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Divorce

Florida Divorce Attorneys

File For Divorce in FL

At the Virga Law Firm, our Florida divorce attorneys are ready to assist you with your legal needs. During a dissolution of marriage, we understand the importance of timely action to help our clients reach their goals. Whether your divorce is contested or uncontested, we can quickly build a case for your individual needs.

Call (800) 822-5170 or reach out to us online to schedule your consultation with our experienced Florida divorce attorneys today!

Grounds for Dissolution of Marriage in Florida

Within the state of Florida, there are only two grounds for marriage dissolution:

  • Irreconcilable Differences - This is the most common reason for divorce. Since Florida is a no-fault divorce state, neither party is assigned fault by the court. When the petitioner states that their marriage is "irretrievably broken," this is known as irreconcilable differences. In common terms, this means the couple can no longer coexist amicably.
  • Mental Incapacity - The second ground for dissolution occurs when one of the parties is mentally incapacitated. A dissolution of marriage is not allowed unless the party alleged to be mentally incapacitated has been adjudged incapacitated for a period of at least three years.

The Florida Divorce Process

The first steps in the divorce process in Florida are:

  1. Pick up a divorce packet from your local court or download divorce forms from the Florida Courts website
  2. File a Petition for Dissolution and pay the fee (or have it waived, if applicable)
  3. File an Answer to Petition and Counterpetition

Once you have filed for divorce or responded to a divorce petition, you will either choose an uncontested divorce (without court) or a contested divorce (in court). This depends on whether you and your spouse are able to agree on the terms of your divorce, such as property division, custody, and support.

Florida law also requires both parties to attend a mandatory disclosure exchange. This involves providing detailed information on income, assets, liabilities, and other financial matters to help ensure a fair settlement. Additionally, the parties may be required to attend mediation sessions designed to facilitate an amicable resolution before proceeding to a court hearing.

High Net Worth Divorce in Florida

When a divorce involves high-value assets, the process becomes more complex and requires a careful, methodical approach. It is not uncommon for families in Florida to need strategic guidance from an experienced divorce attorney Florida residents trust when dividing significant investments, business interests, or retirement accounts. Our team at The Virga Law Firm has worked with clients throughout Florida who face these unique challenges in property division, hidden asset concerns, and business valuations, especially in contested cases.

In many high net worth matters, we begin by helping clients assemble a thorough financial picture that includes tax returns, bank records, brokerage statements, and documents related to closely held companies. This information allows us to work with valuation professionals to distinguish marital from nonmarital assets under Florida’s equitable distribution laws and to identify any transactions that may require closer review. By approaching the case in this way, we can better anticipate how judges in circuits such as Escambia, Bay, and Orange Counties are likely to evaluate proposed settlements or evidentiary issues.

Common issues that arise in high net worth divorce cases include:

  • Complex asset valuation: Determining the value of businesses, professional practices, investment portfolios, and real estate holdings.
  • Hidden or transferred assets: Identifying accounts, trusts, or property that may have been moved or concealed.
  • Tax consequences: Evaluating how different distribution options may affect each spouse’s tax obligations.
  • Executive compensation: Addressing stock options, restricted stock units, and performance bonuses under Florida law.
  • Multi-property ownership: Coordinating appraisals and division for homes and investment properties in different Florida counties.

Choosing the Right Divorce Attorney in Florida

Deciding on the right divorce lawyer in Florida is important for navigating the complexities of your case. When selecting an attorney, consider their experience in family law, specifically divorce. A lawyer with extensive experience handling divorces in Florida will understand local laws and proceedings, helping to ensure your case is efficiently managed. Evaluate their communication skills and how well they understand your specific needs. Clear and effective communication is essential for creating a strategy that represents your interests.

When comparing divorce lawyers in Florida, consider these essential factors:

  • Relevant experience: Years practicing family law in Florida and handling a varied caseload.
  • Local knowledge: Familiarity with local courts such as those in Orlando and Pensacola, which can affect the process and timing of your divorce attorney Florida search.
  • Communication style: Accessibility and willingness to answer questions clearly.
  • Client focus: Ability to provide individualized attention and tailored legal strategies.
  • Problem-solving: A history of thoughtfully addressing complex or disputed issues.
  • Support resources: Adequate legal staff to respond promptly and efficiently.
  • Mediation and negotiation: Ability to resolve conflict and seek fair agreements outside of court, when possible.

Property Division in Florida Divorce

One of the most important questions in any divorce is how property and debts will be divided. Florida follows an equitable distribution system, which means the court aims for a fair division of marital assets rather than a strict 50/50 split in every case. Marital property can include real estate, vehicles, retirement accounts, stock options, and even rewards points if they have measurable value. We help clients across Florida identify what belongs in the marital estate and what should be treated as separate property before any proposed division is presented to the court.

