At Mack Law, P.A., you benefit from a divorce attorney who thrives in the courtroom, keeps cases on track, and will not settle for less than what you are entitled to under the law. We know the financial strain divorce creates, and we work to get you through the process as efficiently and cost-effectively as the facts allow — whether your case is uncontested, highly contested, military, or high-net-worth.
Florida divorce basics: no-fault, residency, and where you file
Florida is a no-fault state. The only grounds you need are that the marriage is "irretrievably broken" — no proof of wrongdoing, no consent from the other spouse. One spouse must have lived in Florida for the six months before filing (§ 61.021, Florida Statutes), proven by a Florida driver license or ID issued six months back, or by a corroborating witness. Orlando-area cases are filed with the Orange County Clerk in the Ninth Judicial Circuit; the filing fee is $408 (plus $10 to issue a summons). Misconduct still matters where it touches money or children — dissipation of assets, or conduct relevant to parenting — but nobody has to prove fault to get divorced.
Three procedural paths — and choosing the right one
Simplified dissolution (Fla. Fam. L. R. 12.105) is the fastest route, available only when there are no minor or dependent children, neither spouse is pregnant, you agree in writing on dividing every asset and debt, neither spouse seeks alimony, and both appear at a short final hearing. The trade: you waive financial disclosure beyond affidavits, trial, and appeal. Right for short marriages with simple finances; wrong for anyone who isn't certain the disclosed picture is complete.
Uncontested divorce means the two of you reach agreement on everything — property, support, and a parenting plan if you have children — and the case moves on paperwork and a brief hearing. Most of our uncontested work is really negotiated work: the agreement is the product, and precision in drafting it is what prevents the expensive sequel. An uncontested case can finish in roughly a month; the calendar is driven mostly by how quickly terms get settled.
Contested divorce is everything else — from a single disputed issue to a full financial and parenting trial. Contested does not have to mean scorched-earth: most contested cases settle at or before mediation once the financial picture is established. It does mean deadlines, discovery, and leverage, and the side that prepares earlier generally does better at every stage.
How a Florida divorce actually proceeds
- Petition and service. The case opens with a petition for dissolution; the other spouse is served and has 20 days to answer (and often counter-petition).
- Mandatory disclosure. Within 45 days of service, both sides must exchange financial affidavits, tax returns, pay records, and account statements under Fla. Fam. L. R. 12.285. This is automatic — not optional — and it is where complex cases are won or quietly lost. When the affidavit doesn't match reality, targeted discovery and imputation follow.
- Parenting course. Divorcing parents of minor children complete a short court-approved parent education course (§ 61.21) before final judgment.
- Temporary relief. Where needed, the court sets interim rules — temporary support, exclusive use of the home, temporary time-sharing, attorney's-fee advances under § 61.16 — that stabilize the case for the months it takes to finish.
- Discovery and experts. Depositions, subpoenas, appraisals, business valuations, vocational evaluations — scaled to what the case genuinely needs.
- Mediation. The Ninth Circuit requires mediation in nearly every contested family case before trial. Prepared parties settle most cases here, on terms shaped by the evidence built in the steps above.
- Trial. The cases that don't settle are decided by a judge — there are no jury trials in Florida divorce. Trying cases well is rarer than it should be, and judges know which lawyers can.
The PEACE framework: every issue in your divorce
Florida divorces resolve five clusters of issues, and lawyers organize them with the acronym PEACE:
- P — Parental responsibility and time-sharing. Since 2023, Florida applies a rebuttable presumption that equal time-sharing is in the children's best interests (§ 61.13). The parenting plan — decision-making, schedules, holidays, travel — is built on the statutory best-interests factors.
- E — Equitable distribution. Property division starts from a premise of an equal split of marital assets and debts (§ 61.075), with the real fights over what is marital, what things are worth — especially businesses and retirement and equity accounts — and whether any factor justifies an unequal division.
- A — Alimony. Need and ability to pay under § 61.08, inside the 2023 reform's duration and amount caps. See our alimony page for how the current framework actually computes.
