Divorce Lawyer in West Palm Beach

Florida Is a No-Fault Divorce State

Florida does not require you to prove wrongdoing to end a marriage. To file for a “dissolution of marriage,” you only need to show that the marriage is “irretrievably broken,” or in limited cases, that a spouse has been deemed mentally incapacitated for the required period. One spouse must have lived in Florida for at least six months before filing.

Contested vs. Uncontested Divorce

An uncontested divorce is one in which both spouses agree on all major issues, including the division of property and debt, time-sharing and parental responsibility for any children, child support, and any alimony. These cases are typically faster and less costly. A contested divorce is one in which the spouses disagree on one or more of these issues. Many contested cases still settle through negotiation or mediation rather than a trial. We regularly handle both.

Equitable Distribution of Property and Debt

Florida follows the principle of equitable distribution, meaning marital assets and debts are divided fairly, which usually means equally unless a fair result calls for something different. Marital property generally includes assets and debts acquired during the marriage, while separate property typically includes what each spouse owned before the marriage or received individually by gift or inheritance. The marital home, retirement accounts, and business interests often require careful attention.

The Divorce Process and Timeline

A Florida divorce begins when one spouse files a petition and the other is served and responds. Both spouses must exchange financial information through mandatory disclosure. Many Palm Beach County cases are referred to mediation before trial, and cases proceed through the Fifteenth Judicial Circuit. A straightforward uncontested case may conclude in a few weeks, while a contested case can take several months or longer.

How Children and Support Fit In

When a divorcing couple shares minor children, the court must also address parental responsibility, a time-sharing schedule, and child support before the divorce is final. Florida uses an income-shares model for child support and starts from the premise that children benefit from substantial and meaningful contact with both parents. These issues are decided based on the best interests of the child.

Why Work With a Local West Palm Beach Attorney

Family law is governed by Florida statutes, but local practice matters. An attorney familiar with the Fifteenth Judicial Circuit understands local procedures and expectations. Marjorie Brunelli gives each client personal attention and straightforward advice, and our bilingual English and Portuguese service helps ensure nothing is lost in translation.

This page provides general information and is not legal advice.