Divorces are difficult experiences for everyone involved. The process can be long and stressful. The cost of divorce in Florida depends on several factors and varies significantly from case to case.
To help you plan and budget for a divorce, here’s a look at common divorce expenses in Florida. For specific questions about your case, contact Conti Moore Law Divorce Lawyers for a free consultation.
Divorces in Orlando, Florida
There are different types of divorces in Florida. The simplest is a simplified dissolution of marriage. In this type of divorce, the spouses have already worked out the details.
There are only a few requirements to meet, such as living in the state for six months prior to filling. An attorney can help you determine whether this option is best for you.
Assuming you qualify for a simplified dissolution of marriage, it’s a straightforward, two-step process:
- The parties show proof of Florida residency and file paperwork at their county clerk’s office.
- The spouses attend a final hearing to confirm the marriage’s dissolution.
This is the least expensive type of divorce. There are limited legal fees and court costs. However, when the parties can’t agree to terms, things get more complicated.
In these situations, the parties may need to hire lawyers, and there are additional expenses to consider. The cost of a divorce will depend on the specific requests of the spouses and how long it takes to reach an agreement.
Factors Impacting the Cost of Divorce in Florida
There is no average cost of a divorce in Florida. The cost varies widely based on:
- The amount and type of assets the spouses own;
- How shared property is divided;
- Whether or not there are shared debts;
- The number and age of children or dependents;
- Whether or not one of the spouses seeks alimony;
- The amount of legal fees;
- Whether or not the parties go to trial;
- Whether or not expert witnesses, mediators, or alternative dispute resolution are needed.
To help you understand and plan for these fees, here’s a more in-depth look at some of the major factors impacting how much a Florida divorce costs.
Legal Fees for a Florida Divorce
Most Florida divorce lawyers charge an hourly rate. The national average for divorce attorneys is $225-$310 per hour. In Florida, the cost of living is slightly above the national average, so you should generally expect to pay hourly rates at the top of that range or slightly above that range.
Most lawyers require an upfront retainer fee, which has to be paid in full when a divorce lawyer is hired. However, this payment will go toward the time the attorney spends on your case.
The amount of legal fees largely depends on how long the divorce takes. The length of the divorce depends on factors like:
- The complexity of the case,
- Whether a trial or mediation is necessary; and
- How long it takes the parties to reach an agreement
Some divorces take much longer to resolve than others.
Florida Court Costs
The filing fee for divorces in Florida is approximately $400. There can also be additional service processing fees. If your case goes to trial, there will be additional court costs and fees.
If the parties can’t reach an agreement, they’ll either have to go to trial or take advantage of alternative dispute resolution. Alternative dispute resolution (ADR) includes mediation and arbitration. While there are fees for these services, they are usually significantly less expensive than going to trial.
ADR offers several benefits for parties, including:
- Saving time and money
- Creating a legally enforceable compromise
- Giving the parties control over the final agreement (rather than a judge or jury having control)
Your lawyer can provide you with insight into whether ADR might be your best option.
Child Custody and Child Support
Divorces involving child custody or child support are usually more complicated and expensive than other divorces. Florida law has specific guidelines and instructions for support, which are based on the facts of each case.
While there are prescribed guidelines, courts have the discretion to go up or down by 5% based on the specific facts of each case. Factors that courts consider are:
- Age of children
- Needs of children
- Abilities of each parent
- The current standard of living
When it comes to these issues, ultimately, the primary consideration under state law is whether the support and custody arrangements are in the “best interests of the child.”
Property Division
Marital property and real estate can be difficult to divide during a divorce. Florida is an equitable distribution state, which means that property will be divided fairly, not necessarily equally.
To do this, the property is usually valued at the fair market value. This is the estimated number that the parties could get if the property was sold at the time of the divorce. While there is a clear method for valuing and distributing property, dealing with real property can be difficult.
If the parties can’t decide how to distribute property, it can prolong the process and increase the cost of the divorce.
Alimony
Courts have more discretion when deciding on alimony than they do with child support. There are no prescribed rules for alimony. Instead, the court will look at the specific facts of the case to determine whether alimony is appropriate and the amount of alimony.
Factors courts consider when setting alimony in a Florida divorce are:
- The length of the marriage
- The ages of the spouses
- The spouses’ financial resources
- Each party’s education and skill set
- Each party’s earning capacity
Courts may consider other factors as well, based on the facts of the case.
How To Handle Expenses in a Florida Divorce
If you’re facing a divorce or concerned about the expense of a divorce, there are some things you can do to plan and minimize expenses. If you’re planning for a divorce:
- Talk with a divorce lawyer about your situation;
- Create a budget for divorce expenses;
- Understand and talk with an expert about the expenses involved in your case
- Gather all financial statements and create an inventory of assets
- Track your income and expenses
The earlier you get started in this process, the better for your legal interests.
Discuss Your Case With a Florida Divorce Attorney
If you’re facing divorce in Florida, it’s worth your time to contact an attorney for an initial consultation. An experienced attorney can advise you on your legal rights and options. They can also protect your interests and help you make decisions aligned with your desired outcomes.
Contact the Orlando Family and Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC for Help Today
Conti Moore Divorce Lawyers offers a free consultation to review your case and provide some initial advice. We also offer a Florida Family Law Do-It-Yourself (DIY) Online Course. Call or contact us online for more information.
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC by calling (407) 831-0203 to schedule a free consultation.
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
United States