Florida Divorce & Family Law Attorneys

We are a boutique law firm focused on divorce and family law in Miami and South Florida. When you call us at 786-522-1411 during business hours, you are connected directly to the lead attorney, Albert Goodwin. Never to an associate or to an assistant. When you hire our firm, Albert Goodwin handles your case directly, with associates in supporting roles.

Florida is a no-fault divorce state. Under Florida Statutes § 61.052, the court will dissolve a marriage on the simple ground that the marriage is irretrievably broken. You do not have to prove adultery, cruelty, or any other wrongdoing to end the marriage. To file, at least one spouse must have lived in Florida for six months before the petition is filed.

What you do need to resolve are the practical issues that follow: how your property and debts will be divided, whether either spouse will pay alimony, where the children will live and on what schedule, and how much child support is owed. Each of these issues has its own statute, its own legal standard, and its own strategy. We help you reach the right outcome on each one.

Our Florida Family Law Practice Areas

Dissolution of Marriage

Most Florida divorces fall into one of three procedural tracks. A simplified dissolution is the fastest path, but it is only available to couples with no minor or dependent children, no pregnancy, no request for alimony, and a written agreement on how to divide everything. An uncontested divorce applies when the spouses agree on all issues but cannot use simplified dissolution -- typically because they have children or one spouse seeks support. A contested divorce is the standard adversarial proceeding when the parties cannot agree, and it may involve mediation, discovery, temporary relief hearings, and trial.

We also handle specialized matters such as military divorce under the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses' Protection Act, and high-asset divorce involving business valuations, executive compensation, pensions, and complex real estate.

Equitable Distribution

Florida is an equitable distribution state, not a community property state. Under Florida Statutes § 61.075, the court starts with the presumption that marital assets and liabilities should be divided equally, but it can depart from a 50/50 split based on factors such as each spouse's contribution to the marriage, the economic circumstances of each party, interruption of careers, and intentional waste or dissipation of assets.

The first step is always to classify property as marital or nonmarital. Nonmarital property -- assets owned before marriage, gifts, inheritances, and assets excluded by a valid prenuptial agreement -- generally stays with the original owner. Marital property -- including the increase in value of nonmarital property due to marital effort -- is what the court divides.

Alimony

Florida's alimony system was substantially rewritten in 2023. Permanent alimony has been abolished. Under Florida Statutes § 61.08, courts may now award only four forms of alimony: temporary (during the case), bridge-the-gap (up to two years), rehabilitative (up to five years with a specific plan), and durational (capped by the length of the marriage).

Durational alimony cannot be awarded in a marriage that lasted less than three years. For longer marriages, the statute defines short-term (under 10 years), moderate-term (10 to 20 years), and long-term (20+ years) marriages, and caps the duration of any award at 50%, 60%, and 75% of the length of the marriage, respectively. The amount is capped at the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes.

Time-Sharing and Parenting Plans

Florida law does not use the term "custody." Under Florida Statutes § 61.13, courts allocate time-sharing and parental responsibility, and every case involving minor children requires a written parenting plan. As of July 1, 2023, Florida law presumes that equal time-sharing is in the best interests of the child. That presumption can be rebutted by a preponderance of the evidence based on the statutory best-interest factors.

The parenting plan must address the time-sharing schedule (weekdays, weekends, holidays, school breaks, and summer), decision-making authority on education, healthcare and religion, how the parents will communicate, and which parent handles school-related and medical activities. A parent who wants to relocate with the child more than 50 miles away for more than 60 days must either obtain written consent from the other parent or petition the court under Florida Statutes § 61.13001.

Child Support

Florida calculates child support using the Income Shares Model set out in Florida Statutes § 61.30. The guideline amount is based on the combined net monthly income of both parents and the number of children. The amount is then adjusted for health insurance premiums, work-related childcare, and the time-sharing schedule. When a parent exercises at least 20% of the overnights, the court applies the gross-up method, which can substantially change the support number.

Prenuptial and Postnuptial Agreements

A prenuptial agreement signed before marriage, or a postnuptial agreement signed after, can predetermine how assets, debts, and alimony will be handled if the marriage ends. Florida adopted the Uniform Premarital Agreement Act in Florida Statutes Chapter 61, Part II. To be enforceable, the agreement must be in writing, signed voluntarily, supported by full and fair financial disclosure, and not unconscionable. Child support and time-sharing cannot be permanently waived by contract.

Mediation and Collaborative Divorce

Most Florida circuits, including those in Miami-Dade, Broward, and Palm Beach, require mediation before contested family law matters can be tried. Mediation is confidential and gives the parties control over the outcome that a judge cannot. Collaborative divorce is a related but distinct process governed by Florida Statutes § 61.55 - 61.58, in which both spouses and their attorneys sign a participation agreement to resolve the case out of court and use jointly retained neutral experts.

Domestic Violence Injunctions

If you or your children are in danger, a domestic violence injunction under Florida Statutes § 741.30 can provide immediate protection, including exclusive use of the residence, temporary time-sharing, and a no-contact order. An injunction often runs parallel to the divorce case and has its own evidentiary standard.

Why Choose Our Firm

Direct Access to the Lead Attorney

From the first phone call through the final order, Albert Goodwin handles your case. You will not be passed from one associate to another, and you will not have to re-explain your case every time you call.

Florida Family Law Experience

We track every amendment to Chapter 61 of the Florida Statutes, including the major 2023 alimony reform (SB 1416) and the equal time-sharing presumption (HB 1301). We also follow opinions from Florida's District Courts of Appeal that shape how trial judges apply those statutes in Miami-Dade, Broward, and Palm Beach.

Knowledge of South Florida Family Courts

We practice regularly in the Eleventh Judicial Circuit (Miami-Dade), the Seventeenth Judicial Circuit (Broward), and the Fifteenth Judicial Circuit (Palm Beach). We know the local procedures, the general magistrates, and the family court judges who will decide your case.

Strategy Over Conflict

Divorce is expensive when it becomes adversarial for its own sake. We work to settle what can be settled and litigate only what must be litigated. When trial is unavoidable, we are ready for it -- but we measure success by your outcome, not by how many motions we filed.

We invite you to schedule a consultation. We are located in Coral Gables and serve Miami-Dade, Broward, and Palm Beach Counties. Call 786-522-1411 or email [email protected] to discuss your divorce or family law matter in full confidentiality.