Divorce Lawyer in Melbourne, FL

Florida Is a No-Fault Divorce State

You do not have to prove that your spouse did something wrong to get divorced in Florida. The law only requires that the marriage is “irretrievably broken” — meaning it cannot be repaired. This no-fault approach keeps the focus on resolving practical issues like property, finances, and parenting rather than assigning blame. In limited cases, a divorce may also be granted on the ground of one spouse’s mental incapacity. You also do not need your spouse’s agreement to get a divorce; one spouse can end the marriage even if the other objects.

Contested vs. Uncontested Divorce

An uncontested divorce happens when both spouses agree on all the major issues — division of property and debt, alimony, timesharing, and child support. These cases are usually faster, less expensive, and less stressful. A contested divorce arises when the spouses cannot agree on one or more issues, requiring negotiation, mediation, and sometimes a trial for a judge to decide. Many cases begin as contested and settle along the way. Whichever path your case takes, we work to resolve disputes efficiently while protecting what matters most to you.

Equitable Distribution of Property and Debt

Florida divides marital property and debt through equitable distribution — a fair division that is not necessarily an even 50/50 split. Generally, assets and debts acquired during the marriage are “marital” and subject to division, while property owned before the marriage or received individually by gift or inheritance is often “non-marital” and stays with the original owner. Courts consider factors such as each spouse’s contributions to the marriage, the length of the marriage, and the economic circumstances of each party. Proper valuation of homes, retirement accounts, businesses, and debts is critical — and an area where experienced counsel makes a real difference.

The Divorce Process and Timeline in Florida

Most Florida divorces follow a similar path:

1. Filing the petition. One spouse files a Petition for Dissolution of Marriage in the county where they live (Brevard County for Space Coast residents). At least one spouse must have lived in Florida for six months before filing.
2. Service and response. The other spouse is formally served and has 20 days to respond.
3. Financial disclosure. Both spouses exchange mandatory financial information — income, assets, debts, and expenses.
4. Mediation. Florida courts typically require mediation to give spouses a chance to settle their disputes privately before trial.
5. Settlement or trial. If you reach agreement, the terms are written into a settlement and approved by the court. If not, a judge decides the contested issues at trial.
6. Final judgment. The court enters a Final Judgment of Dissolution of Marriage, legally ending the marriage. Florida requires a minimum 20-day waiting period after filing before a divorce can be finalized.

An uncontested divorce can sometimes wrap up in a few weeks to a couple of months, while a contested case may take many months or longer depending on its complexity and the court’s schedule.

How Children and Support Fit Into Your Divorce

When a divorcing couple has children, the court also addresses parenting and support before the divorce is final. You will need a parenting plan that sets out parental responsibility (decision-making) and a timesharing schedule, decided according to the best interests of the child. Child support is then calculated using Florida’s statewide guidelines, which factor in both parents’ incomes, the timesharing schedule, health insurance, and childcare costs. Depending on the marriage and each spouse’s finances, alimony may also be part of the outcome. We make sure these pieces fit together in a way that protects both your children and your financial future.

Why Hire a Local Melbourne Divorce Attorney

Divorce is governed by Florida law, but it plays out in your local courthouse. A Melbourne-based attorney who regularly practices in Brevard County knows the local judges, court procedures, and mediators — and that familiarity helps your case move more smoothly. Just as important, a local attorney is accessible: someone you can meet with, call, and rely on close to home. At Brunelli Law, you work directly with Marjorie Brunelli, who gives your case the personal attention it deserves from start to finish, serving Melbourne, Palm Bay, Rockledge, Cocoa, Satellite Beach, Merritt Island, Viera, and the surrounding communities.

Divorce Guidance in English and Portuguese

For Brazilian families on the Space Coast, divorce can raise added questions — about documents, communication, and how decisions affect family both here and in Brazil. Marjorie Brunelli speaks fluent Portuguese and understands these concerns firsthand, so you can ask questions and make decisions with full confidence. Atendemos a comunidade brasileira em português, com atenção pessoal e cuidado.

This page is general information, not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, please consult a licensed Florida attorney.