Divorce

Divorce is frequently one of life’s most emotionally challenging and legally complex transitions. If you are considering or facing divorce, working with a trusted attorney can help you navigate this moment and move forward.

A qualified Dade City divorce attorney can guide you through child custody and support, property division, and more, helping protect your rights every step of the way.

At Newlon Law, P.A., we take a compassionate, client-centered approach to family law. Whether you need help with an amicable divorce or need someone to fight it out for you in the courtroom, our team offers the skill, knowledge, and support you need. If you need advice on how to handle a divorce, reach out today.

What Is Divorce?

Dissolution of marriage—divorce—is the legal end of a marriage. In Florida, divorce may involve:

• Division of assets and debts, 
• Child custody, 
• Child support, and
• Alimony.

If the marriage involved domestic violence, you may also seek a protective order during and after the divorce process.

What Does a Divorce Attorney Do?

A divorce attorney provides support and guidance throughout the divorce process. Your attorney will work to reduce stress, resolve disputes, and secure fair outcomes. Typical responsibilities include:

• Explaining your rights and options,
• Handling court filings and paperwork, and
• Representing you in negotiations or hearings.

Your attorney also helps enforce court orders and can assist with post-divorce order modifications should your situation change.

Florida Divorce Grounds

When you file for divorce, you provide a reason for the marriage ending. There are only two legal grounds for divorce in Florida: “irretrievable breakdown” and one spouse being mentally incapacitated. Mental incapacity is not a particularly common reason for divorce, so most individuals file based on there having been an irretrievable breakdown of the marriage.

When you file for a no-fault divorce, you select irretrievable breakdown as the reason. An irretrievable breakdown can simply mean one person no longer wants to be married. 

Child Custody

Florida law encourages parents to remain involved in their children’s lives unless one parent poses a risk to the child. Divorces involving children require decisions about:

• Where the child will live, 
• How parents will make important decisions about their child’s life, and 
• How parents will share time with the child. 

Florida uses the terms “parental responsibility” and “time-sharing” to refer to the authority to make decisions (legal custody) and the time the child is with the parent (physical custody or, if the child does not live with the parent relatively full time, visitation). 

Florida courts evaluate parenting issues based on the best interests of the child, which may involve considering:

• Each parent’s ability to act in the child’s best interest;
• How the child’s time will be divided between parents, including weekends, holidays, school breaks, and birthdays; 
• How parents will communicate with each other and with the child during exchanges, emergencies, or travel;
• Each parent’s ability to provide stability and maintain routines; and 
• Each parent’s ability and willingness to co-parent. 

A well-crafted parenting plan tailored to your family’s needs, such as accommodating alternating schedules, long-distance arrangements, or unique work shifts, can minimize conflict and support a healthier environment for the child.

Child Support in Florida

Both parents have a legal duty to support their children financially. Florida calculates child support based on a standardized formula, impacted by:

• Each parent’s monthly income, including salaries, wages, bonuses, commissions, rental income, and other earnings;
• The time-sharing arrangement, meaning the number of overnights each parent has with the child; and
• Costs such as health insurance premiums, daycare fees, and out-of-pocket medical care for the child.

You can request the modification of a child support order if you experience a substantial and material change in circumstances, such as a job loss, a significant raise, changes in childcare needs, or a shift in parenting time. Your divorce attorney in Dade City can help ensure the initial support order is fair and guide you through requesting any necessary modifications.

Property Division in Florida Divorce

Florida law requires courts to distribute marital assets and debts equitably. Equitable does not mean equal. It means fair based on each party’s circumstances and contributions. 

The court follows a three-step process:

• Classification—determining whether property is marital or non-marital;
• Valuation—assigning a fair market value to marital assets and debts; and
• Distribution—dividing marital property.

Generally, marital property is everything spouses acquire or earn during the marriage. However, marital property does not include property obtained:

• Before marriage,
• After separation,
• Through solo gifts, and
• Through inheritance. 

Debts work like assets. The primary question is whether the spouse acquired the debt during the marriage.

When evaluating an equitable division of assets, courts may consider:

• Each spouse’s contributions to the marriage, including childcare and homemaking;
• Each spouse’s financial circumstances;
• The length of the marriage; 
• Interruptions to education or career one spouse took due to the marriage; and 
• The value of keeping assets intact (such as a marital home or business interests) and not forcing a sale. 

Courts also consider any wrongdoing by a spouse that diminished the value of marital assets or any attempts by a spouse to conceal assets. In both cases, a judge may award the other spouse a greater share of overall marital property.

Alimony in Florida

Courts may order a spouse or former spouse to pay alimony, or spousal support, if one spouse needs financial assistance during or after divorce. In Florida, alimony is typically short- or medium-term, not permanent.

Types of alimony include:

• Bridge-the-gap. Short-term support to assist with immediate expenses, typically lasting no more than two years.
• Rehabilitative. Support that helps a spouse gain education, training, or credentials necessary to become financially independent.
• Durational. Alimony for a set period based on the length of the marriage.

To decide whether to award alimony, courts consider:

• How long the spouses were married,
• The standard of living during the marriage,
• Each spouse’s earning capacity and financial resources,
• Childcare responsibilities,
• Contributions to the marriage and home, and 
• The age and health of both spouses. 

A divorce attorney in Dade City can help you navigate the process if you are seeking or contesting alimony.

Protective Orders

Unfortunately, domestic violence plays a role in many divorces. Along with filing for divorce, you can seek an injunction for protection, often referred to as a restraining order, from the court.

To obtain a protective order, you must show you have a relationship with the person from whom you need protection. Being married or formerly married counts. You must also convince a judge that your former partner presents a threat to your health or safety.

Generally, you can get a temporary protective order without a full court hearing. That temporary order lasts approximately two weeks. If you want to make the order permanent, you must attend a court hearing, where the other person can argue that the order is unnecessary. 

Speak with a Dade City Divorce Attorney Today

Divorce is never easy, but you do not have to face it alone. If you are in the Dade City or Pasco County area, the divorce attorneys at Newlon Law, P.A., are here to help.

Whether you are navigating child custody, dividing property, seeking alimony, or facing domestic violence, we can help guide you every step of the way. We take pride in delivering personal attention, clear communication, and effective legal solutions tailored to your unique needs. 

Contact us today to schedule a confidential consultation.

Resources:

• Dissolution of marriage, Fla. Stat. § 61.052 (2024), link.
• Equitable distribution of marital assets and liabilities, Fla. Stat. § 61.075 (2024), link.
• Alimony, Fla. Stat. § 61.08 (2024), link.
• Attachment or garnishment of amounts due for alimony or child support, Fla. Stat. § 61.12 (2024), link.
• Support of children; parenting and time-sharing; powers of court, Fla. Stat. § 61.13 (2024), link.
• Enforcement and modification of support, maintenance, or alimony agreements or orders, Fla. Stat. § 61.14 (2024), link.
• Alimony and child support; additional method for enforcing orders and judgments; costs, expenses, Fla. Stat. § 61.17 (2024), link.
• Child support guidelines; principles; applicability, Fla. Stat. § 61.29 (2024), link.
• Child support guidelines; retroactive child support, Fla. Stat. § 61.30 (2024), link.
• Domestic violence; definitions, Fla. Stat. § 741.28 (2024), link.
• Violation of an injunction for protection against domestic violence, Fla. Stat. § 741.31 (2024), link.
• Florida Courts, Overview of Available Protective Injunctions, link.