Process questions are where every divorce starts: where to file, what's enforceable, what things cost, how lawyers work. These are the questions people actually asked Michael — updated to current Florida law. Part of the Family-Law Q&A Library.
Yes — where you married is irrelevant to where you divorce. Florida has jurisdiction to dissolve your marriage once you (or your spouse) have lived here for the six months before filing, proven by a Florida license/ID or a corroborating witness. You file in the circuit where you live — Orange County for Orlando. One caveat: if children have recently lived elsewhere, custody jurisdiction can lag behind divorce jurisdiction under the UCCJEA, so file with both clocks in view.
Generally yes: Florida recognizes a marriage that was valid where it was performed, and it can dissolve that marriage once the residency requirement is met. The practical work is documentary — a certified copy of the foreign marriage record, translated if necessary. The same principle runs the other direction: if the ceremony wasn't legally valid where performed, there may be no marriage to dissolve, which changes the case entirely.
Being reasonable together is the single biggest cost-saver in family law — but with a child, "uncontested" still has required parts: a parenting plan on the statutory form, child support calculated on the § 61.30 guidelines (courts review it even when you agree), financial affidavits, and the short parenting course. The lawyer's real value in these cases is drafting: an agreement that anticipates refinances, tax questions, schedule changes, and enforcement saves you the expensive sequel. Most finish in four to eight weeks.
A written, signed marital settlement agreement can absolutely be enforceable — courts adopt them into judgments every day. The dangers are in the details: agreements signed without financial disclosure can be attacked later; child-related terms are never binding on the court (support and parenting are always reviewed for the child's interests); and vague drafting invites years of interpretation fights. Signing something homemade to save money often works — until it doesn't, expensively.
Expectations aren't enforceable; statutes and agreements are. What each spouse "deserves" gets decided under § 61.075's equitable-distribution framework and § 61.08's alimony framework unless the two of you contract otherwise in a settlement agreement. For parties with real means, the productive move is to stop negotiating feelings and start negotiating from a model of what a judge could actually order — then paper the deal precisely. That's what counsel is for, on both sides.
Because the ethics rules require it: a lawyer generally may not communicate about the case with a represented opposing party, and speaking with an unrepresented one comes with strict limits — the lawyer represents your spouse, not you, and can't advise you. It isn't rudeness; it's the wall doing its job. If you want someone who can speak freely on your behalf and evaluate what's being proposed, that someone is your own counsel.
Once a lawyer appears in a case, yes — a notice of appearance goes in the file, and from then on all papers flow through counsel. But retaining a lawyer for advice behind the scenes (consulting, drafting, coaching) without an appearance is legitimate too, and common in limited-scope arrangements. If the other side suddenly has counsel of record, expect the formality level — and the pace — of the case to change.
Florida's § 61.16 exists for exactly this: where one spouse has the need and the other has the ability to pay, courts can order interim and final fee awards so both sides can litigate on comparable footing. Courts can also sanction a party whose conduct needlessly ran up the bill. If there's a meaningful income gap in your marriage, a temporary fee motion belongs at the front of the case, not the end.
An agreement adopted into your final judgment is a court order, and orders have teeth: motions for enforcement and contempt, money judgments for missed payments, orders compelling signatures or standing in for them, and fee-shifting against the party who forced the motion. Timing matters — enforce promptly, document every default, and resist the urge to self-help by withholding your own obligations, which converts your enforcement case into mutual contempt.
The case proceeds without them. After proper service, a spouse who ignores the petition defaults; a spouse who stonewalls disclosure faces compulsion and sanctions, and remember that refusing to provide financial information triggers automatic income imputation under the support statutes. Non-participation delays a divorce; it doesn't prevent one. The court's tools are built precisely for the party who won't engage.
Start with the process questions answered — then the strategy.
Related
Divorce
Residency, the three procedural paths, the step-by-step process, and the PEACE framework.
How Long Does Divorce Take?
~30 days simplified, 4–8 weeks uncontested, 6–12 months contested — and what causes delay.
What Does Divorce Cost?
Court fees, attorney economics, the expert layer, and § 61.16 fee-shifting.
Q&A Library Home
All topics — divorce, time-sharing, support, paternity, adoption — answered by Michael.
Adapted and updated (July 2026) from Michael T. Mackhanlall's public Avvo answers. General information about Florida law — not legal advice, and no attorney-client relationship is created. Statutes referenced include §§ 61.021, 61.075, 61.08, 61.16, and 61.30, Florida Statutes. Every case depends on its facts.