Frequently Asked
Questions
Honest, plain-language answers to the questions we hear most often from clients across Miami-Dade and Broward Counties. If you don't see your question here, call Luna Law for a free, confidential consultation.
Divorce in Florida
How long does a divorce take in Florida?
Florida Statute § 61.19 requires only a 20-day waiting period between filing a petition and entry of a final judgment, making Florida one of the fastest states to divorce on paper. In reality, an uncontested divorce in Miami-Dade or Broward County usually takes 30–90 days once financial affidavits, parenting plans, and a Marital Settlement Agreement are filed. A contested case involving custody, alimony, or complex assets can take 6 to 18 months or more, depending on the judge's calendar and whether mediation is successful.
South Florida's family divisions are busy, especially the Eleventh Judicial Circuit in Miami-Dade, where trial dates are often scheduled months out. At Luna Law, we give every client a realistic timeline at the initial consultation based on your county, your judge, and the complexity of your issues. Contact Luna Law for a free consultation to discuss the likely timeline for your case.
Does Florida require separation before divorce?
No. Florida does not recognize legal separation, and there is no waiting period of living apart before filing for divorce. Under Florida Statute § 61.052, the only ground required is that the marriage is irretrievably broken — a no-fault standard that does not require proof of wrongdoing. You can file for divorce while still living in the same home, although at least one spouse must have resided in Florida for six months prior to filing.
For couples in Miami-Dade and Broward who need a separation-like arrangement, Florida law allows temporary relief orders that address support, time-sharing, and exclusive use of the marital home while the divorce is pending. Luna Law will walk you through the options that best protect your interests — contact us for a free, confidential consultation.
How much does a divorce cost in Florida?
Divorce costs in South Florida vary widely depending on whether the case is contested. A simple uncontested divorce in Miami-Dade or Broward typically runs $1,500 to $3,500 in legal fees plus a filing fee of around $408. A moderately contested divorce involving custody or support issues usually falls between $7,500 and $25,000, while highly contested cases with business valuations, forensic accounting, or prolonged custody litigation can cost $40,000 or more.
At Luna Law, we are transparent about fees from day one. We explain our hourly rates, flat-fee options for uncontested matters, and retainer expectations before you sign anything — no surprises. Contact us for a free consultation so we can give you a realistic cost estimate based on your actual situation.
What is the difference between contested and uncontested divorce in Florida?
An uncontested divorce means both spouses have agreed in writing on every issue — division of marital assets and debts, alimony, child support, time-sharing, and parental responsibility. Florida offers a simplified dissolution procedure for couples with no minor children, no alimony claims, and who have already divided their property. A contested divorce is one where the spouses cannot agree on one or more of these issues and need a judge to decide.
Most Miami-Dade and Broward cases start contested and become uncontested through negotiation, mediation, or collaborative divorce. Luna Law has handled cases across the entire spectrum, and we work to move clients toward settlement whenever it is in their interest. Reach out for a free consultation to determine the right path for your case.
Can I get a divorce in Florida if my spouse does not agree?
Yes. Because Florida is a no-fault state, one spouse's desire to end the marriage is enough — the other spouse cannot block the divorce. Under Florida Statute § 61.052, all the court needs to grant a dissolution is a finding that the marriage is irretrievably broken. Your spouse may contest the terms (property, support, custody) but not the divorce itself.
If your spouse refuses to respond after being properly served, the court can enter a default judgment and the case can proceed without their participation. Luna Law regularly handles contested and default divorces throughout Miami-Dade and Broward Counties. Contact us for a free consultation if your spouse is uncooperative or avoiding service.
Have more questions about divorce in Florida? Contact Luna Law for a free confidential consultation.
Child Custody &
Time-Sharing
How does Florida determine child custody?
Florida abolished the term "custody" in 2008 and replaced it with "parental responsibility" and "time-sharing" under Florida Statute § 61.13. Courts now presume that equal or substantial time-sharing between both parents is in the child's best interest, unless there is evidence of domestic violence, substance abuse, or other factors that would endanger the child. Judges in Miami-Dade and Broward evaluate more than 20 statutory best-interest factors when crafting a parenting plan.
These factors include each parent's moral fitness, the child's home and school stability, each parent's willingness to encourage a relationship with the other, and any history of abuse. Luna Law builds custody cases around documented evidence of your involvement and your ability to co-parent effectively. Contact us for a free consultation to discuss your custody concerns.
What is the difference between parental responsibility and time-sharing in Florida?
