Frequently Asked Questions

Divorce & Family Law

How do I start a divorce in Florida?

File a petition for dissolution of marriage at your county courthouse. If possible, consult a family law attorney for guidance on forms, strategy, and how to protect your rights and property.

What is the difference between contested and uncontested divorce?

Contested divorces involve disagreements over children, property, or support; uncontested divorces mean you agree on all terms and the process is faster and less costly.

Do I have to be separated before filing for divorce in Florida?

No. Florida does not require legal separation before filing for divorce.

How is child custody (time-sharing) decided?

The court uses the “best interests of the child” standard, considering factors like parenting ability, stability, cooperation, and the child’s needs.

Is Florida a 50/50 custody state?

Florida courts start with the assumption that equal time-sharing is best but can adjust based on the family’s unique circumstances.

Can alimony or child support be changed after divorce?

Yes. If circumstances significantly change, either party can ask the court to modify support or custody orders.

What are the benefits of a collaborative divorce?

Collaborative divorce uses a team approach, is confidential and often less adversarial, allowing couples to craft child-focused, personalized solutions outside of court.

How long does a divorce usually take?

Uncontested divorces can take a few months; contested cases may last a year or more depending on complexity and court backlog.

Estate Planning

Do I need a will, a trust, or both in Florida?

Most people benefit from both—a will controls probate assets, names guardians, and covers anything not in a trust, while a trust keeps assets out of probate, provides privacy, and allows faster inheritance transfers.

What is a durable power of attorney?

This document lets you name someone you trust to manage finances, legal, and business affairs if you are incapacitated.

What is a healthcare surrogate?

A healthcare surrogate is someone legally appointed to make medical decisions on your behalf if you cannot communicate or are incapacitated.

What can I do to avoid probate in Florida?

Use revocable trusts, beneficiary designations, joint titling, and other tools. A local estate planning attorney can help you create a custom plan.

How do I update my estate plan after a divorce or remarriage?

Update your will, trust, and all beneficiary forms as soon as your relationship changes. Florida law can change asset distribution after major life events.

What happens if I die without a will?

Florida’s intestacy law will determine who inherits, which may not be what you want. Having a will gives you control.

Get More Guidance

For questions on your unique legal situation, or to schedule a free confidential consultation, contact Joel E. Greenberg Law. Serving Plantation, Broward County, and all of South Florida with experience, clarity, and care.