Divorce
Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida Divorce Lawyer
Divorce is never easy. Whether you’re the one making the decision or the one left to respond, it’s a deeply personal and often painful experience. You may be feeling overwhelmed, unsure of what comes next, and worried about how this will affect your children, your finances, and your future. That’s completely understandable. During times like these, having someone steady in your corner matters. At the Law Offices of Matthew Z. Martell, P.A., we understand the legal system and also the emotional weight of what you’re facing during a divorce. Our trusted and experienced Sarasota, Bradenton, Lakewood Ranch, Longboat Key, and Venice, Florida divorce lawyer offers clear guidance, honest advice, and strong legal representation—without judgment, and without backing down when things get difficult. Below, we walk you through what to expect during a Sarasota, Siesta Key, Bradenton, Lakewood Ranch, Longboat Key, and Venice, Florida divorce; what your legal options look like; and how working with the right Manatee County and Sarasota County Florida divorce lawyer can help you move forward with confidence.
How Divorce Works in Florida: What You Need to Know
No-Fault Divorce — Florida is a no-fault divorce state under Florida Statutes § 61.052, which means you don’t need to give a specific reason for the divorce like cheating or abandonment. All that’s required is that the marriage is “irretrievably broken.” Either you or your spouse can file, and the court won’t ask who caused the split. That may simplify some things, but it doesn’t take away the emotional and financial impact—or the need to make smart decisions about what happens next.
Residency Requirements — To file for divorce in Florida, at least one spouse must have lived in the state for at least six months before the petition is filed. This is covered in Florida Statutes § 61.021. It doesn’t matter where you got married. As long as you or your spouse have met that six-month requirement and can prove it—usually with a Florida driver’s license that was issued at least 6 months before the divorce was filed— you can file in your Florida local county court where you last lived together as Husband and Wife, where the Respondent currently lives, or where the marital residence is located. If you just moved here or your spouse lives out of state, then you’ll want to speak with a divorce lawyer about how to handle that situation.
Contested and Uncontested Divorce — If you and your spouse agree in writing on everything—property and debt division, child custody, child visitation, child support, the parenting plan, real estate, alimony, attorney’s fees and costs — then you can file an uncontested divorce, which usually moves faster and costs less. But if there’s disagreement on any of the above-referenced major divorce issues, then it’s considered s contested divorce. That’s when things get more complicated. You will need mediation, and a judge might have to make the final decisions for you. Even in an uncontested divorce case, it’s a good idea to have a divorce lawyer review the divorce paperwork to make sure it’s filled out correctly and your legal rights are fully protected.
The Divorce Process — Once you file your divorce petition, and then serve your spouse by process server, your spouse has 20 days to respond in writing to it. There’s then an extensive financial disclosure process where both sides exchange information and documents about income, assets, and debts under Florida Family Law Rule 12.285. After that, you will be required go to mediation. If the divorce does not settle at mediation then your will eventually go to trial, unless the case settles out-of-court or at a second mediation before then which depends on how cooperative both sides are. The process can take anywhere from six months to over three years, depending on the issues involved and the court’s schedule.
What Are Your Rights in a Florida Divorce?
Property and Debts — Under Florida Statutes § 61.075, the court divides marital property based on what’s fair—and that is not necessarily always 50/50. Marital property includes anything you and your spouse acquired during the marriage, like houses, cars, bank accounts, and debts. Things you owned before marriage or received by inheritance or gift are usually considered non-marital, but it depends on how they were handled during the marriage. If, for example, you added your spouse’s name to a deed or account, it may be treated as a marital asset. A trusted and experienced divorce lawyer like Attorney Matthew Z. Martell can help you figure out what’s truly yours and what’s shared.
Alimony — Florida’s alimony laws are found in Florida Statutes § 61.08. The court looks at whether one spouse has a financial need for support and whether the other one has the ability to pay. There are different types— temporary, bridge-the-gap, rehabilitative, durational, and lump sum—but whether you’ll get alimony depends primary on the length of your marriage, your current monthly net income and your spouse’s current monthly net income.
Parental Responsibility and Timesharing — Custody issues are covered under Florida Statutes § 61.13, and Florida law refers to custody as “parental responsibility” and visitation as “timesharing.” The court’s main goal is to do what’s best for the child. Most parents are expected to share parental responsibility, but if one parent has a history of domestic violence or substance abuse, the court may limit their custody rights. A parenting plan is required in every case with children, and it must spell out how you’ll handle decision-making, school schedules, holidays, and more. Even if you agree on most things, the court still has to approve the parenting plan.
Common Misunderstandings — People often assume they’ll automatically get the house, full custody, lifetime alimony, or 100% of their attorney’s fees and costs. That’s rarely how it works. Florida courts look at fairness, not emotion. They also expect both spouses to make extensive financial disclosures and follow court orders. If one side refuses to cooperate, the court can enforce rules or issue penalties. Knowing your rights means more than just reading about them—you need to apply the law to your specific situation, which is why legal advice is so important early on.
