Questions to Ask a Divorce Lawyer in Florida
Questions built around Florida procedure: the residency rule, simplified dissolution, equitable distribution, time-sharing and parenting plans, the child support formula, and how much your circuit affects the timeline.
The questions
Open any question for the note
Do I meet Florida's residency requirement, and can I prove it?
Why ask it
Florida requires that a spouse has lived in the state for six months before filing, usually proved with a driver license, voter registration, or a witness. Filing without that proof can cost you the case and the fee.
Does my situation qualify for simplified dissolution?
Why ask it
Florida offers a shorter route where there are no minor children, neither spouse seeks alimony, and both agree on dividing property. It saves months, so it is worth ruling in or out at the first meeting.
Florida is a no-fault state, so does my spouse's conduct matter at all?
Why ask it
The ground is that the marriage is irretrievably broken, so an affair alone does not change the outcome. Conduct can still matter if marital money was spent on it or if a child's safety is involved.
How long will this take in our county?
Why ask it
State law sets a minimum period between filing and final judgment, but the real timeline comes from your circuit's calendar and whether anything is contested. Ask for a local estimate rather than a statewide average.
How does equitable distribution work, and what is likely to happen with the house?
Why ask it
Florida divides marital property equitably, which begins from an equal split and can be adjusted. The useful question is which facts in your case would push it away from equal.
What of mine counts as non-marital, and how do I keep it that way?
Why ask it
Property owned before the marriage, along with gifts and inheritances, can stay separate, but depositing it into a joint account or a jointly titled home can change that. Ask which documents trace it.
How does current Florida law on alimony apply to a marriage of our length?
Why ask it
Alimony in Florida is set by statute in categories tied to the length of the marriage, and the statute has been amended in recent years. Ask what applies now rather than relying on someone else's divorce.
How is child support calculated here, and how do overnights change it?
Why ask it
The Florida guideline uses both parents' net incomes together with health and childcare costs and the number of overnights each parent has. Ask to see the calculation run with your real figures.
Florida uses time-sharing and parental responsibility rather than custody. What would each look like for us?
Why ask it
Decision-making authority and the overnight schedule are separate questions under Florida law. Understanding that changes what you negotiate for and stops you trading one away to win the other.
What has to be in our parenting plan?
Why ask it
Florida requires a written parenting plan covering the schedule, decision-making, and how the parents will communicate about the children. Ask what your circuit expects beyond the statutory minimum.
Do we have to complete the parenting course?
Why ask it
Parents with minor children in a Florida dissolution are required to finish an approved parent education course. Ask which providers your circuit accepts and start early, since the case cannot conclude without it.
What are the rules if either of us wants to move away with the children?
Why ask it
Florida treats a move beyond fifty miles as a relocation needing the other parent's written agreement or a court order. Ask even if no move is planned, because it limits your options later.
Will we be sent to mediation, and how should I prepare?
Why ask it
Contested family cases in Florida are routinely ordered to mediation before a contested hearing. Ask what a mediation day involves, what it costs, and which decisions you should reach beforehand.
What financial disclosure will I have to produce?
Why ask it
Florida requires a financial affidavit plus a defined set of supporting documents, and incomplete disclosure is the most common cause of delay. Ask for the list at the first meeting so you can start assembling it.
Can I get temporary support or exclusive use of the house while the case runs?
Why ask it
Temporary relief exists but requires a motion and a hearing. Ask how long that takes in your circuit and what evidence of need the judge will expect to see.
What happens to my health insurance and the children's?
Why ask it
Coverage through a spouse's employer generally ends at the final judgment, while the children's coverage is usually folded into the support calculation. Ask where the gap falls and when it starts.
How will a retirement account or pension be divided?
Why ask it
Dividing a plan usually needs a separate order and can create tax consequences if drafted badly. Ask who prepares it, at what stage, and what that adds to the bill.
If a business is involved, how does it get valued?
Why ask it
Valuation often means engaging a forensic accountant whose fee falls on the parties. Ask for the likely range before an expert is retained, because it can exceed the rest of the legal costs.
Does the agreement we signed before marrying hold up?
Why ask it
Enforceability turns on financial disclosure at the time and the circumstances of signing. Ask for a view on your specific document, since it may decide most of the case by itself.
Do you appear regularly in the circuit where my case will be filed?
Why ask it
Florida practice differs by circuit in local rules, mediation requirements, and how quickly hearings are set. A lawyer who is there weekly gives better advice on timing and on what will settle.
Divorce in Florida: practical notes
Practical guidance for the conversation itself
Getting your financial disclosure together
- Federal tax returns for the last three years, with all schedules and W-2 or 1099 forms.
- Recent pay statements, and year-to-date figures if you are self-employed.
- Twelve months of statements for every account: checking, savings, brokerage, retirement.
- Statements for all debts, including cards, car loans, student loans, and the mortgage.
- Deeds, titles, and any appraisal for real property, plus the current mortgage balance.
- Health, life, and disability insurance policies with their premium amounts.
- A monthly budget of what the household actually spends, which the affidavit will require.
The children's side in Florida
Two separate questions
Parental responsibility covers who makes decisions about schooling, health, and religion. Time-sharing covers where the children sleep. They are negotiated separately, and conceding one does not have to mean conceding the other.
Overnights affect the money
The child support calculation takes account of how many overnights each parent has, so a change to the schedule changes the support figure. Ask to see both numbers together before you agree to either.
The parenting course is a gate
The required parent education course has to be completed before a final judgment involving minor children. Booking it in the first month removes a step that otherwise holds up an otherwise finished case.
Fifty miles is a threshold, not a suggestion
Relocating beyond that distance with a child requires written agreement or a court order. If a job or a family move is even a possibility, raise it during negotiation rather than after the plan is signed.
Choosing a Florida lawyer
Check the Bar record yourself
The Florida Bar publishes each member's status, admission date, and any public discipline. It takes two minutes and is worth doing before you pay a retainer.
Ask about the specific circuit
Local rules, mediation programs, and hearing waits vary across the state. A lawyer unfamiliar with your circuit will be slower and less accurate about what to expect.
Get the fee terms in writing
Ask the hourly rate for the attorney and for paralegal time, the retainer, how often you are billed, and whether unused retainer is refunded. Compare written terms rather than remembered ones.
Ask what would settle this
Most Florida cases resolve before trial. A lawyer who can describe a realistic settlement at the first meeting is more useful than one who describes only how they would try the case.