What is the Cost of a Florida Divorce?

What is the cost of a Florida Divorce? 

 

So you ask, what is the cost of a Florida divorce. The cost of a Florida Divorce depends primarily on whether the matter is uncontested, mediated, or litigated.  The total expense of a Florida divorce varies widely based on how the case proceeds, the level of disagreement between the parties, and the involvement of professionals. 

 

What is the cost of a Florida divorce for a self represented litigant in an uncontested divorce case?

 

A self represented litigant in an uncontested divorce can expect to spend $500 or more on filing fees and similar expenses. 

 

The cost of a Florida divorce where the issues are uncontested with an attorney involved?

 

An uncontested divorce with an attorney representing one party is likely to cost that party $3,500 to $5,000 in legal fees, plus filing fees and similar expenses, depending on the issues involved.

 

The cost of a moderately contested Florida divorce?

 

A moderately contested divorce is likely to cost each side $10,000 to $30,000 or more in legal fees, plus filing fees and similar expenses, depending on the issues involved.

 

What is the cost of a Florida divorce where the issues are contested?

 

A more contested case with custody or  high value asset issues is likely to cost $30,000 to $100,000 or more in legal fees for each side.  A more contested case will also likely involve the involvement of a Guardian ad Litem for custody cases, consultant or other professionals, and/or a forensic account for contested financial issues which all add significantly to fees.

 

What is the cost of a Florida Divorce, when does the divorce cost more?

 

When considering what is the cost of a Florida Divorce, fees increase substantially where the parties dispute:

1. parental responsibility or time-sharing;

2. child support or alimony;classification;

3. valuation, or division of property;ownership of a business, real estate, or retirement benefits;

4. financial disclosure or alleged concealment of assets; or

5. temporary relief, discovery, expert evidence, and/or require a trial.

Florida permits courts to award attorney’s fees based on the parties’ respective financial circumstances under Fla. Stat. § 61.16, so one spouse may be ordered to contribute to the other’s fees.

If you want to talk to an attorney about the costs of divorce in your case call us, Miami Divorce Attorneys, on (786) 539-4935.

Miami Divorce Lawyers and Family Lawyers Here to Help

 

Selected Best Family Law Attorneys in Miami, FL for 2026

We are please to have been Selected Best Family Law Attorneys in Miami by Lawful for 2026. Lawful reviewed family law attorneys in Miami, FL for 2026 and we were selected as one of the best.

Lawful finds and reviews the top businesses across the U.S. Each month, they research more than 10,000 businesses to help customers find the best-qualified lawyers for their needs. Their research process always evolves to keep up with industry changes, so they are confident that the lawyers they feature are the best of the best.

We appreciate the recognition from Lawful as another recognition of our hard work helping clients with their family law problems.  We strive to be the best family law attorneys in Miami and add this to our numerous other accolades. If you would like a consultation you can call us on (786) 539-4935.

BusinessRate selected Best Divorce Lawyer Little Havana 2026

We are pleased to have been selected by BusinessRate as the Best Divorce Lawyer in Little Havana for 2026.  BusinessRate identifies local leaders in customer satisfaction, brand reputation, and service excellence.

Law Offices of Robert J. Hanreck award for Best Divorce Lawyer

We are your best choice for proven, experienced, divorce, family and litigation lawyers in Miami. We have in excess of 60 years of combined legal experience helping our clients with their legal problems. Our team of lawyers and attorneys takes pride in efficiently, aggressively and zealously representing our clients’ best interests. (786) 539-4935.

Best Lawyer to Domesticate Your Foreign Judgments in Florida

Best Lawyer to Domesticate Your Foreign Judgments in Florida

We are lawyers with experience domesticating, recording, and enforcing foreign judgments in Florida. Contact us on (786) 539-4935 if you would like to discuss your situation.

What is a Foreign Judgment?

A foreign judgment is a judgment of another U.S. state or a judgment obtained in another country.  To make it effective in Florida you have to domesticate the foreign judgment in Florida.

When you domesticate a foreign judgment you ask the Florida Courts to recognize and enforce the judgment as if it were a judgment of a Florida Court.

Once the judgment is properly recorded, the clerk files, records, and indexes it in the same manner as a Florida judgment, and the judgment then has the same effect as a Florida circuit or county court judgment, subject to the same procedural rules and defenses.

How can you Domesticate Your Foreign Judgment in Florida?

Foreign Judgments can be domesticated in Florida pursuant to Florida Statutes Chapter 55, 61, and 88 depending on where the judgment came from and the type of Judgment.

The mechanism used to domesticate a foreign judgment in Florida depends on where it was issued and its subject matter.  Support orders, child custody determinations, and money judgments rely on different statutory provisions and requirements for domestication and enforcement. 

Call us to discuss if you can domesticate your foreign judgment in Florida on (786) 539-4935.