Equitable distribution requires a clear understanding of how and when assets were acquired, as well as how they were managed during the marriage. For example, a home purchased before marriage can become partly marital if both spouses contributed to mortgage payments or major improvements. 

When negotiation is possible, we often help spouses craft creative property settlements that reflect their individual priorities, such as trading an interest in a business for a larger share of retirement funds or adjusting equity in the home to offset marital debts. By approaching property division with this level of detail, we aim to reduce disputes and present the court with agreements that comply with Florida law and address long-term financial stability.

Child Custody Considerations in Florida

In Florida, child custody—often called parental responsibility—requires careful planning. The state puts the child's best interests first, encouraging both parents to stay involved in the child's life unless there are compelling reasons otherwise. Courts consider factors like the emotional bonds between the child and each parent, the child's home, school, and community history, and the moral fitness of the parents. 

Parents involved in custody decisions in Florida should pay close attention to the following important aspects:

  • Parenting plan requirements: Florida courts require a clear written parenting plan specifying time-sharing, responsibilities, and dispute resolution methods.
  • Prioritizing best interests: All recommendations, documentation, and negotiations must put the needs and welfare of the child first.
  • School and healthcare records: Judges often ask for proof of strong community and educational ties when assessing proposed custody arrangements.
  • Documentation for relocation: Any plan to move a child outside the current school district or county will face increased court scrutiny.
  • Work with a qualified divorce lawyer Florida families rely on: Choose legal help with experience in local family courts, such as those in Broward or Duval counties, to effectively present your case.

During custody disputes, you should establish a comprehensive parenting plan detailing visitation schedules, decision-making responsibilities, and solutions for possible disagreements. This plan acts as a framework for co-parenting and helps reduce conflict. Legal support can make sure the agreement is fair and matches Florida's legal requirements. Representation also provides insight into how things like parent relocation or specific child needs might affect custody.

Uncontested Divorce in Florida

In an uncontested divorce, both spouses agree on all major issues before anything is finalized by the court, including property division, parenting plans, time-sharing, and support. Because there are no disputed matters for a judge to resolve, these cases usually move more quickly through Florida circuit courts and often require fewer hearings. For many couples, an uncontested case reduces stress, legal fees, and the amount of time spent away from work or children sitting in a courthouse.

Florida offers different procedural paths for uncontested matters, such as simplified dissolution for qualifying couples without minor children and with limited property. Even when you and your spouse are on the same page, it is wise to have a Florida divorce lawyer review your agreement to confirm that it complies with state law and that important details—like retirement account division or tax consequences—are not overlooked. Our team helps clients in communities such as Pensacola, Panama City, and Orlando prepare complete, accurate paperwork so the judge can approve the settlement without unnecessary delay.

Alimony and Support in Florida Divorce

Financial support is another key concern when a marriage ends, and Florida courts can award different forms of alimony depending on the facts of the case. Judges may look at the length of the marriage, each spouse’s earning capacity, and the standard of living established during the relationship when deciding whether to award support. In some situations, alimony may be short term and focused on helping a spouse become self-supporting, while in others it may be longer in duration when there is a significant income gap. 

Calculating and presenting support claims requires careful documentation of income, budgets, and any special circumstances, such as health issues or time spent out of the workforce raising children. Courts in areas like Orlando, Pensacola, and Panama City may also review how other financial aspects of the divorce, such as equitable distribution and child support, interact with any requested alimony. Our attorneys help clients prepare financial affidavits, gather supporting records, and respond to discovery so that judges in the appropriate circuit court have a clear picture of each party’s needs and ability to pay.

Contact The Virga Law Firm at (800) 822-5170 to schedule a consultation with our Florida divorce attorneys.

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  • The Client Comes First and All Else Will Follow

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    We support each other with kindness and respect, emphasizing a positive work culture and celebrating along the way. We respect our clients and support them through their challenges.

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    We stand up for what’s right with consistently sound ethics and courageous honesty. Our integrity is the foundation of our practice and guides our actions and decisions.

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    Reputation is everything. We strive to have the best personal and professional reputations. We want our reputation to precede us and for opposing counsel to know we are committed to fighting for our clients.

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    We embody the concept of giving back to the community. The Virga Law Firm is committed to supporting and improving the community through responsible and caring actions, setting an example of character.

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    • "Fast and supportive service."
      The Virga Law Firm, P.A. was a blessing during my divorce. Always available for questions, they made the process fast and fair. No need to fight—they handled it all. I'd recommend them in a heartbeat.
      - Visi, A Divorce Client
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      - A Divorce Client
    • "Gerard has been monumental to my case."
      Gerard has been monumental to my case. I recognized I needed an attorney who was committed to a positive outcome for my children and I. Gerard made himself available to answer all of my questions and concerns. I felt very comfortable working with the Virga Law Firm.
      - A Divorce Client
    • "Eager to help and fight for clients."
      I will definitely be recommending to anyone I know that needs a child custody or divorce attorney!
      - A Divorce Client