Divorce

Boca Raton Divorce Lawyers

Acting as Strong Legal Advocates During Divorce Cases

Filing for divorce in Florida is a specific legal process with several steps. While there are requirements and milestones common to every divorce, each family’s situation is also unique, and the exact outcome and terms of the divorce may vary. Being aware of how the process of ending a marriage works in Florida can help you better understand what comes next.

If you’re considering a divorce in Palm Beach County, contact our family law firm at (561) 209-0410. At Winthrop Law Offices, we have the experience to handle everything from an uncontested divorce to complex litigation.

What Happens During a Divorce?

Knowing what to expect from the divorce process can take some of the stress and anxiety away and make it easier to focus on what matters most during this time: moving forward. The divorce process is called “dissolution of marriage” in Florida, and what must be a part of this process depends in part on your specific factors and whether you have children. Those with minor children will need to settle matters of child support and child custody, and alimony (also known as spousal support) may be a factor in some cases.

The dissolution of the marriage process officially begins when one party files a petition for dissolution of marriage. Once this petition is received and processed by the court, the other party will be formally served and given a specific amount of time to respond. Once that response is filed, the case generally proceeds to the financial disclosures step. This is where both parties fill out paperwork regarding their financial information. The financial disclosure process is designed to ensure that there are no hidden assets or liabilities that the other spouse is unaware of, and that the court has an accurate record of each party’s income and property for equitable distribution.

Depending on whether the parties are able to agree on the terms of the divorce, including child support and a parenting plan if children are involved, the case will either go before a judge for the final judgment or move forward with a trial. In some cases, the judge may order the parties to attempt mediation before heading to trial to see if they can come to an agreement on any outstanding terms.

Once the judge signs off on the terms, they will provide a Final Judgment of Dissolution of Marriage, which makes the divorce official and frees the parties to move forward with their lives independently.

What Are the Different Divorce Options?

While every divorce ends in the legal dissolution of the marriage, there are a few potential options, depending on how much you and your spouse agree on. These include:

Uncontested Divorce

An uncontested divorce is one in which both parties agree on all of the terms of the divorce before filing. They outline these terms in a marital settlement agreement and submit it to the court. A judge reviews the agreement to ensure that it follows all the applicable Florida laws and then provides an official Final Judgment of Dissolution of Marriage to the parties. An uncontested divorce is generally preferable if it’s feasible because it can result in a faster resolution and can help preserve the coparenting relationship if the parties have children together. It also may be easier if there is a prenuptial agreement or postnuptial agreement in place.

Contested Divorce

If the parties disagree on at least one issue in the divorce, such as property division or parental responsibility, it makes it a contested divorce. This means that the court must intervene and make some decisions because the spouses have different views of what’s fair. Every contested divorce doesn’t have to end in litigation and a trial, though. In some cases, the parties can go through mediation, which is an alternative dispute resolution method, to resolve any remaining disagreements and come to a mutually accepted compromise.

If mediation doesn’t work, the case moves forward to trial. Each side will have a chance to present their case, including evidence and witnesses, and the judge will make the final decision.

Are There Specific Requirements to File for Divorce in Florida?

The main requirement to file for a dissolution of marriage in Florida is that at least one spouse must have been a resident of the state for at least six months before filing the petition. While Florida is a no-fault state, meaning you don’t have to have a specific reason (sometimes called “grounds”) for the divorce, at least one party must state that the marriage is “irretrievably broken.” It’s also possible to file for a dissolution of marriage based on mental incapacity if one spouse has been found by a court to be mentally incapacitated for at least three years before the divorce petition, but this is rarely used.

While this may seem like a simple process, several issues must be determined as part of a divorce, and you should always have an attorney representing you during any legal proceedings. A family lawyer in Boca Raton can ensure you understand what it means to end the marriage and what issues you need to be prepared for as you move through the process.

How Do You File for Divorce in Palm Beach County?

Divorce cases for Boca Raton residents are filed with the Palm Beach County Clerk’s office and governed by Florida Statutes Chapter 61 in the Fifteenth Judicial Circuit. After filing, your spouse must be formally served, and the respondent has 20 days after service to file a response.

Filing Steps in the Fifteenth Judicial Circuit

  • File the petition. The petition for dissolution of marriage goes to the county clerk’s office, and cases may be heard at the South County Courthouse in Delray Beach or the main courthouse in West Palm Beach.
  • Serve your spouse. Formal service starts the 20-day response period.
  • Exchange disclosures. Both sides provide financial information as the case moves forward.

Is a Simplified Dissolution of Marriage Right for You?

  • Eligible couples usually have no minor children, agree on dividing assets and debts, and are not seeking alimony.
  • Both spouses must sign the petition and attend the final hearing, and at least one must meet the residency requirement.

A Boca Raton divorce attorney can confirm whether this faster option fits your situation.

Will You Automatically Get Joint Custody?

Child custody matters in Florida entail the physical time that each parent spends with the child or children, as well as decision-making regarding major decisions affecting the children. Time-sharing is what was traditionally called “custody”, “visitation” or “parenting time,” and parental responsibility involves decision-making only.” So, when someone is asking if they will get “joint custody” of their child, they are usually asking what type of physical time they will spend with their children, and parental responsibility refers only to what type of input, if any, a parent has in decision-making.

In Florida, there is a rebuttable presumption that “equal time-sharing of a minor child is in the best interests of the minor child.” However, this doesn’t mean that it’s guaranteed. Unless the parties have already both agreed to a time-sharing schedule, the law specifically outlines that the “court must evaluate all of the factors and make specific written findings of fact when creating or modifying a time-sharing schedule.” In simpler terms, this means that while the court starts with the idea that equal time-sharing is best for the children, there are still outside factors that can affect that decision.

