Month: June 2026

Cost is one of the first things people worry about when a marriage ends. The honest answer is that the divorce cost Brevard County residents face can range from a few hundred dollars to many thousands, depending almost entirely on how much the spouses disagree. Below, Brunelli Law, P.A. walks through the realistic ranges, what drives the price up, and how to keep costs under control — with a local eye on Melbourne, Palm Bay, and Viera.

Court Filing Fees in Brevard County

Every divorce in Florida starts with filing a petition for dissolution of marriage with the Clerk of Court. In Brevard County, the filing fee to open a dissolution case is generally around $408, set by Florida law and consistent across the state. Additional charges may apply for items like serving the other spouse through the sheriff or a private process server (often $40–$75), certified copies, and similar costs.

If you genuinely cannot afford the filing fee, Florida allows you to apply for a fee waiver based on financial hardship. The Clerk reviews your application and supporting financial information.

Uncontested vs. Contested: The Biggest Cost Driver

The single largest factor in your total cost is whether your divorce is uncontested or contested.

Uncontested Divorce

In an uncontested divorce, both spouses agree on all major issues — property division, any support, and parenting arrangements. Because there is little to litigate, these cases move faster and cost far less. Many uncontested Florida divorces are handled on a flat fee, and total costs commonly land in the range of roughly $1,500 to $5,000, including the filing fee, depending on complexity and whether children are involved.

Contested Divorce

In a contested divorce, the spouses disagree on one or more significant issues, and the case may involve negotiation, mediation, discovery, expert witnesses, and possibly a trial. Costs rise accordingly. A moderately contested case often runs from several thousand dollars into the $7,000 to $20,000+ range, and highly contested matters — especially those with complex assets or custody disputes — can exceed that significantly. These are general ranges, not quotes; every case is different.

What Drives Divorce Costs Up

• Disagreement over children. Disputes over time-sharing and parental responsibility are among the most time-intensive and emotionally charged issues.
• Complex or contested finances. Business interests, retirement accounts, real estate, and hidden or disputed assets require more discovery and sometimes forensic experts.
• High conflict. When communication breaks down, even small issues can require multiple hearings.
• Mediation and litigation. Mediator fees, court reporters, and expert evaluations add up.
• Frequent changes. Shifting positions and re-drafting agreements increase attorney time.

Flat-Fee and Uncontested Options

For couples who largely agree, an uncontested or “simplified” approach can dramatically reduce cost. Florida even offers a Simplified Dissolution of Marriage procedure for couples who meet specific requirements — generally no minor children together, no pregnancy, agreement on dividing property and debts, and both spouses willing to give up certain rights like a trial and appeal. Many law firms also offer flat-fee packages for straightforward uncontested cases, which gives you cost certainty up front. It is worth asking any attorney you consult how they structure fees for your type of case.

How to Keep Your Divorce Costs Down

• Aim for agreement where you can. Every issue you resolve outside court saves money.
• Consider mediation early. Reaching a settlement in mediation is almost always cheaper than litigating.
• Stay organized. Gather financial documents, account statements, and a clear picture of assets and debts before meeting your attorney.
• Communicate efficiently. Consolidate questions and be responsive to reduce billable back-and-forth.
• Keep the focus on resolution. Using the case to settle personal scores almost always costs more in the end.

A Local Note for Brevard County Families

Brevard County divorce cases are filed with the Clerk of Court and typically heard at the Moore Justice Center in Viera. Whether you live in Melbourne, Palm Bay, Viera, or elsewhere along the Space Coast, the same Florida filing fees and procedures apply. What varies is your situation — and that is what determines your cost.

Frequently Asked Questions

What is the cheapest way to get divorced in Brevard County?

An uncontested divorce, or a Simplified Dissolution of Marriage if you qualify, is generally the least expensive path because there is little to litigate. The court filing fee still applies.

How long does a Florida divorce take?

An uncontested divorce can sometimes conclude in a matter of weeks after the required steps are complete, while a contested case can take many months or longer depending on the issues and court schedule.

Can I get the filing fee waived?

Possibly. Florida allows you to apply for a fee waiver based on financial hardship. The Clerk of Court reviews your application and financial information.

Talk With a Brevard County Family-Law Attorney

Understanding your likely costs starts with understanding your situation. Brunelli Law, P.A. serves families throughout Brevard County and the Treasure Coast in English and Portuguese, and can help you choose the most cost-effective path for your case. Call 321-350-0013 or visit our Melbourne family-law page to get started.

This article is general information only and is not legal advice. Court fees and figures referenced are approximate and subject to change. Reading this article does not create an attorney-client relationship.

