These are the questions Brevard County residents actually ask us about divorce — in consultations, on the phone, and at kitchen tables across the Space Coast — answered plainly under current Florida law by The Law Office of John Vernon Moore, P.A. For depth on any topic, follow the links to our full guides.
Getting Started
Do I need a reason to divorce in Florida?
No. Florida is no-fault — asserting the marriage is irretrievably broken is enough, and your spouse cannot block it. Details: grounds for divorce.
How long do I have to live in Florida first?
One spouse must have resided in Florida for the six months before filing, proven by a Florida license, voter registration, or witness. Military members keep Florida residency through out-of-state postings. Details: residency requirements.
How long will my divorce take?
Simplified: ~30 days. Uncontested: 1–3 months. Contested: commonly 6–14 months. Details: divorce timeline.
How much will it cost?
Filing runs about $400 in court fees. Attorney costs track conflict: agreed cases cost a small fraction of litigated ones, and the fastest way to lower your bill is realistic positions and organized documents. Start with our divorce checklist.
Property and Money
Is Florida a 50/50 state?
Florida presumes an equal division of marital assets and debts is equitable, with deviations for statutory factors. Premarital property, gifts, and inheritances kept separate are not divided. Details: equitable distribution.
Who gets the house?
Whoever can realistically afford it — via agreement or judgment, usually with an equity offset and a refinance deadline. With children, courts sometimes defer sale for stability.
Does Florida still have permanent alimony?
No — eliminated in 2023. Courts award temporary, bridge-the-gap (≤2 years), rehabilitative (≤5 years), or durational alimony capped by marriage length, with amounts limited to need or 35% of the net-income difference, whichever is less. Details: alimony.
My spouse hid money. What can I do?
Discovery, subpoenas, and forensic accounting expose most concealment, and judges punish it — including with unequal distributions. Details: complex asset divorce.
Children
Does Florida favor mothers?
No. The law is gender-neutral and, since 2023, presumes equal time-sharing is in children’s best interests — rebuttable only with evidence tied to the statutory factors. Details: time-sharing.
Can my child pick which parent to live with?
A mature child’s preference is one factor among many — never controlling, and there is no magic age. Judges rarely have children testify.
How is child support set?
By the § 61.30 income-shares formula: both parents’ net incomes, the statutory schedule, childcare and insurance add-ons, adjusted at 73+ overnights. Parents cannot waive it. Details: child support guidelines.
Can I move away with the kids after divorce?
A move of 50+ miles for 60+ days requires the other parent’s written agreement or court approval under § 61.13001. Moving first and asking later is a serious mistake. Details: relocation.
Process
I was just served. What now?
You have 20 days to respond or risk default. Details: responding to divorce papers.
Who pays the bills while the divorce is pending?
Temporary orders can set support, exclusive use of the home, and even interim attorney’s fees. Details: temporary relief.
Will we end up in a courtroom?
Probably not — most cases settle, often at mandatory mediation. When trial is necessary, preparation decides it. Details: divorce trials.
Do I really need a lawyer?
Florida lets you self-represent. Whether you should depends on what’s at stake: children, retirement accounts, a business, support, or an unrepresented opponent with counsel are each good reasons not to go alone — and a free consultation costs you nothing but an hour.
Ask Us Your Question Directly
Every case turns on its facts. Our team — with over 89 years of combined legal experience — answers questions like these all day, and the first 30 minutes are free. Call (321) 529-7777 or contact us online.