Family Law FAQ for Florida
Answers to common questions about family law laws, costs, and procedures in Florida.
What is the statute of limitations for family law in Florida?
In Florida, the statute of limitations for family law cases is 20 days to respond to divorce petition. This deadline is established under Fla. Stat. § 61.052. Florida is an equitable distribution state with no-fault divorce. Permanent alimony was significantly reformed in 2023 legislation.
What courts handle family law cases in Florida?
Florida's court system for family law cases follows this hierarchy: Circuit Courts (general jurisdiction) → District Courts of Appeal (six districts) → Supreme Court of Florida. The appropriate court depends on the monetary amount in controversy and the specific nature of your family law matter.
Does Florida require mandatory arbitration for family law?
No, Florida does not require mandatory arbitration for family law cases. Parties may voluntarily agree to arbitration, but it is not a court-imposed prerequisite before proceeding to litigation.
What are the filing fees for family law in Florida?
Civil filing fees in Florida typically range from $300-$400. The exact fee depends on the type of family law case, the court where you file, and whether additional motions are required. Contact the local clerk of court for the most current fee schedule.
Is Florida a community property state?
Florida follows an equitable distribution system. This means courts divide marital property based on what is fair and equitable, considering factors like each spouse's contributions, earning capacity, and the length of the marriage.
Does Florida allow fault-based divorce?
Florida allows no-fault divorce only. This simplifies the divorce process by eliminating the need to prove wrongdoing by either spouse, though other factors still affect property division and custody outcomes.
What makes Florida's family law laws unique?
Florida has one of the strongest homestead exemptions in the country, protecting an unlimited dollar amount of home equity from creditors. The state has no personal income tax, and its constitution provides uniquely broad rights to public records and government transparency through its "Sunshine Law." Additionally, regarding family law specifically: Florida is an equitable distribution state with no-fault divorce. Permanent alimony was significantly reformed in 2023 legislation. Understanding these unique aspects of Florida law is critical for anyone involved in a family law matter in the state.
How many lawyers practice family law in Florida?
Florida has approximately 110,000 active licensed attorneys. While not all specialize in family law, the state's legal market provides a range of options from solo practitioners to large firms. Florida has a mandatory (unified) bar, meaning all practicing attorneys must be members.
What are the CLE requirements in Florida?
Florida requires attorneys to complete 33 hours of continuing legal education (CLE) annually, including 5 hours of ethics. Florida requires 33 CLE hours every three years (11/yr average), including 5 hours of ethics. The Florida Bar offers board certification in 27 specialty areas, one of the most extensive programs in the nation. This ensures that attorneys practicing family law in Florida stay current with legal developments.
Can lawyers specialize in family law in Florida?
Yes, Florida offers board-certified specialization programs for attorneys. Lawyers who earn certification in family law have demonstrated advanced knowledge and experience in the field, which can be a helpful indicator when choosing legal representation.
Where can I check a Florida lawyer's disciplinary record?
You can verify a Florida attorney's standing and check for any disciplinary actions through the state bar's public discipline portal at https://www.floridabar.org/the-florida-bar-news/discipline/. It is always recommended to check an attorney's record before hiring them for your family law matter.
How can automation help with family law in Florida?
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Where can I find more information about Florida's bar association?
The Florida Bar Association website is available at https://www.floridabar.org. This is the primary resource for finding licensed attorneys, understanding your rights, accessing legal aid programs, and learning about family law laws specific to Florida.
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