What a Florida divorce actually involves
Florida is a no-fault divorce state. Neither spouse has to prove wrongdoing; the petition simply states that the marriage is irretrievably broken. To file in Florida, at least one spouse must have lived in the state for the six months before filing, and cases for Winter Haven residents are heard in the Tenth Judicial Circuit in Bartow.
Every divorce, whatever its temperature, has to answer the same four questions: how marital property and debts will be divided, whether either spouse will receive alimony, how parenting time will be shared if there are children, and what child support will look like. The difference between an easy divorce and a hard one is rarely the law — it is how far apart the two of you are on those answers, and how the case is handled while you close that gap.
Uncontested divorce
When both spouses agree on every issue — property, support, and parenting — the case can move quickly and quietly. Shelley prepares the marital settlement agreement and, where children are involved, the parenting plan, makes sure the required financial disclosure is complete, and walks the case through to final judgment, often with a single brief court appearance. An uncontested divorce done carefully at the start prevents the expensive kind of "simple" divorce: the one that comes back to court two years later because the agreement left something out.
Contested divorce
When you and your spouse disagree on significant issues, the case moves through pleadings, mandatory financial disclosure, discovery, and usually mediation before any trial. Most contested divorces still settle — Florida courts require mediation in nearly all family cases before trial — but they settle well only when the file is prepared as if it were going to trial. After 35 years of family law practice in Polk County, Shelley prepares every contested case that way: valuations supported, income documented, parenting evidence organized. Prepared cases settle on better terms, and if yours is the rare case that needs a courtroom, it is ready for one.
How Shelley approaches it
- You deal with the attorney, not a hand-off. This is a deliberately small practice. The lawyer you meet at the consultation is the lawyer who negotiates your settlement and stands next to you in court.
- Settlement posture, trial preparation. Most families are better served by an agreement they shaped than a ruling they received — but a case is only negotiated well when the other side knows it is trial-ready.
- Clear-eyed advice about cost. Some fights are worth having and some are expensive ways to feel heard. You will always know which is which before you spend money on one.
What to expect, step by step
- Consultation. A confidential meeting to understand your situation, your priorities, and what the realistic outcomes look like.
- Filing and disclosure. The petition (or your response to one) is filed, and both spouses exchange the financial disclosure Florida requires in every dissolution case — a legal obligation neither side can avoid.
- Negotiation and mediation. The real work: valuing assets, building the parenting plan, and negotiating terms — with mediation required before any contested trial.
- Resolution. A marital settlement agreement approved by the court, or, when necessary, a trial and final judgment.
Key law: Fla. Stat. § 61.052 (dissolution of marriage); § 61.021 (six-month residency); § 61.075 (equitable distribution); § 61.13 (parenting and time-sharing).
Common questions about divorce in Florida
A truly uncontested divorce can be finished in a matter of weeks once the paperwork and financial disclosure are complete. Contested cases vary widely — several months is common, and complex or high-conflict cases can take a year or more. The biggest driver isn't the court; it's how far apart the spouses are and how quickly complete financial information gets exchanged.
Legally, very little — Florida is no-fault, and the person who files first gains no advantage on property, support, or parenting issues. Practically, filing first can matter for timing and for setting the case's initial pace. If you've been served with a petition, don't wait: there is a limited window to respond, and decisions made in the first weeks shape the rest of the case.
Probably not. The large majority of Florida divorces resolve by agreement, and courts require mediation before a contested trial in nearly every family case. But "probably not" is not a strategy — cases settle on good terms when they are prepared to be tried. That preparation is the point, whether or not a judge ever hears the case.
Florida does not have a formal "legal separation" status the way some states do. Spouses who live apart without divorcing can still address support and parenting through the courts, and can define their financial arrangements in a written separation agreement. If you're weighing separation against divorce, see the separation agreements page — it covers what Florida law can and can't do for separated spouses.
It depends almost entirely on how much is genuinely disputed. An uncontested divorce with a complete agreement costs a small fraction of a litigated one. At the consultation, you'll get an honest assessment of where your case sits on that spectrum, what drives cost in cases like yours, and where you can keep it down — starting with organized financial records.
Or call the office at (863) 298-0606. Located at 290 Cypress Gardens Blvd, Suite 10, Winter Haven.