Family Law Questions, Answered Directly

Florida is a no-fault divorce state. The only ground required is that the marriage is irretrievably broken. Neither spouse is required to prove wrongdoing, infidelity, or fault in order to obtain a dissolution of marriage.

An uncontested divorce, where both parties agree on all issues, can be finalized in as little as 30 to 90 days after filing. A contested divorce involving disputed assets, alimony, or custody can take 12 months or longer depending on the complexity of the issues, the court's calendar, and the willingness of both parties to negotiate.

No. Either spouse may file for dissolution of marriage without the other's consent. If the other spouse does not respond or refuses to participate, the case may still proceed and result in a default judgment against the non-participating spouse.

At least one spouse must have been a Florida resident for a minimum of six months immediately before filing for dissolution of marriage.

No. An attorney may only represent one party in a divorce proceeding. A single attorney cannot represent both spouses, as they have inherently adverse interests. Each spouse should be represented by their own counsel to ensure their rights are fully protected.

Florida offers a simplified dissolution of marriage process for couples with no minor children, no significant assets or debts, and who have reached full agreement on all issues. Both parties must appear in court and waive certain rights. This process is faster and less expensive than a standard dissolution, but it is only available in limited circumstances, and both parties waive certain rights as part of the process. Consulting with an attorney before proceeding is advisable to ensure you understand what you are agreeing to.

Florida does not use the term custody. Instead, Florida law addresses parental responsibility, which covers decision-making authority, and timesharing, which refers to the schedule of time each parent spends with the child. Both are established through a court-approved parenting plan. Determinations are governed by Florida Statute Section 61.13 and are based on the best interests of the child, evaluated through a comprehensive set of statutory factors specific to the circumstances of each family.

Yes. A parenting plan is required in every Florida case involving minor children, whether the parents are divorcing or establishing parental rights in a paternity action. The parenting plan is a court-approved document that sets out each parent's responsibilities, the timesharing schedule, decision-making authority, and provisions for communication, transportation, and holidays. No parenting arrangement is legally enforceable in Florida without a court-approved parenting plan.

A child does not have the legal authority to decide which parent to live with in Florida. However, a child's preference may be considered by the court as one of the factors evaluated under Florida Statute Section 61.13, depending on the child's age and maturity. The weight given to a child's preference is determined by the court on a case-by-case basis and is never the sole determining factor.

If the parents cannot reach agreement on a parenting plan, the court will establish one after evaluating the statutory factors set forth in Florida Statute Section 61.13. Before the matter proceeds to a hearing, the court will typically require the parties to attend mediation in an attempt to reach a negotiated resolution. If mediation is unsuccessful, the court will hold an evidentiary hearing and enter a parenting plan based on its findings. Having experienced representation before and during that process is essential to ensuring your position is effectively presented.

Yes. A parenting plan may be modified after it is entered upon a showing of a substantial change in circumstances since the entry of the original plan. The standard for modification is set forth in Florida Statute Section 61.13. Whether a modification is warranted depends on the specific facts of your situation. Rosanna can evaluate your circumstances and advise you on whether a modification proceeding is appropriate.

Florida follows the principle of equitable distribution, governed by Florida Statute Section 61.075. The court begins with a presumption that marital assets and liabilities should be divided equally between the spouses, but may adjust that distribution based on the specific facts and circumstances of the case. Equitable distribution applies to marital assets and liabilities only. The identification and classification of assets as marital or non-marital is often one of the most contested aspects of a dissolution proceeding.

Marital assets are generally those acquired by either spouse during the marriage, regardless of how they are titled. Non-marital assets are generally those owned by one spouse before the marriage, or received during the marriage as a gift or inheritance, provided they have been kept separate from marital funds. The distinction between marital and non-marital property is governed by Florida Statute Section 61.075 and is frequently litigated. How an asset has been treated during the marriage, including whether it has been commingled with marital funds, can affect its classification.

No. Alimony is not automatic in a Florida divorce. Whether alimony is awarded depends on one spouse demonstrating a need for support and the other spouse having the ability to pay. The court considers a range of factors set forth in Florida Statute Section 61.08, including the length of the marriage, the standard of living established during the marriage, and the financial resources and earning capacity of each spouse. Alimony is not awarded in every case and the outcome depends significantly on the specific facts presented.

Retirement accounts accumulated during the marriage are generally marital assets subject to equitable distribution under Florida Statute Section 61.075, regardless of whose name the account is in. The portion of a retirement account that was accumulated before the marriage may retain its non-marital character depending on the circumstances. Dividing retirement accounts, particularly defined benefit pension plans and tax-deferred accounts, requires specific legal procedures including in some cases a Qualified Domestic Relations Order. The process and tax implications vary depending on the type of account involved.

Consultations are by appointment at our office at 4400 Northcorp Pkwy., Suite 110, Palm Beach Gardens, FL 33410, Monday through Friday or by video teleconferencing. During the consultation you will meet directly with Rosanna. She will listen to the facts of your situation, identify the legal issues involved, and give you an honest assessment of your options and what to expect. The consultation is confidential. There is no obligation to retain the firm following a consultation.

Yes. Rosanna Ferrari, P.A. is a solo practice. Every consultation, hearing, negotiation, mediation, and trial is handled personally by Rosanna. Clients are never handed off to associates, junior attorneys, or paralegals for substantive work. When you retain Rosanna Ferrari, P.A., you work with Rosanna at every stage of your case.

Rosanna Ferrari, P.A. serves clients throughout Palm Beach County, the Treasure Coast, and Central Florida, including Palm Beach Gardens, Jupiter, North Palm Beach, Wellington, West Palm Beach, Boca Raton, Delray Beach, Stuart, Port St. Lucie, Vero Beach, Okeechobee, Sebring, Wauchula, Lakeland, and Hendry County. The firm appears regularly in the 10th, 15th, 19th, and 20th Judicial Circuits.

Yes. Rosanna was born in Montevideo, Uruguay, and is fully fluent in Spanish. Consultations and representation are available in both English and Spanish. Her bilingual ability and multicultural background allow her to connect meaningfully with Spanish-speaking clients throughout South Florida and Central Florida.