Thinking About Filing for Divorce? Start Here
Early Legal Advice Can Make a Big Difference — Before you take any formal steps, it’s smart to talk to a trusted and experienced divorce lawyer who knows Florida law. Even one conversation can help you avoid costly missteps and get a sense of what to expect. An divorce attorney can walk you through your rights under Florida Statutes Chapter 61, explain how long the process might take, and help you set goals for things like custody, financial support, and property. Filing for divorce starts a legal process that affects your finances and family, so it’s worth having a plan before you act.
Get Your Information Together — It helps to gather your financial records ahead of time. That means paystubs, tax returns, bank account statements, credit card statements, retirement account statements, and anything all showing your current debts and assets. You’ll need to complete a financial affidavit under Florida Family Law Rule 12.285, and having everything ready can make things move faster. If you have kids, keep school schedules, healthcare records, and anything related to their needs on hand. The more organized you are, the easier it is for your lawyer to get a clear picture and build your case.
Think Ahead About Money and Privacy — Divorce can affect your credit, access to funds, and financial stability. If you’re worried your spouse might drain joint accounts or run up debts, ask your attorney about temporary relief options available under Florida Statutes § 61.11. That statute allows the court to grant temporary support or financial protection during the divorce. Also, strongly consider updating your online passwords and securing sensitive personal records outside of the marital residence. Planning ahead can protect both your finances and your peace of mind while things are still unfolding.
Be Careful About Confrontation — If you haven’t told your spouse yet, you’ll want to think through how and when to do that. Emotions can run high once the word “divorce” is said, and what happens next can affect how cooperative (or not) the process becomes. Your lawyer can help you think about how to approach the conversation and what to do immediately afterward. If you feel unsafe or fear retaliation, your divorce attorney can also help you take legal steps to protect yourself under Florida law.
What to Expect After Your Spouse Files for Divorce
You’ll Get Official Divorce Papers — When your spouse files for divorce, you’ll be served with a Petition for Dissolution of Marriage. This is the official document that starts the legal case for a divorce. Under Florida Statutes § 61.043, this divorce petition outlines what your spouse is asking for—custody, alimony, property division, and more. Once you get it, you have 20 calendar days to file a written answer with the clerk of courts. Missing that deadline can result in a default judgment, where the court could grant the requests of your spouse without your input.
Your Response Matters — Your answer is your chance to agree, disagree, or state you don’t know to each allegation raised in the divorce petition. You may also file a counterpetition for dissolution of marriage if you want to ask the court for something different. Florida Family Law Rules require you to file a financial affidavit, and both parties must exchange required financial documents under Rule 12.285. This part of the process is called “mandatory disclosure,”, it’s not optional, and it is extensive. Getting help from a trusted and experienced divorce lawyer like Attorney Matthew Z. Martell, Esq. at this stage can make sure you respond the right way as well as protect your legal rights.
Temporary Issues Come Up Fast — Shortly after a divorce is filed, the court can decide temporary matters—like who stays in the house, who pays the bills, or who takes care of the kids while the case is pending. These early decisions can shape the whole case, so it’s important to be prepared. Under Florida Statutes § 61.11, you can ask for temporary relief, and the court may hold a hearing soon after the petition is filed. A divorce lawyer can help you ask for what you need—or push back on things that aren’t fair.
A Family Law Lawyer Helps You Stay in Control — When your spouse files first, it’s easy to feel like you’re on the defensive. But that doesn’t mean you’re powerless. The legal system is designed to give both sides a chance to be heard. A trusted and experienced Bradenton, Lakewood Ranch, Longboat Key, Anna Maria Island, Sarasota, Siesta Key, Manasota Key, and Venice, FL divorce lawyer like Attorney Matthew Z. Martell can help you understand your legal options, meet the deadlines, and push for a fair result. Even if the situation feels overwhelming at first, you have the right to respond—and to be represented every step of the way.
Child Custody and Timesharing in Sarasota, FL
Best Interest of the Child — Florida law, under Florida Statutes § 61.13, requires courts to prioritize your child’s best interest when deciding timesharing arrangements. Judges evaluate factors like each parent’s caregiving ability, the child’s school and community ties, and support for the child’s relationship with the other parent. Rather than using “custody” or “visitation,” Florida refers to a parenting plan with parental responsibility options a timesharing schedule.
Making a Parenting Plan — Parents must submit a written parenting plan outlining how decisions (like education or health care) will be made and how time will be shared. If both parties agree, and it meets legal standards in that circuit or according to the Florida Supreme Court, then the court will approve it. If not, the judge decides under Florida Statutes § 61.13.
Your Child’s Preference — A child’s preference may be considered if they are mature enough, but it’s very unusual for the court to allow minor child testimony on this subject, and it is just one of many factors considered. If a parent violates the parenting plan, courts can enforce it through remedies like make-up time or contempt orders—again under Florida Statutes § 61.13.
How Property and Debts Get Divided in a Florida Divorce
Florida Follows Equitable Distribution — Under Florida Statutes § 61.075, Florida courts aim for a fair— but not always necessarily 50/50 equal— split of marital assets and debts. Marital property generally includes anything acquired during the marriage, while non-marital property (like gifts, inheritances, or premarital assets) may stay separate if properly kept apart from marital assets.