One of the most common questions Florida parents ask during a separation is simple: “Do we automatically split time with the kids down the middle?” The short answer is that Florida law now starts from a presumption of equal time. But 50/50 timesharing Florida rules are more nuanced than a flat rule, and understanding how they work can help you set realistic expectations. The bilingual team at Brunelli Law, P.A. explains below.

What “Timesharing” Means in Florida

Florida law no longer uses old-fashioned terms like “custody” or “visitation.” Instead, it talks about parental responsibility (who makes major decisions about the child) and time-sharing (the schedule of when the child is with each parent). Both are decided based on the best interests of the child.

The Rebuttable Presumption of Equal Time-Sharing

Florida law directs courts to begin with a rebuttable presumption that equal time-sharing is in the best interests of the child. “Rebuttable” is the key word. It means the court starts from the assumption that a roughly 50/50 schedule is best — but a parent can overcome that assumption by presenting evidence that equal time would not serve the child’s best interests.

In practice, this means equal time-sharing is the default starting point, not a guaranteed outcome. The judge still has to look at the family’s actual circumstances before finalizing any schedule.

The Best-Interests Factors

To decide what schedule and decision-making arrangement actually serve the child, Florida courts evaluate a detailed list of statutory best-interests factors. These include:

• Each parent’s capacity and willingness to support a close relationship between the child and the other parent;
• The division of parental responsibilities and the anticipated division after the case;
• The child’s developmental needs and each parent’s ability to meet them;
• The geographic viability of the parenting plan, including travel and school logistics;
• The moral fitness, mental health, and physical health of each parent;
• The home, school, and community record of the child;
• The reasonable preference of the child, if the court finds the child is mature enough;
• Evidence of domestic violence, abuse, abandonment, or neglect; and
• Each parent’s demonstrated knowledge of the child’s daily routine, friends, teachers, and needs.

No single factor is automatically decisive. The judge weighs them together to craft a plan that fits the particular child and family.

How Parenting Plans Work

Every Florida case involving minor children requires a parenting plan. This is a written document — approved by the court — that governs the parents’ relationship with the child. At a minimum, a parenting plan must describe:

• How the parents will share daily tasks and responsibilities for raising the child;
• The time-sharing schedule, including weekdays, weekends, holidays, and school breaks;
• Who is responsible for health care, school-related matters, and other activities; and
• How the parents will communicate with the child and with each other.

Parents are encouraged to agree on a parenting plan together. If they cannot, the court will establish one after hearing evidence. Many families resolve these issues through negotiation or mediation rather than a contested trial.

When 50/50 May Not Apply

The presumption of equal time-sharing can be rebutted. A court may order an unequal schedule when the evidence shows equal time would not be in the child’s best interests. Common situations include:

• Distance. If parents live far apart, a true 50/50 weekly schedule may be impractical for school-aged children.
• Safety concerns. Evidence of domestic violence, substance abuse, or neglect can substantially limit a parent’s time and may affect decision-making authority.
• Work schedules and availability. If one parent is frequently unavailable, the plan may reflect that reality.
• The child’s needs. A child’s medical, developmental, or special needs may call for a different arrangement.
• A parent’s relationship with the child. A history of limited involvement may shape the schedule.

Importantly, when a parent has been found to have committed certain offenses, or in cases involving domestic violence, the law may treat the presumption differently. These are fact-specific situations where legal guidance is essential.

Frequently Asked Questions

Is 50/50 timesharing automatic in Florida?

No. Florida starts with a rebuttable presumption that equal time-sharing is best, but the court can order a different schedule if the evidence shows equal time would not serve the child’s best interests.

Can parents agree to their own schedule?

Yes. Parents are encouraged to agree on a parenting plan. If their agreement is in the child’s best interests, the court will typically approve it. If they cannot agree, the judge decides.

Does the child get to choose where to live?

Not on their own. A court may consider a mature child’s reasonable preference as one of many factors, but the child’s wishes do not control the outcome.

Talk With a Florida Family-Law Attorney

Every family is different, and the right parenting plan depends on your child’s unique needs. Brunelli Law, P.A. helps parents across Brevard County and the Treasure Coast build workable time-sharing arrangements — in English and Portuguese. Call 321-350-0013 or visit our Melbourne family-law page to learn more.

This article is general information only and is not legal advice. Reading it does not create an attorney-client relationship.