Parental responsibility refers to decision-making authority — who has the right to make major decisions about the child's health, education, and religious upbringing. Time-sharing refers to the physical schedule of when each parent has the child. Florida courts default to shared parental responsibility, meaning both parents must confer on major decisions, unless doing so would be detrimental to the child.
Time-sharing can range from equal 50/50 schedules to majority time with one parent, depending on the family's circumstances and the child's needs. Luna Law drafts detailed parenting plans that spell out decision-making, holidays, school breaks, and dispute-resolution procedures so you don't end up back in court. Call today for a free consultation about your parenting plan.
Can a child choose which parent to live with in Florida?
Florida has no magic age at which a child can choose — not 12, not 14, not 16. Courts may consider the "reasonable preference" of a child under Florida Statute § 61.13(3)(i) only if the judge finds the child has sufficient intelligence, understanding, and experience to express a preference. Even then, the child's wishes are just one factor among many.
Judges in Miami-Dade and Broward typically avoid putting children on the stand. They may instead appoint a guardian ad litem or conduct an in-camera interview to learn the child's perspective. Luna Law handles these situations with care to protect both the child and the case. Contact us for a free consultation if your time-sharing case involves an older child.
How do I modify a custody order in Florida?
To modify an existing time-sharing or parenting plan in Florida, you must prove two things: a substantial, material, and unanticipated change in circumstances since the last order, and that a modification is in the child's best interest. This is a high bar, set by Florida Statute § 61.13 and decades of case law. Common qualifying changes include relocation, a parent's substance abuse, a significant shift in the child's needs, or a parent's inability to follow the existing plan.
Filing a modification petition in the wrong circumstances can backfire — judges dislike repeat litigation. Luna Law will honestly assess whether your situation meets the legal standard before we file. Contact us for a free consultation to discuss whether modification is the right move.
What happens if my spouse violates our parenting plan in Florida?
Florida takes parenting-plan violations seriously. Under Florida Statute § 61.13(4), a parent who unreasonably denies or interferes with the other parent's time-sharing can be ordered to pay makeup time, attorney's fees, court costs, and civil fines. In repeat or egregious cases, the court may modify the time-sharing schedule to reduce the offending parent's time. Contempt of court is also an available remedy.
In Miami-Dade and Broward, enforcement motions typically get heard quickly. Document every violation with dates, messages, and witnesses. Luna Law regularly files motions for contempt and enforcement — call us for a free consultation so we can protect your rights and your child's time with you.
Have more questions about child custody and time-sharing? Contact Luna Law for a free confidential consultation.
Child Support &
Alimony
How is child support calculated in Florida?
Florida uses an income-shares model under Florida Statute § 61.30. The court adds both parents' net monthly incomes, applies a statutory guideline chart based on the number of children, and then prorates the obligation according to each parent's share of combined income. Adjustments are made for health insurance, daycare, and the number of overnights each parent has — when a parent has 20% or more overnights, a substantial time-sharing adjustment applies.
The guideline amount is presumptively correct but judges may deviate up to 5% without explanation, or more with written findings. Luna Law runs precise child support calculations for every Miami-Dade and Broward client so you know exactly what to expect. Contact us for a free consultation.
Did Florida eliminate permanent alimony?
Yes. In 2023, Florida passed SB 1416, which eliminated permanent alimony for all cases filed on or after July 1, 2023. Florida courts can now only award four types: temporary alimony (during the divorce), bridge-the-gap (up to 2 years), rehabilitative (for education or retraining, up to 5 years), and durational (for a fixed term). Durational alimony is also capped based on the length of the marriage.
These reforms significantly affect both payers and recipients in Miami-Dade and Broward divorces. Luna Law stays current on Florida alimony law and will tell you exactly how the 2023 changes apply to your situation. Contact us for a free consultation.
Can alimony be modified after divorce in Florida?
Most forms of alimony in Florida are modifiable on a showing of a substantial, material, involuntary, and permanent change in circumstances under Florida Statute § 61.14. Common qualifying events include a significant and involuntary loss of income, retirement at a reasonable age, or — importantly — the receiving spouse entering a "supportive relationship" with someone new. Bridge-the-gap alimony is a notable exception: it is generally not modifiable.
Luna Law handles both sides of alimony modifications throughout Miami-Dade and Broward. Whether you need to pursue a reduction or defend against one, we will evaluate whether the legal standard is met. Contact us for a free consultation.
What happens if my spouse refuses to pay child support in Florida?
Florida has strong enforcement tools. The Florida Department of Revenue can garnish wages, intercept tax refunds, suspend driver and professional licenses, report arrears to credit bureaus, and place liens on property. You can also seek a contempt order through the circuit court — in serious cases, the court can jail a parent who willfully refuses to pay.
