Nicole Benjamin - Benjamin Law, P.A.
Collaborative Divorce - Benjamin Law, P.A.


Divorce involves a wide range of legal issues. Even if the divorce is uncontested, the process can be stressful and emotionally challenging. At the most basic level the parties must consider how to divide the marital assets and whether spousal support/alimony is appropriate. If there are children, then custody/parenting plans, including timesharing, and child support issues must also be considered.

It may seem simple but resolving any of these issues eventually becomes more complicated as more specific issues arise.

In Order To File A Divorce In Florida, You Must Meet The Following Requirements:

  1. You or your spouse must reside in Florida for at least 6 months prior to filing for divorce.
  2. You must wait at least 20 days after filing before the divorce is final.

How to File for Divorce in Florida

The actual process of filing for divorce in Florida is relatively simple — the devil is in the details. To file for divorce, you must do the following:

  1. Complete a Petition for the Dissolution of Marriage and then file it with the court.
  2. Have your petition and other forms served on your spouse.
  3. Make a series of financial disclosures.
  4. Negotiate with your spouse about the terms of your divorce or attend trial.
  5. Obtain a court order ending your marriage.


This contact form is deactivated because you refused to accept Google reCaptcha service which is necessary to validate any messages sent by the form.

Some Of The Common Issues That Cause Disagreement Among Couples Seeking A Divorce:

Divorce - Benjamin Law, P.A.Property Division

In a Florida divorce, property is divided according to the concept of equitable division. This means that a judge will determine a fair division of property acquired during the marriage.

The judge will consider factors such as each spouse’s contribution to acquiring the property, each spouse’s income and economic circumstances, the length of the marriage, and more.

Child Custody

Child custody in Florida includes both parenting time and parental responsibility. Parenting time is the time that parents spend with a child, sometimes called visitation.

Courts can divide parenting time evenly, award it mostly to one parent, or award it exclusively to one parent. Parental responsibility is the right to make decisions about the child’s life, health, and well-being. Such decisions include where the child will go to school and major medical decisions.

The judge will award both parental responsibility and parenting time based on the child’s best interests. If there is evidence of child abuse or neglect by one spouse, that spouse may not receive custody rights.

Alimony And Spousal Support

Alimony is designed to allow one spouse to adjust to covering their expenses with one income instead of two. Florida courts can award different types of alimony based on the situation. Most forms of alimony in Florida are temporary.

One spouse makes payments for a finite length of time, whether that while the divorce case is pending or while the receiving spouse completes job training or a degree.

Contact An Orlando Divorce Attorney

At Benjamin Law, P.A., our focus is on the big picture. We take a collaborative approach to our cases in an effort to do what is in the best interests of the children, and the family unit as a whole. Our ultimate goal is to find ways to resolve your case through negotiation and mediation, but if litigation becomes necessary, we will not hesitate to take your case to trial.

Contact Us To Schedule An Appointment

Skip to content