Florida Divorce Law

In Florida, the only required grounds for divorce is that the marriage is irretrievably broken. Or in other words, there is nothing the court can do to fix the marriage. Florida is a No-Fault divorce state and therefore there is no need to prove adultery, mental cruelty or abandonment. In fact, people can still live in the same home while a divorce is pending. Before you can file for divorce, you must be a permanent Florida resident for at least six months before you file. If you cannot prove to the Court that you have lived in the State of Florida for at least six months your case will most likely be dismissed. If you have a question about residency people should consult with an experienced family law attorney.

Alimony is alive and well in the State of Florida
Many people believe that alimony does not exist in the State of Florida. This belief is totally wrong. Alimony is used when one spouse has the need and the other spouse has the ability to pay spousal support. There are several forms of alimony available under Florida law.

Permanent alimony
Usually awarded in long-term marriages where there is significant differences between the spouse’s income. This form of alimony usually paid until the death or remarriage of the spouse.

Rehabilitative alimony
This form of alimony pays for education or training so that the spouse who needs the alimony can become self-sufficient after the divorce if finalized.

Temporary alimony
This form of alimony is paid while the case is pending before the Court.

Divorce Attorneys Fees in Florida
The Court may award one spouse attorneys fees based upon the financial circumstances of the Husband and the Wife, including one spouse’s need and the others ability to pay. For example, if one spouse can afford an attorney and the other can’t, the other spouse may be required by the court to pay all or part of the others attorney’s fees.

Collaborative Law Services
We also now offer Collaborative Law Services. Collaborative law uses problem-solving negotiations that do not include adversarial techniques or tactics. Feel free to discuss with one of the attorneys if a collaborative divorce is right for you and your family.


If you have a question for a Florida divorce attorney about your legal rights, feel free to call the Broward County Divorce attorneys at Schantz and Schantz. The attorneys at Schantz and Schantz will be more than happy to explain your legal rights.