If having shared parental responsibility and equal time-sharing is essential to you, it’s critical to seek legal counsel early on. Family law matters can be complex and emotionally charged, but experienced attorneys know what to look for to determine if there are factors that could impact parental responsibility and time-sharing and how to develop a legal strategy to support your case.

What Happens While Your Florida Divorce Is Pending?

Temporary orders set ground rules for support, time-sharing, and finances while a divorce is pending, and the court may also address safety, relocation, and your children’s interests. These rulings can shape the final outcome, so they deserve careful attention.

What Temporary Orders Can Cover

  • Temporary support. A spouse or parent may receive interim financial support while the case moves forward.
  • Interim time-sharing. The court can set a schedule for the children until the final judgment.
  • Use of the home. Orders can address who stays in the marital residence.

Other Issues That Can Arise

  • Domestic violence. Injunctions for protection are separate proceedings that can run alongside a divorce and may affect time-sharing.
  • Guardian ad litem. In contested cases, a court may appoint a guardian ad litem to investigate and speak for the child’s best interests.
  • Relocation. A parent moving more than 50 miles for 60 consecutive days or longer generally needs written agreement or court approval.
  • Bridge-the-gap alimony. This short-term support, limited to two years, helps a spouse transition from married to single life.

How Alimony Is Determined in Florida Divorces

Florida law recognizes several types of alimony, and the type and amount awarded depend on the length of the marriage, each spouse’s financial situation, and the need for support. Understanding your options helps you know what to expect, whether you may pay or receive spousal support.

Types of Alimony in Florida

  • Temporary alimony. Provides support while the divorce is pending, helping a lower-earning spouse cover living costs before the final decree.
  • Rehabilitative alimony. Supports a spouse while they gain the education, training, or work experience needed to become self-sufficient, often paired with a specific plan.
  • Durational alimony. Provides support for a set period following the marriage, commonly used for short- or moderate-length marriages.

What Courts Consider

Florida courts weigh factors including the length of the marriage, the standard of living established during it, each spouse’s income and earning capacity, and contributions to the marriage. Because Florida requires financial affidavits during divorce proceedings, an accurate picture of both parties’ marital assets and income is central to any alimony determination.

In complex divorces or high-asset cases involving business valuations or significant property, these calculations become far more involved. Our Boca Raton family law attorneys have extensive knowledge of how courts evaluate alimony and work tirelessly to pursue a favorable outcome for your legal matter.

Building a Parenting Plan That Meets Florida Requirements

Every Florida divorce involving minor children requires a detailed parenting plan, and both parents must complete a court-approved parenting course before the divorce can be finalized. A well-structured plan protects your parental rights and reduces future conflict.

What a Florida Parenting Plan Includes

  • Time-sharing schedule. A specific calendar detailing when the child spends time with each parent, including holidays, school breaks, and summers.
  • Decision-making responsibility. How major decisions about education, healthcare, and religious upbringing will be shared.
  • Communication guidelines. How parents will communicate with each other and with the children.

Requirements Every Divorcing Parent Should Know

  • Mandatory parenting course. Florida requires both parents to take a parenting course during the divorce process. Our family attorneys help you complete this step correctly so it doesn’t delay your case.
  • Court approval. The plan must comply with Florida guidelines and serve the child’s best interests before a judge will approve it.
  • Long-term planning. Parents can create long-term parenting plans and time-sharing schedules that account for how needs change as children grow.

Whether you need to establish paternity, secure visitation rights, or resolve a challenging case involving parental responsibility, our Boca Raton family law attorneys provide sensitive guidance through the entire process. Contact our office today for a confidential consultation.

What Should You Look for in a Boca Raton Divorce Attorney?

Look for an experienced divorce attorney with local court familiarity, clear communication, and transparent fees, ideally one who is board certified in marital and family law by The Florida Bar. Board certification is a voluntary credential that requires additional experience and peer review.

Questions to Ask Before You Hire

  • Fee structure. Most family law attorneys bill hourly and require a retainer, so ask for an estimate and how often you will be billed.
  • Local court experience. Familiarity with Palm Beach County judges and mediators helps an attorney anticipate how a case may unfold.
  • Communication and compatibility. You will share sensitive details, so responsiveness and personal comfort matter.

What an Initial Consultation Covers

Initial consultations are typically confidential and allow you to discuss case details, goals, and fees. For complex matters such as a high net worth divorce, ask about experience with business valuations and options like collaborative divorce. Ask whether the same team handles mediation and trial, so your case does not change hands if an agreement falls through.

What Can You Do to Prepare for Divorce Proceedings?

The steps you take to prepare for divorce can influence how long it takes to settle your case and even the outcome. Below are some actions we recommend when going through this process.

Talk to a Divorce Attorney

The single most important thing you can do to prepare for divorce proceedings and protect your rights is to talk with a family law lawyer as early in the process as possible Many people wait until they’re already in the middle of a contentious divorce to get aggressive legal representation, but the sooner you work with an attorney the better your chances are of a fair and equitable settlement.

Be Honest About Your Finances

Always be as complete and accurate as possible when filling out financial disclosures and other paperwork. The court requires honesty, and if the judge believes you purposefully tried to hide assets or lied during the process, it can backfire significantly.

Remember Your End Goal

Ending a marriage is challenging. It’s a time and emotionally intensive process, but keeping the end goal in mind of being able to move forward with your life can help you keep things in perspective.

At Winthrop Law Offices, our Boca Raton divorce attorneys are here to help you navigate the divorce process and be your guide through every step. Get more information on our law firm website, or call (561) 209-0410.