
Florida Divorce Lawyers
File For Divorce in FL
At the Virga Law Firm, our Florida divorce attorneys stand ready to assist you with all your legal needs. During a dissolution of marriage, we know the significance of timely action to achieve our clients' goals. Whether your divorce is contested or uncontested, we can quickly build an effective case for your individual needs.
Choose us for the experience you need. Call (800) 822-5170 or reach out to us online to schedule your consultation with our experienced Florida divorce attorneys today!
On This Page:
- Grounds for Dissolution of Marriage in Florida
- The Florida Divorce Process
- Uncontested Divorce in Florida
- Contested Divorce in Florida
- Annulment vs. Divorce in Florida
- Common Divorce Mistakes
- Contact a Florida Divorce Lawyer Today
- Commonly Asked Questions
For those undergoing divorce, the reasons are varied. In a legal sense, divorce is also known as dissolution of marriage.
Within the state of Florida, there are only two grounds for marriage dissolution:
- Irreconcilable Differences - This is the most common reason for divorce. Since Florida is a no-fault divorce state, neither party is assigned fault by the court. When the petitioner states that their marriage is “irretrievably broken,” this is known as irreconcilable differences. In common terms, this means that the couple can no longer coexist amicably.
- Mental Incapacity - The second ground for dissolution occurs when one of the parties is mentally incapacitated. A dissolution of marriage is not allowed unless the party alleged to be mentally incapacitated has been adjudged incapacitated for a preceding period of at least three years.
It is important to remember that even with these grounds, the process can become complicated due to issues like asset division, child custody, and spousal support. Therefore, having a knowledgeable attorney can significantly ease navigating these complexities.
Whatever your unique circumstances are, our individualized approach will identify the best pathway for effective case resolution. Furthermore, the firm’s divorce lawyers will assist with all relevant documentation and prepare you for every aspect of your case.
The first steps in the divorce process in Florida are:
- Pick up a divorce packet from your local court or download divorce forms from the Florida Courts website
- File a Petition for Dissolution and pay the fee (or have it waived, if applicable)
- File an Answer to Petition and Counterpetition
Once you have filed for divorce or responded to a divorce petition, you will either go the route of an uncontested divorce (without court) or a contested divorce (in court). This depends on whether you and your spouse are able to agree on the terms of your divorce, such as property division, custody, and support.
Florida law also requires both parties to attend a mandatory disclosure exchange. This involves providing detailed information on income, assets, liabilities, and other financial matters to ensure a fair settlement is reached. Additionally, the parties may be required to attend mediation sessions designed to facilitate an amicable resolution before proceeding to a court hearing.
Deciding on the right divorce lawyer in Florida is crucial for navigating the complexities of your case. When selecting an attorney, consider their experience in family law, specifically divorce proceedings. A lawyer with extensive experience in handling divorces in Florida will be well-versed in local laws and common proceedings, ensuring your case is efficiently managed. Evaluate their communication skills and how well they understand your specific needs. Clear and effective communication is vital to creating a strategy that best represents your interests.
Additionally, seek feedback or testimonials from former clients to gauge their satisfaction with the lawyer's services. Look for an attorney who can balance professional legal strategies with compassionate counsel. Given the emotional nature of divorce, an attorney should demonstrate empathy while maintaining a focus on achieving the best possible outcomes. Make sure they are accessible, offering flexible communication channels, so that you can reach them when needed without unnecessary delays.
In Florida, child custody—often referred to as parental responsibility—requires careful deliberation. The state prioritizes the child’s best interests, encouraging both parents to remain involved in the child’s life unless there are compelling reasons otherwise. Courts evaluate various factors, including the emotional bonds between the child and each parent, the child’s home, school, and community history, and the moral fitness of the parents. Working with a knowledgeable family law attorney is crucial in advocating for parental rights while prioritizing the child's well-being.
During custody disputes, aim to establish a comprehensive parenting plan detailing visitation schedules, decision-making responsibilities, and resolutions for potential disputes. This plan serves as a framework for co-parenting arrangements and helps minimize conflict. Legal support helps ensure that the agreement is both fair and in accordance with Florida’s statutory requirements. Representation can also provide insight into how factors like parental relocation or unique needs of the child might affect custody arrangements.
In some cases, both parties want an amicable end to the marriage. When the divorcing couple is willing to cooperate, no litigation is required. Both parties must agree upon the division of property and debt. This is known as simplified dissolution of marriage. In this event, the matter is resolved outside of court.
During an uncontested divorce, dedicated attorneys guide you through the process. Utilizing professional experience, our Florida divorce lawyers draft pleadings and build your marital settlement agreement with your needs prioritized.
In the event your divorce is not fully uncontested, a team of reputable attorneys will negotiate on your behalf. The Virga Law Firm’s divorce attorneys excel at mediation and reaching optimal solutions. Your needs are our priority.
Uncontested divorces typically proceed much more quickly than contested divorces, as they avoid the lengthy litigation process. This approach not only preserves privacy and reduces stress but also can be more cost-effective for both parties involved. However, it requires a high level of cooperation and mutual agreement between spouses.
In cases where one or more parties cannot agree on terms, this is known as regular dissolution of marriage, or a contested divorce. Often, volatile emotions are involved in contentious divorce proceedings, and many prospective clients undergo significant emotional stress. Our passionate litigators will work tirelessly to defend your rights and interests during this turbulent time.
