Divorce FAQ

How long does a divorce take in Bradenton, Sarasota, or Venice, Florida?

The timeline for divorce depends on several factors, including whether the case is uncontested or contested. It might take 3–6 months for an uncontested divorce. If you and your spouse don’t agree on things, it can take much longer—sometimes up to three years—especially if you go to trial.

What’s the difference between contested and uncontested divorce?

If you and your spouse agree on everything in writing— like property, custody, and support—it’s uncontested. If you disagree on anything, then it’s contested. Contested divorces usually take more time, cost more, and involve mediation, hearings, or trial.

What does “no-fault divorce” mean in Florida?

Florida doesn’t require either spouse to prove wrongdoing. You just need to say the marriage is “irretrievably broken.” The court won’t assign blame, but your behavior might still matter when it comes to custody or indirectly when dividing assets.

Will I have to go to court?

Maybe. If it’s uncontested and everything is agreed to, then you probably will not. In contested cases, court appearances may be required for motion hearings, are required for mediation, and are required for trial, especially if there are serious disagreements.

What am I entitled to in the divorce?

Florida follows “equitable distribution,” which means a fair— but not necessary an equal 50/50 split each time- of marital property and debts. You may also qualify for alimony or child support depending on your situation. Every case is different, so details matter.

Can I move out of the house during the divorce?

Yes but talk to a divorce lawyer near you first. Moving out could affect your parenting rights or certain financial claims. If kids are involved, the court will look at who stayed in the home and provided stability for the kids when deciding parental responsibility or timesharing.

How much does a divorce lawyer cost in Sarasota, Bradenton, and Venice?

Costs vary. Most lawyers charge hourly, although a few may offer flat fees for uncontested cases. Expect to pay a large retainer upfront. Complex or contested cases usually cost more. Ask for a breakdown of anticipated fees at your consultation so you’re clear upfront.

What if my spouse has a lawyer and I don’t?

That puts you at a disadvantage. His or her lawyer knows the law and will advocate for your spouse’s interests. Without your own attorney, you may end up agreeing to things you don’t fully understand or that aren’t fair to you.

Do I really need a divorce attorney in Sarasota, Bradenton, or Venice, or can I do this myself?

You can file without a lawyer, but it’s risky. Florida divorce law can be confusing, especially with property, kids, or alimony involved. A highly rated divorce lawyer near you helps protect your rights, avoid costly mistakes, and handle legal paperwork and court deadlines the right way.

How does social media affect divorce?

Social media can hurt your case. Posts, photos, or messages may be used against you in court. It’s best to be very careful— think hard before you share anything online during your divorce. Also, before you get divorced, consider going through your social media accounts and deleting posts, pictures, videos, and likes that could be looked at unfavorably by a neutral judge or magistrate.

What is a divorce decree?

A divorce decree is the final judgment that officially ends the marriage. In Florida, a Final Judgment of Dissolution of Marriage is signed by a judge and outlines all the terms—like custody, timesharing, child support, division of all property and debt, real estate, alimony, and attorney’s fees and costs. Once issued, it’s legally binding, and both parties must follow it.

How are high net worth divorces different?

A high net worth divorce usually involves complex assets—like businesses, investments, and/or trusts. Valuing and dividing them takes more time, experts, and strategy. Privacy and tax planning are also key concerns.

What happens to estate plans after a divorce?

Divorce automatically revokes most roles your ex had—like personal representative, trustee, legal agent, or beneficiary— unless you update your estate plan. You’ll need to revise your will, trusts, power of attorney, health care surrogate, living will, and beneficiary designations on things like life insurance or retirement accounts ideally before the divorce is filed. Once the divorce is filed, you cannot change beneficiaries for life insurance or retirement accounts, but you still can update your estate plan to disinherit your spouse. Without such changes, assets will still go to your spouse if you die during the divorce. Also, it just creates legal confusion if you die after the divorce without having updated your estate plan.

How is custody decided in Florida?Florida uses “parental responsibility” and “timesharing” and decides based on what’s best for the child. The court looks at who provides care, the home environment, work schedules, and more. Judges want both parents involved unless there’s a serious safety or serious stability concern due to drugs and alcohol.

Bradenton, Lakewood Ranch, Longboat Key, Anna Maria Island, Sarasota, Siesta Key, Manasota Key and Venice, Florida Divorce Attorneys

Divorce is one of the most difficult transitions anyone can face. It can turn your entire world upside down—emotionally, financially, and personally. During times like this, you deserve a lawyer who is calm under pressure, deeply experienced in Florida divorce law, and committed to protecting what matters most to you. At the Law Offices of Matthew Z. Martell, P.A., we provide the strength and clarity our clients need when life feels uncertain. With years of experience handling complex divorces throughout Manatee County and Sarasota County, we’re here to help you make the right decisions and move forward confidently. If you’re considering divorce or already in the middle of one, contact the Law Offices of Matthew Z. Martell, P.A. by calling (941) 556-7020 or contacting us online to see if you qualify for a 15 minute free initial phone consultation.