If you are divorcing in Florida today, the rules on spousal support look very different than they did a few years ago. The Florida alimony reform 2026 landscape is the product of a major statutory overhaul that took effect in 2023 and continues to shape how judges award support. Below, the bilingual family-law team at Brunelli Law, P.A. breaks down the current framework in plain English so you know what to expect.

What Changed and When

In July 2023, Florida enacted a significant rewrite of its alimony statute, Section 61.08 of the Florida Statutes. The headline change: Florida eliminated permanent alimony for new cases. Going into 2026, that remains the law. Courts can no longer order open-ended, lifetime support in new divorce judgments. Instead, alimony is now built around defined types with defined limits.

The reform also clarified the factors judges weigh, addressed how supportive relationships and a paying spouse’s retirement can affect support, and set clearer caps tied to the length of the marriage. These changes apply going forward; they did not automatically reopen alimony that was already finalized under the old law.

The Types of Alimony in Florida Today

Under the current statute, a Florida court may award one or more of the following forms of support. A judge first determines whether a spouse has an actual need for support and whether the other spouse has the ability to pay — both must be present before any award is made.

Bridge-the-Gap Alimony

This is short-term support designed to help a spouse transition from married to single life by covering identifiable, short-term needs. By statute, bridge-the-gap alimony cannot exceed two years, and it cannot be modified once ordered.

Rehabilitative Alimony

Rehabilitative alimony helps a spouse become self-supporting — for example, by completing education, training, or re-establishing skills and credentials. It requires a specific, written rehabilitative plan. Under current law, rehabilitative alimony generally may not exceed five years.

Durational Alimony

Durational alimony provides support for a set period following a marriage of any length where permanent-style support is not appropriate. This is now the workhorse of Florida alimony. The award lasts for a defined number of years and ends when that term expires.

How the Length of the Marriage Affects an Award

Marriage length is central under the reformed statute. Florida defines marriages by duration — generally short-term (less than 10 years), moderate-term (10 to 20 years), and long-term (20 years or more). These categories influence both eligibility for certain types of alimony and how long durational alimony can last.

For durational alimony, the statute ties the maximum length of support to the length of the marriage. As a general framework under current law:

• Generally, no durational alimony is awarded after a short-term marriage of less than three years.
• For a short-term marriage, durational alimony generally may not exceed 50% of the length of the marriage.
• For a moderate-term marriage, it generally may not exceed 60% of the length of the marriage.
• For a long-term marriage, it generally may not exceed 75% of the length of the marriage.

The statute also caps the amount of durational alimony at the recipient’s reasonable need or a percentage of the difference between the spouses’ net incomes, whichever is less. Courts retain discretion to depart from these limits in exceptional circumstances when they make written findings.

What the Court Considers

Once need and ability to pay are established, the judge weighs a list of statutory factors, including:

• The standard of living established during the marriage;
• The duration of the marriage;
• Each spouse’s age and physical, mental, and emotional condition;
• The financial resources and earning capacity of each spouse;
• The contributions of each spouse to the marriage, including homemaking and child care;
• The responsibilities each will have for any minor children; and
• Any other factor necessary for a fair result.

What This Means If You Are Divorcing Now

For people filing in 2026, the practical takeaways are: permanent alimony is off the table for new cases; durational alimony with statutory caps is the most common outcome in longer marriages; and short marriages may yield little or no support. Because awards now hinge heavily on documented need, ability to pay, and the precise length of the marriage, accurate financial disclosure and careful planning matter more than ever.

It is also worth remembering that family law evolves. Statutes are amended and courts interpret them in new ways. The summary above is current general information as of 2026, not a substitute for advice about your specific situation.

Frequently Asked Questions

Does Florida still have permanent alimony?

No. For divorces filed after the 2023 reform, Florida courts cannot award permanent alimony. The available types are bridge-the-gap, rehabilitative, and durational alimony.

Did the reform change alimony I was already awarded?

The reform generally applies to new and pending cases going forward and did not automatically rewrite final judgments entered under prior law. Whether an existing order can be modified depends on its terms and your circumstances, so it is best to have an attorney review your judgment.

How long can durational alimony last?

It depends on the length of your marriage. Current law generally caps durational alimony at 50% of a short-term marriage, 60% of a moderate-term marriage, and 75% of a long-term marriage, with limited exceptions.

Talk With a Florida Family-Law Attorney

Brunelli Law, P.A. helps clients across Brevard County and the Treasure Coast understand how Florida’s alimony rules apply to their lives — in English and Portuguese. To discuss your situation, call 321-350-0013 or visit our Melbourne family-law page to get started.

This article is general information only and is not legal advice. Reading it does not create an attorney-client relationship.