 

Partition of Real Property, Carrying Costs and Rent; Need to Know.

Partition of Real Property, Carrying Costs and Rent; Need to Know. Where a real property is jointly owned and the parties can not agree on its division, sale and/or how to divide the proceeds of the sale, the property can be partitioned, and/or sold by the Court.

When partitioning a property issues arise as to carrying costs, rental value, and rental receipts, who should pay what, and who should receive what credits.

If both parties were in possession of the real property, the carrying costs costs and any rental profits are normally split equally.

If one party is out of possession, they would normally receive a credit for half of the fair rental value of the property after deduction of half of the properties’ expenses.

In the case of Cauble v. Kaczmarski, the Third District Court of Appeals for the State of Florida considered the partition of real property, carrying costs, and rent.   The court determined that one of the parties was not in joint possession of a property as he had no key, having surrendered possession of the unit to the other party who rented it out and kept all rental proceeds.

The Court held that therefore that parties use of the property was  disproportionate to his fifty-percent ownership interest. As an out-of-possession co-owner, was (i) not responsible for the in possession co-owner’s half of the carrying costs and (ii) entitled to have the rent collected by the in possession co-owner from Castle Beach applied as a credit against the other co-owner’s obligation for her half of the Castle Beach carrying costs. 

If you have questions about partition of real property, carrying costs, and credits, call us to discuss your situation. (786) 539-4935.

Proven, Experienced, Divorce, Family and Litigation Lawyers in Miami

Family Law, Divorce, and Civil Litigation Lawyers, Selected for Recognition By Elite Lawyer

https://www.elitelawyer.com/profile/8238-robert-hanreck Elite Lawyer in Miami 2025

We are proud to announce we have been selected for a national recognition and award by Elite Lawyer.  We work hard to assist our clients in family law, divorce, and civil litigation cases including accidents and injuries cases and appreciate the recognition for our efforts and success in doing so. Call us so we can put our experience to work for you.

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The Elite Lawyer Advisory Panel reviews, rates, and evaluates attorneys based on their legal history, experience, and reputation to ensure they are Elite Lawyer material. Gathered from a variety of resources, including both online and print publications and databases, some of these factors carry more weight than others.

The Award’s criteria is based upon several indicators of professional achievement, reputation, commitment to community, and legal competence, including:

  • Legal experience
  • Settlements and verdicts
  • National or local honors and/or awards
  • Special licensing, credentials, and certification
  • Service/commitment to their community
  • Service/commitment to the legal profession as a whole
  • Memberships and positions held
  • Bar activity
  • Years in practice
  • Professional reputation
  • Education/employment
  • Position held within a law firm
  • Any additional achievements or experience deemed relative by the Advisory Panel

 

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Does A Contract Need To Be Signed to Be Enforceable?

Under Florida law it is best to have a signed contract in writing but an oral contract or a written contract without a signature can still be enforceable depending on the facts of the case.  Call us and we can discuss your contract and its enforceability.

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It “is a threshold question of law for the trial court.” to determine if a contract exists. L & H Constr. Co. v. Circle Redmont, Inc., 55 So. 3d 630, 634 (Fla. 5th DCA 2011). To prove the existence of a contract under Florida law a party must prove: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specificity of the essential terms. Kolodziej v. Mason, 774 F.3d 736, 740–41 (11th Cir. 2014) (citing  Joe Corp. v. McIver, 875 So. 2d 375, 381 (Fla. 2004).

A contract can be binding on a party despite the absence of a party’s signature. Gateway Cable Television, Inc. v. Vikoa Constr. Corp., 253 So. 2d 461, 463 (Fla. 1st DCA 1971) (“The object of a signature is to show mutuality or assent, but these facts may be shown in other ways, for example, by the acts or conduct of the parties.”). 

“In absence of a signature, the courts look to a party’s words and conduct to determine whether the party assented to the agreement.” Fi-Evergreen Woods, LLC v. Robinson, 135 So. 3d 331, 336 (Fla. 5th DCA 2013) (citing W. Gay Enters., Inc. v. John Hall Elec. Contracting, Inc.,792 So. 2d 580, 581 (Fla. 4th DCA) (holding that by their words and conduct, the parties assented to the terms of the contract).

