Divorce & Family Law in Florida

Trust Givens Law Group for Experienced Representation

At the Givens Law Group, we understand that marriage dissolution can be a very difficult time for you and your family. That is why we have dedicated our legal practice to serving families and individuals who have family law and divorce issues throughout Florida.

Both founding partners, Christian Givens and Stann Givens, are listed in Best Lawyers of America, Super Lawyers and have been chair of the Hillsborough County Bar Association Family Law Section. Givens Law Group has been selected to be listed in "Best Law Firms" by U.S. News. Stann was honored by the Family Law Inn of Tampa when in March 2015, they permanently renamed the organization after him – The Stann W. Givens Family Law Inn. He was also recently honored by the Thirteenth Judicial Circuit Court where he received the Professionalism Award which is presented annually to only one private practice attorney. He is a former chair of the Florida Bar Board-Certification Committee for Marital and Family Law. Our attorneys are known throughout the region for their professionalism, ethics, and passion for their clients. Givens Law Group fights for its clients like family.

Our lawyers have extensive experience and knowledge in the legal aspects of divorce, including the following:

• Child custody
• Child support
• Enforcement
• Property division
• Grounds for dissolution
• High net worth divorce
• Divorce mediation
• Collaborative divorce
• Divorce modification

Florida Divorce Laws

In Florida, a divorce, legally referred to as a "dissolution of marriage," is a no-fault process. This means couples don't need to prove fault but must demonstrate that the marriage is "irretrievably broken" or that one spouse has been mentally incapacitated for at least three years. Below is an overview of the divorce process in Florida.

Filing for Divorce

1. File the Petition for Dissolution of Marriage: One spouse starts the divorce process by filing a "Petition for Dissolution of Marriage" with the circuit court in the county where the couple last lived together with the intent to remain married.
2. Serve the Petition: The other spouse (respondent) must be officially served with the petition.
3. Respond to the Petition: The respondent has 20 days to file a response to the petition.

Grounds for Divorce

In Florida, divorce is considered "no-fault," meaning there is no requirement to prove wrongdoing by either party. To file for divorce, at least one spouse must declare the marriage "irretrievably broken." Additionally, a divorce may be granted if one spouse has been mentally incapacitated for a minimum of three years.

Residency Requirements

At least one spouse must have lived in Florida for six months prior to filing for divorce.

Types of Divorce in Florida

If you’re considering divorce, it’s essential to understand the two main types: simplified dissolution and regular dissolution. A simplified dissolution is an option for couples whose situation is straightforward. This process is only available if there are no minor children, no alimony requests, and no marital assets or liabilities to divide. Both spouses must agree to the divorce and file a joint petition together, making this option quicker and less complicated.

For more complex or contested divorces, a regular dissolution is the appropriate path. In these cases, both parties are required to exchange financial documents and information through a process called mandatory disclosure. Additional information can be gathered through discovery methods such as interrogatories or depositions. Mediation is often required to help resolve disputes, but if no agreement is reached, the case will proceed to trial. During the trial, both spouses can present evidence and call witnesses to support their position. After reviewing the case, the judge will issue a final order to finalize the divorce.

Understanding these processes can help you determine the best approach for your specific circumstances.

Issues to Be Resolved:

• Parental Responsibility and Timesharing: If children are involved, the court will decide on parental responsibility (decision-making authority) and timesharing (visitation schedules).
• Equitable Distribution: Marital assets and debts will be divided fairly, though not always equally.
• Alimony (Spousal Support): One spouse may be required to pay alimony based on financial circumstances.
• Child Support: Child support will be calculated based on Florida’s guidelines and the non-custodial parent's income.
• Other Issues: Additional matters, such as debt allocation or business ownership, will also be addressed.

Important Considerations:

When navigating the complexities of divorce in Florida, there are several critical factors to keep in mind to ensure the process runs as smoothly as possible. These key considerations can significantly impact the outcome of your case:

• Attorneys: Consulting a family law attorney is highly recommended, especially in contested cases.
• Mandatory Parenting Course: Parents with minor children may be required to complete a parenting course.
• Financial Affidavit: Both parties must file a financial affidavit detailing their income, expenses, assets, and liabilities.
• No Common Law Marriage: Florida does not recognize common law marriages.