Contested divorces can involve numerous court appearances, expert testimonies, and complex legal arguments, making them potentially more costly and time-consuming. While this route can be challenging, it may be necessary when significant disparities exist over asset distribution, child custody, or other critical issues. Working with skilled lawyers ensures you receive comprehensive support and representation throughout the process.
Sometimes prospective clients question the difference between annulment and divorce. With annulments, the dissolution is based on the premise that the marriage is void by law. As for divorce, the parties are considered ending a legally valid marriage. Since Florida lacks an annulment statute, there are no definitive fixed steps for proceeding. Annulments are typically more difficult to attain because they require a higher burden of proof.
Within the state of Florida, some of the grounds for annulment are as follows:
- Underage Spouse - While uncommon, this still occurs from time to time. If any party was under 18 years old and lacked either parental consent or court approval, pursuing annulment is permissible.
- Fraud or Duress - A valid marriage consists of two free and voluntary parties. If any party was forced to enter the marriage under coercion or threat, this is duress. Correspondingly, if any party enters the marriage under false pretense, this is fraud. Showing either of these conditions is grounds for annulment.
- Capacity - Grounds for marriage dissolution via annulment also include mental incapacity and physical disability. Concerning mental incapacity, the petitioner would have had to discover the disability after the marriage occurred. The influence of alcohol or drugs during the time of marriage could affect one’s capacity for consent.
Annulments are often pursued due to religious or personal beliefs about marriage. Unlike divorce, where assets and liabilities are equitably divided, an annulment attempts to restore parties to their original status as if the marriage had never legally existed. It is essential to be fully informed of these differences when considering annulment over divorce.
Common Mistakes in Divorce
Divorce can be one of the most challenging periods of a person's life, often marked by emotional and financial upheaval. Unfortunately, the heightened stress can lead to common mistakes that may prolong the process or result in unfavorable outcomes. Here are some of the typical pitfalls:
- Lack of Preparation: Many individuals enter divorce proceedings without a comprehensive understanding of their financial situation or the implications of their decisions. This can lead to settlements that do not reflect their best interests.
- Letting Emotions Drive Decisions: Divorces often involve intense emotional reactions, which can cloud judgment. Decisions driven by anger or hurt can sabotage negotiations or lead to unnecessarily contentious disputes.
- Failure to Communicate: Poor communication between spouses can lead to misunderstandings and missed opportunities for a resolution, creating an adversarial atmosphere in otherwise agreeable situations.
- Overlooking Long-term Impact: Some focus solely on immediate relief, such as retaining the family home, without considering long-term financial sustainability.
- Neglecting Legal Advice: Attempting to handle the divorce independently can result in overlooking critical legal details that affect asset division, custody, and support payments.
Avoiding these common mistakes requires careful planning and the assistance of experienced legal professionals. Seeking guidance from a divorce attorney ensures that every critical aspect of the divorce is considered, ultimately safeguarding your rights and interests. Additionally, building a support network of counselors or therapists can help manage stress and emotional challenges during this period.
How a Florida Divorce Attorney Can Help
Navigating a divorce requires substantial experience and strategic foresight. Few people have an understanding of all the legal intricacies involved in the divorce process, which is why having a knowledgeable Florida divorce lawyer is important.
Here’s how a divorce lawyer can help you avoid these mistakes:
- Comprehensive Financial Planning: An attorney will assist in inventorying assets and liabilities, ensuring you have a clear picture of your financial situation to make informed decisions.
- Objective Guidance and Support: Divorce attorneys provide a level-headed perspective, helping clients remain focused on the practical aspects of divorce instead of letting emotions guide the process.
- Effective Communication Facilitation: Attorneys can act as mediators, facilitating better communication between spouses to achieve amicable settlements and keeping the discourse centered on productive outcomes.
- Protecting Long-term Interests: By helping evaluate the long-term ramifications of each decision, a lawyer ensures that clients choose options beneficial for their future.
- Comprehensive Legal Counsel: With extensive knowledge of family law, a Florida divorce attorney ensures compliance with all legal requirements, preventing costly mistakes and protecting clients’ rights and interests.
A skilled attorney can be instrumental in navigating the complexities of divorce, providing peace of mind and a path toward a stable future. Reach out to the experienced team at the Virga Law Firm to ensure your interests are diligently represented throughout the divorce process.
Protect Your Family's Future with The Virga Law Firm
Going through a divorce can be emotionally challenging and legally complex. At The Virga Law Firm, P.A., our experienced Florida divorce lawyers are dedicated to helping you navigate the legal process with compassion and skill. We understand the importance of protecting your family's future and will work tirelessly to achieve the best possible outcome for your case.
When you choose The Virga Law Firm, you can expect:
- Personalized attention and support throughout your case
- Thorough knowledge of Florida family law and divorce proceedings
- Strategic legal representation tailored to your unique situation
- Effective communication and timely updates on your case
- A commitment to achieving the best results for you and your family
Don't face the challenges of divorce alone. Contact The Virga Law Firm today to schedule a consultation with a skilled Florida divorce lawyer who will fight for your rights and protect your family's future.
At The Virga Law Firm, our seasoned litigators will use personalized assessments to determine the best path for resolution. We proudly serve Orlando, Navarre, Pensacola, Fort Walton Beach, Panama City and Panama City Beach, Florida. Whether through annulment or divorce, let our Florida divorce attorneys develop an individualized strategy to best meet your goals.
To determine whether divorce or annulment best suits your legal needs, contact our dedicated Florida divorce lawyers at (800) 822-5170 for a consultation today.

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