How does divorce work in Florida? +
Florida is a no-fault divorce state — you only need to state the marriage is "irretrievably broken." An uncontested divorce can take 4–8 weeks. Contested divorces typically run 6–18 months depending on the issues involved.
How is child custody determined in Florida? +
Florida uses "time-sharing" rather than custody. Since 2023, courts begin with a presumption of equal time-sharing (50/50) unless there is a documented reason it does not serve the child's best interests. Judges consider 20 statutory factors under Florida Statute § 61.13.
Can an existing parenting plan be modified? +
Yes. Florida allows modifications when there is a substantial, material and unanticipated change in circumstances — such as a significant income change, relocation, or change in the child's needs.
What should I bring to my consultation? +
Bring what you have — don't let the lack of documents stop you from calling. Helpful items include existing court orders, financial records if relevant, and a list of your questions. Jennifer's team will guide you on what else is needed.
How much does a family law attorney cost? +
Fees depend on the nature and complexity of your matter. Erlinger Family Law will explain its fee structure clearly during the consultation — no surprises. Courts can also order the higher-earning spouse to contribute toward the other's attorney fees under Florida § 61.16.
Can my spouse refuse to give me a divorce? +
No. Florida is a no-fault state — your spouse cannot prevent a divorce. They can only dispute the terms. If a spouse refuses to participate, the case can proceed by default under Florida law.
Do I need an attorney for my family law matter? +
While not legally required, it is strongly advisable — especially when children, significant assets or high-conflict situations are involved. Agreements that seem fair today can have serious long-term consequences.
How does Florida calculate child support? +
Florida uses an income shares model under § 61.30 — based on both parents' net monthly incomes, the number of overnights, health insurance costs and childcare expenses. Jennifer walks every client through the actual calculation during the consultation.
