How long does the divorce process typically take in Florida?

It depends on whether the parties agree on major issues. Uncontested cases can be resolved quickly while contested cases take longer depending on the complexity of the issues involved.

How is child custody determined in Florida?

Florida courts look at the best interests of the child including stability, safety, parental involvement, and the ability to meet the child needs. Florida no longer uses the terms custody or visitation and instead emphasizes a shared parenting approach governed by a formal parenting plan.

What factors affect child support and alimony in Florida?

Income, expenses, parenting time, and each parent financial situation are key factors. For alimony the judge also considers the duration of the marriage and the needs established during the marriage.

Do I need an attorney for an uncontested divorce in Florida?

It is not required but an attorney can help make sure the agreement is clear, legally sound and enforceable to protect your rights and assets.

Can parenting plans be modified later if circumstances change?

Yes. A substantial change in circumstances can allow for a modification of the parenting plan or final order under Florida Statute 61.13.

Written by: Adela Z. Marcote, Esq. | Last Updated September 2026

Florida Family Law Guide: Navigating Divorce, Custody, & Legal Support

All Florida divorce proceedings and family law matters are strictly governed by Chapter 61 of the Florida Statutes. Navigating these legal frameworks involving your spouse, children, or property can feel overwhelming, especially when managing your case within the local Miami-Dade County court system. This comprehensive legal guide provides the clear answers and trusted insights you need to protect your rights, assets, and future here in Kendall. Whether you are filing an initial petition near Dadeland or seeking a post-judgment order modification under Florida Statute § 61.14 for alimony or child support in Homestead, or a custody adjustment under Florida Statute

§ 61.13, understanding these exact statutory boundaries is the first step toward moving forward with confidence.

How to File for Divorce in Florida; Requirement and Process

To dissolve a marriage in the Sunshine State, you must navigate specific legal boundaries. Florida is a strict no-fault divorce state, meaning you only need to state that the marriage is "irretrievably broken" rather than proving wrongdoing.

NO FAULT STATE

Florida is a No- fault state for a dissolution of marriage. You only need to prove that the marriage is irretrievably broken.

RESIDENCY REQUIREMENT

Before filing a Petition, at least one spouse must have been a Florida resident for six months before filing the petition.

FILING
A petition for dissolution of marriage gets filed with the court.

ATTORNEYS

Our Family Law attorneys will guide you and advocate for you. We will file all necessary paperwork.

HOW IS CHILD CUSTODY DETERMINED?

Florida courts no longer use the terms "custody" or "visitation." Instead, the law emphasizes a shared parenting approach governed by a formal parenting plan.

Best Interests of the Child: Judges evaluate custody decisions based on health, safety, and emotional stability.
Time-Sharing Schedules: Outlines exactly when the child spends time with each parent during the week and holidays.
Shared Parental Responsibility: Both parents must collaborate on major decisions like education and healthcare.

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What aspect of My Family Law Matters can an Attorney Help me With?

Florida family law governs divorce, child custody and timesharing, child support, alimony, paternity, domestic violence injunctions, prenuptial agreements, and post-judgment modifications. Whether your matter is contested or uncontested, Florida courts prioritize the best interests of children and equitable distribution of marital assets. MMD Law Advocates represents clients across Miami-Dade, Broward, Palm Beach, Lee, Collier, and Orange counties, in English and Spanish, with no-pressure consultations designed to help you understand your rights before making any decisions.

Divorce in Florida is officially referred to as a dissolution of marriage. This process involves several steps and requires addressing various aspects, such as asset division and custody arrangements. The duration of a divorce proceeding can vary significantly, often depending on how quickly the parties can reach an agreement. It is essential to approach each step with care to ensure a fair resolution for everyone involved. Our Family Law Attorney's know that Divorce is an emotional and difficult time for the family. MMD's Divorce Attorney will actively listen to you and guide you with a strategic plan to minimize conflict and reach a resolution so that you can move on with your life.

What is Alimony or Spousal Support ? Is intended to address the needs of a spouse that were established during the marriage, once the couple is divorced. It is when the Court orders one spouse to pay the other, during and after the divorce. The Judge takes many circumstances into account including the duration of the marriage. MMD Law Advocates Family Law Attorneys are competent in advising and handling your Alimony or Spousal Support Claim.

Child support is the financial assistant one parents gives another parent after divorce for the care of the child. In Florida, it is determined by the court estimating the total amount of support child would receive if parents lived together and dividing the amounts based on each parent's income. Our Miami Family Law Attorney's understand what it takes to raise a child, what they need emotionally and financially. From putting food on the table to college expenses as your family law attorney we will fight to protect the children.

How does a prenuptial agreement work in Florida ? It is a legal contract that stipulate how assets would be divided in the event of a divorce or the death of one of the parties. There are legal requirements that must be followed in order for the agreements to be enforceable. This agreement is executed prior to the marriage. The goal is to protect assets and financial interest that by one or each party possess. Our Family Law Attorney have vast knowledge in contract law and whether you need an agreement drafted or interpreted under Florida Law we are here for you.

What are Postnuptial Agreements ? Postnuptial agreements, serve the same purpose as prenups, but these agreements take place after the marriage. They have different and stricter requirements. As with the prenuptial agreement, this agreement usually handles the separation of assets in the event of a divorce. Like prenuptial agreements they are contracts between the two spouses. Our Miami based Family Law Attorney can represent you no matter where you are under Florida Law.

