Family law matters are among the most emotionally challenging legal issues anyone can face. Whether you’re considering divorce, working through custody arrangements, or dealing with other family-related legal concerns, understanding how Florida law works can help you make informed decisions during a difficult time.
This guide provides an overview of family law in South Florida, covering the most common questions and concerns for residents of Miami-Dade, Broward, and Palm Beach counties.
Divorce in Florida: The Basics
Florida is a “no-fault” divorce state, meaning you don’t need to prove your spouse did something wrong to end the marriage. The only ground for divorce is that the marriage is “irretrievably broken.”
Residency Requirements
To file for divorce in Florida, at least one spouse must have been a Florida resident for at least six months before filing. You’ll file in the county where either spouse resides.
South Florida Court Locations:
- Broward County: Broward County Courthouse, Fort Lauderdale
- Miami-Dade County: Family Court, Miami
- Palm Beach County: Main Judicial Complex, West Palm Beach
Types of Divorce
Simplified Dissolution: Available when both spouses agree on everything, have no minor children, and the wife is not pregnant. This streamlined process can be completed in as little as 30 days.
Uncontested Divorce: Both parties agree on all terms but may have children or don’t qualify for simplified dissolution. Faster and less expensive than contested divorce.
Contested Divorce: Spouses disagree on one or more issues (property division, custody, support). These cases may require mediation, hearings, and potentially trial.
The Divorce Process Timeline
While every case differs, here’s a general timeline:
- Filing: One spouse files a Petition for Dissolution of Marriage
- Service: The other spouse is formally served with papers
- Response: The served spouse has 20 days to respond
- Discovery: Both sides exchange financial information
- Mediation: Required in most Florida family law cases
- Trial or Settlement: Case resolves through agreement or court decision
- Final Judgment: Court enters the final divorce decree
Simple uncontested divorces may conclude in 2-3 months. Contested cases can take a year or longer.
Child Custody (Parenting Plans)
Florida law prefers the term “time-sharing” over custody, reflecting the state’s emphasis on both parents remaining involved in their children’s lives.
Parenting Plans
All divorcing parents with minor children must submit a Parenting Plan that addresses:
- Time-sharing schedule: How the child’s time is divided between parents
- Decision-making responsibility: Who makes decisions about education, healthcare, and other important matters
- Communication methods: How parents will communicate about the child
- Holiday and vacation schedules: How special occasions are handled
Best Interests of the Child
Florida courts make custody decisions based on the “best interests of the child” standard. Factors include:
- Each parent’s ability to meet the child’s needs
- The child’s relationship with each parent
- Each parent’s willingness to support the child’s relationship with the other parent
- The mental and physical health of all parties
- The child’s preference (depending on age and maturity)
- Evidence of domestic violence or abuse
- Each parent’s moral fitness
Relocation
If a parent wants to move more than 50 miles from their current residence with the child, Florida law requires following specific procedures. The relocating parent must provide written notice and obtain either agreement from the other parent or court approval.
Alimony (Spousal Support)
Florida law changed significantly with the 2023 alimony reform, eliminating permanent alimony for divorces filed after July 1, 2023.
Types of Alimony Now Available
Bridge-the-Gap Alimony: Short-term support (up to two years) to help a spouse transition to single life.
Rehabilitative Alimony: Support while a spouse obtains education or training needed to become self-supporting. Requires a specific plan.
Durational Alimony: Support for a set period, not exceeding 50% of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10-20 years), or 75% of a long-term marriage (over 20 years).
Factors in Alimony Decisions
Courts consider:
- Length of the marriage
- Standard of living during the marriage
- Each spouse’s financial resources
- Earning capacities and employability
- Contributions to the marriage (including homemaking)
- Age and health of each spouse
- Tax implications
Property Division
Florida follows “equitable distribution,” meaning marital property is divided fairly—though not necessarily equally.
Marital vs. Non-Marital Property
Marital Property: Generally, assets acquired during the marriage, regardless of whose name is on the title. This includes:
- Income earned during marriage
- Real estate purchased during marriage
- Retirement benefits earned during marriage
- Business interests developed during marriage
Non-Marital Property: Assets owned before marriage, inherited individually, or received as gifts to one spouse typically remain with that spouse.
Common Property Division Issues in South Florida
South Florida’s high cost of living and real estate values create unique challenges:
- Marital Home: Deciding whether to sell or have one spouse buy out the other
- Investment Properties: Many South Florida families own rental properties or vacation homes
- Business Interests: Valuing and dividing family businesses
- Retirement Accounts: QDROs (Qualified Domestic Relations Orders) divide retirement benefits
Child Support
Florida uses statutory guidelines to calculate child support based on both parents’ incomes and the time-sharing arrangement.
Calculating Child Support
The Florida Child Support Guidelines Worksheet considers:
- Both parents’ gross monthly income
- Number of children
- Childcare costs
- Health insurance costs
- Number of overnight stays with each parent
Modification of Child Support
Child support can be modified if there’s a substantial change in circumstances, such as:
- Significant income change for either parent
- Change in the child’s needs
- Change in the time-sharing arrangement
Finding a Family Law Attorney in South Florida
Given the complexities of family law, most people benefit from professional legal representation. When choosing a family law attorney:
Look for specialization: Family law is a distinct practice area. Look for attorneys who focus primarily on family law rather than general practitioners.
Consider communication style: You’ll be sharing personal information and working closely with your attorney. Choose someone you’re comfortable with.
Understand fee structures: Most family law attorneys charge hourly rates. Get clear information about retainers, billing practices, and estimated total costs.
Ask about approach: Some attorneys are aggressive litigators; others emphasize negotiation and settlement. Match the approach to your situation and goals.
Check credentials: Board certification in Marital and Family Law indicates advanced expertise. Florida Bar membership is required.
Alternative Dispute Resolution
Not every family law matter requires courtroom battles. Consider:
Mediation: A neutral third party helps spouses reach agreements. Required in most Florida family cases before trial.
Collaborative Divorce: Both spouses hire specially trained attorneys and commit to reaching settlement without court intervention.
These approaches often save time, money, and emotional distress compared to traditional litigation.
Getting Started
If you’re facing a family law issue in South Florida, take these initial steps:
- Gather financial documents: Tax returns, bank statements, property deeds, retirement account statements
- Create a timeline: Key dates in your marriage and situation
- Consider your priorities: What matters most to you in the outcome?
- Consult with an attorney: Many offer free initial consultations
- Understand your options: Know the difference between contested and uncontested approaches
Family law matters are rarely easy, but understanding the process and your rights can help you navigate this challenging time with greater confidence.
This article is for informational purposes only and does not constitute legal advice. Family law situations vary significantly, and you should consult with a qualified family law attorney about your specific circumstances.
Last updated: February 2026