- C — Child support. A guideline formula driven by both incomes and overnights — with real fights over hidden income and imputed earnings, especially for the self-employed.
- E — Everything else. Prenuptial and postnuptial agreements, domestic violence issues, and attorneys' fees, which may be awarded where one party has the need and the other the ability to pay.
Complex cases are the practice, not the exception
Business interests and valuations, executive and equity compensation, hidden-asset tracing, multi-property estates, military pensions — these are the matters this firm is built for. Where both parties are reasonable, we push hard for a swift, fair settlement. Where one party is spiteful, the Court has tools — including fee-shifting — and we use them. For seven-figure estates and business owners, start with our high-net-worth divorce practice page; for the medical and professional community, see physician & professional divorce.
What it costs — honestly
The court charges $408 to open the case. Beyond that, cost tracks conflict: a genuinely uncontested divorce is typically a few thousand dollars in fees; a contested case with experts runs five figures. The three drivers are disputed issues, financial complexity, and the other side's reasonableness. We scope strategy and budget at the first consultation, staff leanly, and aim discovery at what moves the needle — and where there is an income gap, § 61.16 fee awards exist to keep the playing field level. Full breakdown: what a Florida divorce actually costs.
Florida divorce FAQs
A simplified or fully uncontested case can finish in roughly a month, driven mostly by hearing availability. Contested cases typically run several months to a year-plus, depending on discovery, experts, and mediation timing. The single biggest accelerant is complete financial disclosure early; the biggest delay is a party who hides the ball.
Legally, little — Florida is no-fault, and filing first confers no presumption. Practically, the filer chooses the timing, arrives organized, and frames the first motions. Where dissipation or asset movement is a risk, filing starts the statutory clock that lets the court look back at transfers made within two years before the petition.
No. "Irretrievably broken" is the only ground you need, and your spouse cannot block the divorce by refusing to agree. Conduct still matters where it has consequences — spending marital money on an affair is dissipation, and behavior bearing on the children is relevant to the parenting plan — but fault is not the price of admission.
The court starts from an equal division of marital property and debts, but the litigated questions are which assets are marital, what they are worth, and whether statutory factors justify an unequal split. Nonmarital property — what you brought in, inherited, or protected with a prenup — is not divided at all if it stayed separate. See our property division and high-net-worth pages for how that plays out.
Almost entirely, yes. Negotiated settlements, mediation, and Florida's collaborative process resolve the substance out of court; a short final hearing (or paperwork) finishes the case. Most of our matters resolve this way — but the negotiating leverage comes from being visibly ready to try the case if talks fail.
Florida's rules are built for exactly this. Mandatory disclosure forces both sides to produce financial records within 45 days; subpoenas and forensic accounting fill the gaps; temporary support and fee awards under § 61.16 fund the case while it is pending. Bring what you have — tax returns, statements, even photographs of documents — and we will build the rest.
Then the job is to paper it correctly — a marital settlement agreement and, with children, a parenting plan that says what you actually mean, survives future disputes, and handles the details couples forget: tax filing status, refinance deadlines, QDROs for retirement accounts, life insurance securing support. Fixed-scope representation usually fits these cases well.
Related services at Mack Law
High-Net-Worth Divorce
Business valuation, goodwill, executive compensation, forensic accounting, and privacy — for seven-figure estates.
Property Division
Equitable distribution, marital vs. nonmarital characterization, businesses, and commingling disputes.
Alimony
Exposure and entitlement under Florida's 2023 alimony reform — durational caps, need and ability to pay.
Imputation of Income
Vocational evaluations, historical earnings, and earning-capacity fights that decide the support numbers.
Talk it through — confidentially.
Call (407) 749-1034 or request a confidential consultation. Prompt responses, usually the same business day.
This page describes Florida law in general terms as of its last update and is not legal advice about any specific situation. Statutes and rules cited include §§ 61.021, 61.075, 61.08, 61.13, 61.16, 61.21, and 61.30, Florida Statutes, and Fla. Fam. L. R. 12.105 and 12.285. Filing fees are set by the Orange County Clerk and may change.