more manageable, especially when disputes arise. At Scully | Torres, spouses of either side receive guidance that supports informed decision-making and efficient resolutions.

Florida Is a No-Fault Divorce State

Florida is a no-fault divorce state, which means a spouse only needs to state that the marriage is “irretrievably broken.”

While this simplifies the reason required to file, it does not eliminate the complexities surrounding custody, support, and property division. Each case moves along one of several paths – uncontested, contested, or military divorce – depending on the couple’s circumstances and willingness to reach agreements.

Uncontested Divorce in Florida

An uncontested divorce is the most efficient route. This option is available when spouses reach a complete agreement on:

• Property division
• Debt allocation
• Parental responsibility and time-sharing
• Child support
• Spousal support
• Any other marital issues

Couples who maintain open communication or have minimal assets and no children often find this path less stressful. By resolving issues proactively, they avoid prolonged court involvement.

In an uncontested divorce, spouses benefit:

• Shorter processing time
• Reduced costs
• Less emotional strain
• More control over the final terms
• More privacy

Under Florida law, the judge still reviews the settlement agreement to ensure it meets the state’s standards, especially concerning children, where the court prioritizes their best interests.

For many couples, an uncontested divorce offers the peace of mind that comes from resolving matters cooperatively while remaining in compliance with Florida law.

Contested Divorce in Florida

A contested divorce arises when spouses can’t agree on one or more issues. These cases often involve disputes surrounding:

• Division of marital property
• Alimony
• Child custody
• Child support
• High-value assets or business interests

Disagreements can stem from financial concerns, parenting styles, emotional conflicts, or imbalances in bargaining power. Florida’s equitable distribution standard aims for fairness, not necessarily an equal 50/50 split. Still, spouses often interpret “fairness” differently.

Contested divorce involves:

• Filing and service of the petition
• Financial disclosure and exchange of documents
• Temporary orders for support or parenting, if needed
• Mediation is required in most counties before trial
• Hearings and litigation if the settlement fails
• Trial, where a judge resolves remaining disputes

Mediation allows spouses to work with a neutral facilitator to reach agreements outside of court. Many cases resolve here, reducing the need for trial. Florida encourages mediation to help families maintain control over outcomes rather than relying on a judge’s decision.

Military Divorce in Florida

Military families often face unique challenges during divorce, including relocations, deployments, and federal laws that interact with Florida’s statutes.

Military members stationed in Florida or whose spouses reside here can typically meet the residency requirement. Florida courts recognize service members’ unique living arrangements.

Several federal statutes play key roles when it comes to military divorce:

• Uniformed Services Former Spouses’ Protection Act (USFSPA): Determines how military retirement benefits may be divided.
• Servicemembers Civil Relief Act (SCRA): Protects active-duty members from default judgments and may allow case delays during deployment.
• Child custody protections under state law for parents who face deployment, allowing temporary modifications without permanently altering rights.

Military divorces often require additional planning for:

• Division of pensions, Thrift Savings Plans, and other benefits
• Military healthcare coverage eligibility
• Relocation considerations when one spouse receives a reassignment
• Parenting schedules that account for deployment or training
• Calculation of child support using military income structures

Because military divorce combines state and federal rules, having a clear strategy is essential. When disputes arise, a divorce lawyer in Florida becomes even more important to safeguard both parental and financial rights.

Florida’s Equitable Distribution in Property Division

Dividing assets is a core part of a divorce. In Florida, the court differentiates between marital and non-marital property as follows:

Marital Property

Generally includes assets and debts acquired during the marriage, such as:

• Homes and vehicles
• Retirement accounts
• Bank accounts
• Business interests
• Credit card debt
• Loans

Non-Marital Property

Typically includes:

• Assets owned before the marriage
• Inheritances
• Certain gifts
• Items protected by prenuptial or postnuptial agreements

When deciding what is fair in asset division, courts consider factors such as:

• Each spouse’s financial situation
• Contributions to the marriage (including homemaking and childcare)
• Interruption of careers or education
• Waste or depletion of assets
• Desirability of keeping certain assets intact, such as businesses or homes

These standards apply regardless of whether a divorce is contested, uncontested, or involves military service.

Parental Responsibility and Time-Sharing

Florida promotes shared parental responsibility whenever appropriate. This means both parents participate in major decisions involving healthcare, education, and religion.

Courts approve time-sharing arrangements that reflect the child’s best interests, considering:

• Each parent’s involvement
• The child’s needs and routines
• Parental cooperation
• Proximity of homes
• Safety and stability

A well-prepared parenting plan is crucial for any divorce involving children.

Alimony and Financial Support

Alimony may be awarded based on several factors, including:

• Duration of the marriage
• Each spouse’s financial resources
• Standard of living during the marriage
• Earning capacity and education
• Contributions to the household

Florida recognizes several forms of alimony, such as temporary, bridge-the-gap, rehabilitative, durational, and lump-sum support.

How Can a Florida Divorce Attorney Help?

No matter the type of case, disputes can emerge unexpectedly. A divorce attorney assists by:

• Offering strategic advice grounded in Florida family law
• Identifying realistic outcomes
• Managing negotiations to reduce unnecessary conflict
• Preparing cases for mediation or court
• Helping spouses avoid legal pitfalls that could harm their financial or parental rights

Each type of divorce comes with its own procedures, rights, and potential obstacles. If you are considering divorce in Florida or need guidance on resolving disputes effectively, our divorce lawyers at Scully | Torres, with more than 25 years of combined experience handling marital and family cases, can and will provide representation for spouses on either side throughout the divorce process. Contact us today for a consultation and let us help with your divorce in Florida.