6 Things to Know About Divorce in Florida
Divorce in Florida is shaped by legal statutes and rules, but you and your spouse can create private agreements that fit your family’s needs. By using Mediation or Collaborative Divorce, you can protect personal details, save time and money, and build solutions that work better for everyone.
1. Divorce Is a Legal Process
In Florida, divorce is handled through the legal system, which means statutes, rules, and past court decisions guide how things work. While you and your spouse have some freedom to create your own settlement terms, the law sets limits, especially when it comes to child support, parental responsibility, and other matters involving children. Judges will review agreements to make sure they follow legal requirements, particularly when children are involved
2. Divorce Records Are Public
Most divorces are part of the public court record. That means filings can be viewed by anyone, including friends, family, and even business competitors. To keep private details, such as financial documents and personal matters, out of the public record, you should aim to minimize court involvement. This can be done through Mediation, Collaborative Divorce or private negotiations.
3. You Have Control Over Settlements
When you and your spouse work out a settlement on your own, you can create solutions that meet your family’s specific needs. A judge, by comparison, is bound by general legal rules. For example, you might choose to divide assets in a way that reflects emotional or personal ties, something a court would not typically consider. Parents also have the ability to decide what they believe is in the best interest of their children, rather than leaving that decision to a judge who does not know the children or their specific needs.
Through Collaborative Divorce or Mediation, you and your spouse can work together with neutral experts to create thoughtful, family-centered solutions that fit your unique situation.
4. Dividing Assets and Liabilities Involves Valuation
If you go to court, you must provide evidence of the value of your assets and debts. Bank accounts are simple to value because the balance is clear on a specific date. Properties like houses and interests in private businesses require expert valuations. The court’s starting point is usually an equal division, but you and your spouse can agree to a different split if you are settling privately
5. Judges Apply General Guidelines, Not Your Family’s Specific Needs
A judge applies broad legal rules and does not personally know your family’s unique situation. When you and your spouse work through Collaborative Divorce or Mediation, you can make thoughtful decisions that reflect personal circumstances, such as a spouse’s emotional connection to a home or providing support to a spouse who has little experience managing finances.
6. Court Takes Time and Costs Money
Contested divorces can stretch out over months or even years, and appeals can add even more time and expense. Resolving issues outside of court is often the faster, less costly path, giving both spouses the ability to move forward sooner. Using Mediation or Collaborative Divorce gives you the chance to bring in neutral experts who can help educate both spouses and help you create fair solutions that work well for the whole family.
Contact the Law Offices of Robert J. Merlin
If you are considering divorce in Florida, the Law Offices of Robert J. Merlin can guide you through your options. We focus on helping clients reach private, thoughtful solutions that protect their families and save time and resources. Contact Robert J. Merlin at (305) 448-1555 to schedule a consultation and learn how we can help you move forward with confidence.
The Law Offices of Robert J. Merlin, P.A. are located at 250 Catalonia Avenue, Suite 706, Coral Gables, FL 33134.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