What is a mediation ? When parties cannot reach an agreement, the Court may refer the case to mediation. This is when a neutral third party meets with the parties and encourages a resolution be reached without the need of presenting their case in Court. Most Family Law Cases in Dade, Broward and the State of Florida settle in mediation. Our Miami - Kendall based attorneys have a vast experience in mediation cases.

Why Choose MMD LAW ADVOCATES as
My Family Law Attorneys in South Florida?
Knowledgeable Legal Guidance and Divorce Representation

At MMD our dedicated family law attorneys understand that navigating divorce, child custody, and paternity issues is very stressful and personal. We provide masterful legal representation with a client centered approach for families in Kendall, Miami, Homestead, Broward and the entire State of Florida. We know how important Family is and we handle all cases with care and dignity.

We prioritize:

EMPATHETIC GUIDANCE: Our family law attorneys listen to your needs and navigate the emotional complexity of your case.
STRATEGIC ADVOCACY: Our skillful family law attorneys use a Masterful approach to protect your rights and reach an equitable Divorce Settlement out of the courtroom.
EFFICIENT RESOLUTION: Our family law legal team's goal is to reach a favorable outcome quickly, minimizing the stress on your family and protecting the children and their well-being.

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SAME SEX FAMILY LAW

Welcome to our community, where love has no boundaries. We celebrate and honor same-sex couples, diversity and inclusivity in every aspect. At MMD you are free to express your love and share your journey with pride. Thank you for being part of our vibrant family!

Our family law attorneys come from a diverse background enabling us to truly understand and meet the needs of everyone, including the LGBTQ+ community. We are committed to providing knowledgeable and compassionate representation, particularly when it comes to the unique considerations in same-sex marriages. Your needs are our priority. We are here to listen and assist every step of the way.

What Alimony Can I Get?

TEMPORARY ALIMONY

Temporary alimony will provide support to one spouse while the divorce is still going and not final.

BRIDGE-THE-GAP ALIMONY

Bridge-the-gap alimony is usually for a maximum of two years. This provides financial support to the spouse to help transition from married to single life.

REHABILITATIVE ALIMONY

Rehabilitative alimony provides support for a spouse while obtaining the education or training needed to become financially self-sufficient.

DURATIONAL ALIMONY

Durational alimony is designed to provide financial support for a specific period of time. The duration of the alimony is often determined based on the length of the marriage.

MMD Family Law and Divorce Attorneys prioritize your family's well being.

WHY CHOOSE MARCOTE & MARCOTE
DE MOYA'S MIAMI & SOUTH FLORIDA FAMILY LAW ATTORNEYS

Law offices of Marcote & Marcote De Moya

provides Motivated, Masterful and Dedicated representation for families and individuals facing child custody support disputes, divorce, alimony disputes and mediations. Our commitment is to advocate for your rights while ensuring you feel heard, supported, and empowered throughout the legal process. We understand that family law matters can be overwhelming, and our compassionate advocacy is here to support you every step of the way. We recognize the emotional and legal complexities involved and provide personalized guidance to help you navigate this challenging time.

YOU ARE NOT ALONE IN THIS JOURNEY.

Call 305-256-2616

What Kind of Divorce Can I File?

Under Chapter 61 of the Florida Statutes, you can file for either a contested or an uncontested dissolution of marriage depending on whether you and your spouse agree on all legal terms.

What is a Contested Divorce ?

A contested divorce occurs when the parties cannot reach an agreement on the terms of dissolution. In these matters, protecting your legal rights and assets is paramount. MMD attorneys provide strategic advocacy, clear counsel, and steadfast representation throughout every stage of the proceedings.

What is an Uncontested Divorce ?

An uncontested divorce is when both parties are in agreement with the divorce and all the terms of the divorce, including the division of assets. During divorce proceedings it is essential that you take actions to protect your rights and your assets. MMD attorneys provide strategic advocacy by carefully assessing your objectives and vigorously representing your interests before the Court.

FAMILY LAW MATTERS
What Can MMD Attorneys help me with?

Knowledgeable and Compassionate Representation to resolve your :

1. Divorce or Seperation

2. Child Custody

3. Child Support

4. Marital Agreements

5. Prenuptual/Postnuptual Agreements

6. Paternity Issues

7. Modifications of Parenting Plans

8. Modification of Final Orders

Frequently Asked Questions About Family Law in Florida.

How long does the divorce process typically take?

It depends on whether the parties agree on major issues. Uncontested cases can be quick, while contested cases take longer.
How is child custody determined in Florida?

Courts look at the best interests of the child, including stability, safety, parental involvement, and the ability to meet the child's needs.
What factors affect child support and alimony?

Income, expenses, parenting time, and each parent’s financial situation are key factors.
Do I need an attorney for an uncontested divorce?

It is not required, but an attorney can help make sure the agreement is clear and enforceable.
Can parenting plans be modified later if circumstances change?

Yes. A substantial change in circumstances can allow for a modification.

Including but not limited to:

Miami-Dade County Broward County Palm Beach County South Miami Westchester

Miami Fort Lauderdale West Palm Beach Homestead Pinecrest

Kendall Fort Myers Port St Lucie Hialeah Coral Gables

Naples Lehigh Acres Palmetto Bay All Florida Doral

Proudly Serving Clients throughout the State of Florida

Adela Z. Marcote & Jacqueline Marcote De Moya, Founding Partners

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