Question 1

How long does a divorce take in Florida?

Accepted Answer

The length of a divorce in Florida depends on the complexity of the case and whether the spouses can reach an agreement on important issues.

An uncontested divorce, where both parties agree on property division, alimony, child support, and parenting arrangements, may be finalized in as little as 4 to 6 weeks, depending on court availability and completion of the required paperwork.

A contested divorce, involving disagreements over marital assets, financial support, or timesharing, may take several months to more than a year, particularly when extensive financial discovery, mediation, or trial is necessary.

Our goal is not simply to finalize your divorce quickly, but to help you achieve a fair resolution that protects your future.

Question 2

Do I have to go to court for my divorce?

Accepted Answer

Not necessarily. Many Florida divorces can be resolved through negotiation, mediation, or a mutually agreed-upon Marital Settlement Agreement, eliminating the need for a lengthy and emotionally exhausting trial.

When both spouses reach an agreement on important matters such as property division, alimony, child support, and timesharing, the divorce process can often be finalized with minimal court involvement. However, if disagreements remain unresolved, a judge may need to determine those issues through hearings or trial.

With over 30 years of negotiation and courtroom experience, Attorney Ada M. Barreto is committed to pursuing efficient, practical resolutions while remaining fully prepared to advocate for her clients in court when necessary.

Our philosophy is simple: Resolve disputes whenever possible, but never compromise our commitment to protecting your rights, your family, and your future.

Question 3

How is property divided in a Florida divorce?

Accepted Answer

Florida follows the principle of equitable distribution, which means marital assets and liabilities are divided fairly under the law. While an equal, 50/50 division is generally the starting point, equitable distribution does not always mean that every asset or debt will be divided equally. Florida Statute 61.075 governs the equitable distribution of assets and liabilities in a dissolution of marriage action.

The Court considers several factors when determining how marital property should be distributed, including the length of the marriage, each spouse's financial and nonfinancial contributions, their economic circumstances, and whether either spouse intentionally wasted or dissipated marital assets.

Marital property may include real estate, businesses, professional practices, retirement accounts, investments, bank accounts, vehicles, and other assets acquired during the marriage. Identifying and properly valuing these assets is essential to protecting your financial interests.

Our commitment is to protect what you have worked to build and pursue an equitable resolution that safeguards your financial future.

Question 4

Can I receive alimony in a Florida divorce?

Accepted Answer

Florida Statute 61.08 governs the determination of alimony. Florida law allows a spouse to seek alimony, also known as spousal support, when there is a demonstrated financial need and the other spouse has the ability to pay, among other factors.

Under Florida's current alimony laws, courts may award temporary, bridge-the-gap, rehabilitative, or durational alimony, depending on the circumstances of the marriage. Permanent alimony was eliminated under Florida's 2023 alimony reform.

When determining whether alimony is appropriate, the Court considers several factors, including the length of the marriage, the standard of living established during the marriage, each spouse's income and earning capacity, financial resources, and contributions to the marriage.

With over 30 years of family law experience, Attorney Ada M. Barreto represents clients both seeking and defending against alimony claims, including complex cases involving substantial income, business ownership, and significant marital assets.

Whether you are seeking the financial support you need or protecting yourself against an unreasonable alimony demand, our firm is committed to advocating for a fair resolution that safeguards your financial future.

Question 5

What is the difference between a contested and an uncontested divorce in Florida?

Accepted Answer

The primary difference between a contested and uncontested divorce is whether both spouses can reach an agreement on the important issues surrounding the dissolution of their marriage.

An uncontested divorce occurs when both spouses agree on all relevant matters, including equitable distribution of marital assets and debts, alimony, child support, parental responsibility, and timesharing. These cases are generally less expensive, less stressful, and resolved more quickly, often without the need for a contested court hearing or trial.

A contested divorce occurs when spouses disagree on one or more significant issues, such as property division, financial support, business valuations, or parenting arrangements. These cases may require extensive financial discovery, negotiations, mediation, and, when an agreement cannot be reached, litigation before a judge.

Whether your divorce can be resolved amicably or requires aggressive courtroom advocacy, our priority remains the same: protecting your rights, your financial security, your family, and your future.

Question 6

What is a high-asset divorce in Florida?

Accepted Answer

A high-asset divorce involves the division of substantial wealth, valuable property, or complex financial holdings accumulated during a marriage. These cases often include multiple real estate properties, privately owned businesses, professional medical practices, investment portfolios, retirement accounts, luxury assets, trusts, and domestic or international holdings.

Unlike a traditional divorce, high-asset cases frequently require sophisticated financial analysis, detailed discovery, business valuations, and careful identification of marital versus nonmarital assets. Disputes may also arise concerning hidden assets, business income, asset appreciation, and the dissipation of marital funds.

When significant assets and your financial future are at stake, experience, preparation, and attention to detail matter. Our firm is committed to protecting what you have worked a lifetime to build.

Question 7

How does Florida determine child custody (time-sharing)?

Accepted Answer

Florida courts determine time-sharing based on the best interests of the child. Judges consider each parent's ability to provide a stable home, the child's relationship with each parent, each parent's willingness to support the child's relationship with the other parent, and other statutory factors.

Question 8

Can a parenting plan or child support order be modified?

Accepted Answer

Yes. Either parent can petition the court to modify a parenting plan or child support order if there has been a substantial, material, and unanticipated change in circumstances since the original order was entered.

Question 9

What is a paternity action in Florida?

Accepted Answer

A paternity action legally establishes who the father of a child is. Once paternity is established, the court can address time-sharing, parental responsibility, and child support. Either parent — or the child — can initiate a paternity action.

Question 10

How do I get a domestic violence injunction in Florida?

Accepted Answer

You can file a petition for an injunction for protection against domestic violence at your local courthouse. A judge will review the petition and may issue a temporary injunction the same day. Ada can guide you through this process and represent you at the hearing.

Question 11

Is mediation required in Florida family law cases?

Accepted Answer

Yes. Florida courts require mediation in most family law cases — including divorce and custody disputes — before the case can proceed to trial. The goal is to encourage settlement and reduce the burden on the court system.

Question 12

Do I need an attorney for mediation?

Accepted Answer

You are not required to have an attorney present at mediation, but it is strongly recommended. An attorney can advise you on your legal rights, help you evaluate proposed agreements, and ensure that any settlement protects your interests.

Question 13

What happens if we don't reach an agreement in mediation?

Accepted Answer

If mediation is unsuccessful, the case proceeds to a hearing or trial before a judge. The mediator cannot disclose what was discussed in mediation, and the parties are free to present their full case to the court.

Question 14

How long does a mediation session take?

Accepted Answer

Most family mediation sessions last between two and four hours, though complex cases may require multiple sessions. Ada works to help parties move through the process efficiently.

Question 15

What areas do you serve?

Accepted Answer

We represent clients throughout South Florida, including Miami-Dade, Broward, Palm Beach, Collier, St. Lucie and Monroe Counties. Our office is in Miami, and consultations are available in person or virtually.

Question 16

How much does a divorce cost?

Accepted Answer

The cost depends on the complexity of the case and whether it is contested or uncontested. We discuss fees transparently at the initial consultation so you understand the likely costs before proceeding.

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