What Counts As Marital Property — Even if something’s titled in one spouse’s name, it will probably be marital if acquired during the marriage. This includes homes, businesses, and retirement accounts. Florida law requires full disclosure of all assets and debts before division.
What Happens to the House — There’s no default rule. If children are involved, the home may go to the parent with majority timesharing. Otherwise, the court might order a sale, a buyout, or another fair solution—guided by Florida Statutes § 61.075.
How Debts Are Handled — Marital debts are divided fairly, not always equally. The court considers who incurred the debt, who benefited, and who can pay. Misuse of marital funds or hidden debts can influence that outcome.
Can You Get Alimony in Your Bradenton, Sarasota, and Venice, Florida Divorce?
Alimony Is Possible in a Bradenton, Sarasota, and Venice, Florida Divorce — Florida Statutes § 61.08 allows courts to award alimony if one spouse needs support and the other can pay. Judges then consider factors like the marriage length, current income of the parties, and the actual monthly financial needs of the spouse requesting alimony. There is a formula for determining durational alimony- but other forms of alimony depend somewhat on the facts of your case.
Florida Recognizes Different Types — These include temporary, bridge-the-gap, rehabilitative, durational, and lump sum alimony. Each serves a unique purpose, from covering short-term needs to long-term financial support after lengthy marriages.
It’s Not Permanent — Alimony types have clear end points. Rehabilitative alimony ends when its education and job career goals are met and cannot exceed 6 years. Durational alimony can’t exceed the 75% of the length of the marriage length. Bridge-the- gap alimony cannot exceed 2 years. Alimony can be modified or terminated under Florida Statutes § 61.08 if certain circumstances change.
Legal Help Makes a Difference — An experienced and trusted local divorce attorney can help present your finances clearly, whether you’re requesting or opposing alimony. Bradenton, Sarasota, and Venice divorce lawyers like Attorney Matt Martell know how judges and magistrates interpret Florida Statutes § 61.08 and can guide you through the process.
Do You Need a Bradenton, Sarasota, and Venice, Florida Divorce Lawyer?
Know What You’re Up Against — Even though Florida is a “no-fault” divorce state under Florida Statutes § 61.052, that doesn’t mean divorce is easy or straightforward. You don’t need to prove your spouse did something wrong to end the marriage—just that it’s “irretrievably broken.” But just because the law doesn’t require fault doesn’t mean the process is simple. There are still legal forms to fill out, rules about how and when to file them, and serious consequences if you get something wrong. You may also be facing disputes about property, finances, or custody—and those areas are where an experienced, trusted, and highly-rated divorce lawyer makes a major difference.
Legal Missteps Can Hurt Your Case — Trying to do this on your own can lead to mistakes that are hard to fix later. If you don’t fully understand Florida’s laws on property division (Florida Statutes § 61.075), alimony (Florida Statutes § 61.08), or child custody (Florida Statutes § 61.13), you might agree to something that isn’t fair to you—or worse, something that can’t be undone. You could also miss deadlines, file incomplete paperwork, or say something in court that weakens your case. A highly-rated Bradenton, Lakewood Ranch, Sarasota, and Venice, Florida divorce lawyer helps prevent these errors by handling the legal work, guiding you through the legal process, and making sure your rights are protected from day one.
Legal Advice Helps You Focus on What Matters — Divorce is personal and emotional. When tensions rise, it’s easy to get distracted or make decisions based on anger or fear. A trusted and experienced divorce attorney like Attorney Matthew Z. Martell gives you space to think clearly. His office handles communication with your spouse or his/her attorney, keep your case organized, and focus on getting the best possible outcome for you. That steady legal guidance can make a stressful process feel more manageable and less overwhelming.
A Divorce Lawyer Looks Out for Your Interests — No matter which side you’re on—whether you’re filing or your spouse is— you deserve to understand your rights and have someone in your corner. A good Bradenton, Lakewood Ranch, Longboat Key, Anna Maria Island, Sarasota, Siesta Key, Manasota Key, and Venice, Florida divorce lawyer will listen to your concerns, explain your legal options, and help you make decisions that support your future. This is your life, your finances, your family. Having someone who knows Florida divorce law inside and out can help you move forward with confidence.
What to Expect During Your Initial Office Consultation
During your first in person Initial Office Consultation, come prepared with key information— you and your spouse’s full names, marriage and separation dates, current incomes, assets, debts, and details about any minor children, including where they’ve been living. Helpful documents include tax returns, bank statements, credit card statements, brokerage account statements, retirement account statements, deeds, mortgage records, and any prenuptial agreements. The more complete your information, the more clearly your divorce attorney can assess your situation. Use the meeting to ask questions about property division, support, and parenting arrangements so you fully understand your options. By the end, your divorce lawyer should outline the divorce process, expected timeline, legal strategy, retainer fee agreement, fees, and the next steps specific to your case.