Florida courts uniformly hold that performance under a contract constitutes assent. See Integrated Health Servs. of Green Briar, Inc. v. Lopez-Silvero, 827 So. 2d 338, 339 (Fla. 3d DCA 2002) (holding that an unsigned contract was valid and binding because, although the defendant nursing home did not sign it, it “acted as if they had a valid contract” by providing the plaintiff care for over two months); L & H Construction, 55 So. 3d at 634 (finding party who did not sign agreement “clearly accepted the proposal by its actions, i.e. paying the initial $5,000 deposit and the two subsequently invoiced $15,000 payments”); see also Sundial Partners, Inc. v. Atl. St. Cap. Mgmt. LLC, No. 8:15-CV-861-T-23JSS, 2016 WL 943981, at *5 (M.D. Fla. Jan. 8, 2016) (collecting cases), report and recommendation adopted, No. 8:15-CV-861-T-23JSS, 2016 WL 931135 (M.D. Fla. Mar. 11, 2016) (enforcing unsigned agreement to arbitrate, where party (i) confirmed receipt of the agreement; (ii) reviewed the agreement; (iii) never objected to the arbitration provision; (iv) never mentioned any concerns with the agreement; and (v) performed under the agreement).

Parties who do not sign a contract can be bound by it if  both parties perform under the contract. See James Register Constr. Co. v. Bobby Hancock Acoustics, Inc., 535 So. 2d 339, 340 (Fla. 1st DCA 1988). In James Register, the parties entered into a construction contract, but neither party signed it. Id. at 339–40. Both parties completed the construction, and the subcontractor filed suit. Id. at 339. The trial court awarded the subcontractor a portion of the general damages sought and a reasonable attorney’s fee.

Call us to discuss the contract and circumstances in your case.

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How is Child Custody Decided in Florida?

In Florida, child custody decisions are based on the best interests of the child, as outlined in Florida Statute Section 61.13.

The court considers various factors, such as the child’s physical, emotional, and developmental needs, the ability of each parent to provide a stable environment, and the history of parental involvement.

As of July 1, 2023, Florida law includes a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. 

The presumption of equal time-sharing in Florida is established under Florida Statute Section 61.13. This statute was amended to include a rebuttable presumption that equal time-sharing is in the best interests of the child, effective July 1, 2023.

This means the court starts with the assumption that equal time-sharing is ideal, but this can be challenged if evidence shows it is not suitable for the child.

Factors like parental fitness, distance between homes, and the child’s specific needs are considered to determine whether equal time-sharing is appropriate.

If you have questions about custody and time-sharing call us and we can discuss your situation.

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What Happens To Property And Assets In A Divorce?

keys to house for equitable distribution

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In a Florida, the division of property and assets during a divorce follows the principle of equitable distribution. This means that the court aims to divide marital property in a manner that is fair, though not necessarily equal. Here’s a breakdown of how it works:

1.  Marital vs. Non-Marital Property

  • Marital Property: Includes assets and debts acquired during the marriage, regardless of whose name is on the title. Examples include jointly owned homes, retirement accounts, and income earned during the marriage.

  • Non-Marital Property: Includes assets owned by one spouse before the marriage or acquired individually through inheritance or gifts. However, if non-marital property is commingled with marital assets (e.g., using marital funds to improve a home owned before marriage), it may be treated as marital property.

2.  Factors Considered in Distribution

Florida courts consider several factors when dividing property, such as:

  • The duration of the marriage.
  • Each spouse’s economic circumstances.
  • Contributions to the marriage, including homemaking and child-rearing.
  • Any intentional waste or dissipation of marital assets by either spouse.

3. Equitable Does Not Mean Equal

  • While the starting point is often a 50/50 split, the court may adjust this based on the circumstances. For example, one spouse might receive a larger share if they have primary custody of children and need the family home.

4. Debts and Liabilities

  • like assets, marital debts are divided equitably. This includes mortgages, credit card debts, and loans acquired during the marriage.

5. High-Asset Divorces

  • In cases involving significant assets, the process can become more complex. Forensic accountants and appraisers may be involved to determine the value of assets and ensure a fair division.

If you are navigating a divorce in Florida, consulting with a qualified attorney is crucial to protect your rights and ensure a fair outcome.

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Trusted Domestic Violence Attorneys in Miami: Here to Help

We are top rated Miami domestic violence injunction Lawyers who are ready to help you.

In Florida, domestic violence injunctions, also known as restraining orders, are legal orders designed to protect individuals from abuse or threats of abuse by a family member or intimate partner.  You can file for an injunction on your own but better to have a top rated Miami domestic violence help you.

How to Obtain an Injunction

To obtain a domestic violence injunction in Miami, the petitioner (the person seeking protection) must file a petition with the court. The petition should include as many details as possible about the incidents and the relationship between the parties involved. As many dates and specific facts should be included as possible.  The court may issue a temporary injunction to provide immediate protection until a full hearing can be held.

Consequences of Violating an Injunction

Violating a domestic violence injunction in Miami can have serious consequences. The violator may face criminal charges, arrest, and potential jail time.

Legal Assistance

It’s important for both petitioners and respondents to understand their rights and responsibilities. Consulting with an attorney can provide valuable guidance through the legal process and ensure that all necessary steps are taken to protect one’s safety and legal interests.

 

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Best Lawyer in Miami for Domestic Violence Injunctions