Divorce Lawyer in Tallahassee, FL

How a Florida divorce works

Florida calls divorce dissolution of marriage. To file in Leon County, one spouse must have lived in Florida for at least six months before the petition is filed. The only ground you have to state is that the marriage is irretrievably broken. No one has to prove adultery, cruelty, or fault.

That surprises people, and it is usually a relief. What it does not mean is that the process is automatic. A judge cannot dissolve your marriage until the court has resolved four questions:

• Property and debt. What is marital, what is separate, and how it gets divided under equitable distribution.
• Children. A parenting plan and a time-sharing schedule, plus child support calculated under the state guidelines.
• Spousal support. Whether alimony is appropriate, and if so which type and for how long.
• Fees and costs. Whether one spouse contributes to the other’s attorney’s fees.

Uncontested, contested, and the large space in between

Most divorces are not purely one or the other. An uncontested divorce means you and your spouse agree on every one of the issues above and sign a marital settlement agreement. These move quickly and cost dramatically less. If you have no children together, no alimony claim, and you both appear in court, you may qualify for a simplified dissolution, which is faster still.

A contested divorce means at least one issue is genuinely disputed. In practice, many couples agree on most things and fight over one or two: a retirement account, a business, or the holiday schedule. Part of a lawyer’s job is to narrow the dispute to what genuinely matters, so you are not paying to litigate the furniture.

Financial disclosure is mandatory, not optional

Florida requires both spouses to exchange a sworn financial affidavit and a defined set of documents: tax returns, pay stubs, bank and retirement statements, deeds, and card statements. This is mandatory disclosure, and it applies whether or not anyone asks for it.

Take this seriously. Judges have long memories for spouses who understate income or forget an account, and an incomplete affidavit is the fastest way to lose credibility on every other issue in your case. It is also where a hidden asset problem usually surfaces first.

Mediation before trial

Circuit courts in Florida refer contested family cases to mediation before they will set a final hearing. A neutral mediator meets with both sides and works toward a written agreement. Mediation is confidential, and what you offer there cannot be used against you later if the case does not settle.

The large majority of divorces resolve at or before mediation. That is a good outcome. It is faster, it is far cheaper, and it keeps control of the result with the two people involved rather than a judge. It works only where both sides arrive with accurate numbers and a clear sense of what they can accept, and preparing for that conversation is most of the work.

Working with Toby

Toby Norris has practiced in the Second Judicial Circuit for over two decades and has tried cases to conclusion. That matters even in a case that settles: the other side’s evaluation of your case depends in part on whether your lawyer is prepared to try it.

What you can expect is a straight answer about your realistic range of outcomes, an explanation of the process in plain language, and returned phone calls. If a settlement on the table is better than what a judge is likely to do, you will be told so.