Common Mistakes People Make During Divorce

Divorce is never easy, and many individuals understandably make critical errors during the process—especially without proper legal guidance. These mistakes can have long-lasting financial, emotional, and legal consequences. Below are some of the most common mistakes people make when getting a divorce in Florida, along with how an experienced Florida divorce lawyer can help you avoid them:

1. Misunderstanding Florida’s Equitable Distribution Laws: Florida is an equitable distribution state, meaning marital assets and debts are divided fairly, though not always equally. A common mistake is assuming you’ll automatically keep certain assets, like the family home or retirement accounts, without understanding how the court evaluates property division under state law.
2. Hiding or Failing to Disclose Assets: Some individuals attempt to hide assets, believing it will help them keep more after the divorce. This can backfire, leading to legal penalties, loss of credibility, and unfavorable court decisions. Full financial transparency is essential.
3. Letting Emotions Drive Decisions: Divorce is emotionally charged, and some people make impulsive decisions based on anger, fear, or resentment. This could mean rejecting reasonable settlement offers, fighting over minor assets, or needlessly prolonging litigation, all of which can harm your case and your well-being.
4. Overlooking the Impact on Children: Failing to prioritize the best interests of your children can lead to emotional harm and unfavorable outcomes in child custody and visitation arrangements. Florida courts focus heavily on what supports the child’s well-being and stability.
5. Ignoring Future Financial Needs: Many divorcing individuals underestimate future financial expenses such as health insurance, taxes, retirement savings, and potential alimony. This lack of planning often results in financial hardship after the divorce is finalized.
6. Agreeing to Unfair Settlements to “Move On”: Some people rush to finalize their divorce just to avoid conflict, resulting in unfair agreements on property division, spousal support, or child support. These rushed decisions can have lasting financial and personal consequences.
7. Going Through Divorce Without Professional Legal Guidance: Divorce involves complex legal procedures, paperwork, and court deadlines. Attempting a DIY divorce without an attorney often leads to costly mistakes, missed opportunities, and unenforceable agreements that can hurt you in the long run.

How a Florida Divorce Attorney Helps You Avoid These Mistakes

Partnering with an experienced Florida divorce attorney from Givens Law Group ensures that you make informed, strategic decisions at every step. Here’s how we can protect you:

• Clear Understanding of Florida Divorce Laws: We guide you through Florida’s equitable distribution rules, ensuring all marital assets, debts, and income sources are fully identified, properly valued, and fairly divided.
• Ensuring Full Asset & Debt Disclosure: Our team ensures complete financial transparency while protecting you from potential penalties for hidden assets. We can use discovery tools, financial experts, and forensic accountants if necessary.
• Emotion-Free, Objective Legal Counsel: We provide rational, experienced guidance, helping you avoid emotionally driven decisions and focus on the long-term outcomes that matter most.
• Thorough Financial Planning: We analyze the financial implications of every decision, helping you plan for future needs like healthcare, taxes, retirement, and alimony, so you’re not left in a vulnerable position after the divorce.
• Skilled Negotiation & Mediation: We advocate for fair settlements during negotiation or mediation, saving you time, money, and stress. If negotiations break down, we’re fully prepared to fight for your interests in court.
• Managing Legal Paperwork & Court Procedures: Divorce involves strict deadlines, legal filings, and court appearances. We handle all aspects of the process to ensure accuracy, compliance, and the best possible outcome for you.

How We Can Help

Many individuals who are facing divorce have questions and concerns about the process and what can be expected. You might also be wondering about how your children will fare while you and your spouse work out your divorce agreement. Our legal team will be able to meet with you to learn about your situation in order to discuss how they can best serve you and your family.

We believe in approaching each divorce in a solution-oriented manner. We will always strive to work together with your spouse and his or her attorney in order to achieve agreement in the smoothest possible manner. It is important to remember, however, that sometimes even the best efforts at negotiation and collaboration are met with resistance. In cases like these, you can count on your attorney at Givens Law Group to provide you with excellent and skilled trial representation.

Contact Givens Law Group today at (813) 328-6159 if you are considering divorce in Florida.