In Miami-Dade and Broward, contempt motions for nonpayment are routinely heard, and judges take nonpayment seriously. Luna Law files enforcement actions every week and knows how to get results quickly. If your former spouse is behind, contact us for a free consultation.
How long do I have to pay alimony in Florida?
Since the 2023 reforms, durational alimony cannot exceed 50% of the length of the marriage for a short-term marriage (under 10 years), 60% for a moderate-term marriage (10 to 20 years), or 75% for a long-term marriage (20 years or more). Rehabilitative alimony is capped at 5 years, and bridge-the-gap is capped at 2 years. Permanent alimony is no longer available in any new Florida case.
Alimony also typically terminates on the death of either party, remarriage of the recipient, or the recipient entering a supportive relationship. Luna Law will walk you through exactly how the new durational caps apply to your marriage. Contact us for a free consultation.
Have more questions about child support and alimony? Contact Luna Law for a free confidential consultation.
Property &
Asset Division
How is property divided in a Florida divorce?
Florida is an equitable distribution state, not a community property state. Under Florida Statute § 61.075, courts start with a presumption of equal division of marital assets and debts — but they can deviate from 50/50 based on factors like each spouse's economic circumstances, contribution to the marriage, length of the marriage, and whether either party intentionally dissipated marital assets. Only marital property is divided; nonmarital property (inheritances, pre-marriage assets, gifts from third parties) stays with the original owner.
Commingled assets — where nonmarital and marital funds are mixed — often become a major issue in Miami-Dade and Broward cases. Luna Law works with forensic accountants when needed to trace and value marital property correctly. Contact us for a free consultation.
Is my spouse entitled to half of everything in a Florida divorce?
Not necessarily. Florida's equitable distribution law creates a presumption of 50/50 division of marital assets and debts, but the word is "equitable," not "equal." A judge can award an unequal split based on factors listed in Florida Statute § 61.075(1), such as intentional dissipation of assets within two years of filing, unequal contributions to the marriage, or the economic circumstances of each party. Nonmarital property is not divided at all.
In Miami-Dade and Broward courts, we routinely see strong arguments for unequal distribution when one spouse hid or wasted assets. Luna Law builds the evidence needed to support a deviation from equal when the facts justify it. Contact us for a free consultation.
What happens to the marital home in a Florida divorce?
The marital home is treated as a marital asset if it was acquired during the marriage or if marital funds were used to pay down the mortgage or improve the property. Courts in Miami-Dade and Broward typically choose one of three paths: sell the home and split the equity, award the home to one spouse who buys out the other's share, or (when minor children are involved) grant exclusive use and possession to the custodial parent for a defined period before eventual sale.
Refinancing, existing mortgage liability, and each spouse's ability to maintain the property all factor in. Luna Law structures home divisions to protect your equity and your credit. Contact us for a free consultation.
How are retirement accounts and pensions divided in a Florida divorce?
The portion of a 401(k), IRA, or pension earned during the marriage is a marital asset subject to equitable distribution, even if only one spouse's name is on the account. For defined-benefit pensions, Florida courts use a coverture fraction to isolate the marital portion. Dividing retirement accounts requires a Qualified Domestic Relations Order (QDRO) for ERISA plans, which must be drafted carefully to avoid early-withdrawal taxes and penalties.
Luna Law works with experienced QDRO preparers to ensure retirement assets are divided correctly and without unnecessary tax consequences for Miami-Dade and Broward clients. Contact us for a free consultation.
What is a prenuptial agreement and is it enforceable in Florida?
A prenuptial agreement is a contract signed before marriage that defines how assets, debts, and spousal support will be handled if the marriage ends. Under Florida's Uniform Premarital Agreement Act (Fla. Stat. § 61.079), prenups are enforceable if they are voluntary, fair, and based on full financial disclosure. Agreements signed under duress, without the opportunity for legal counsel, or with hidden assets can be set aside.
Postnuptial agreements, signed after marriage, are also enforceable in Florida but face even closer scrutiny. Luna Law drafts and challenges prenups and postnups for clients across South Florida. Contact us for a free consultation.
Have more questions about property and asset division? Contact Luna Law for a free confidential consultation.
Criminal Defense
in Florida
What should I do if I am arrested in Florida?
Exercise your right to remain silent and ask for an attorney immediately. Under Miranda and Florida case law, anything you say can be used against you — even casual small talk with officers. Do not consent to searches, do not try to explain your side of the story at the scene, and do not post about the incident on social media. Your first appearance before a judge must happen within 24 hours in Miami-Dade or Broward, and that is when bond is set.
Having an attorney at your first appearance can make a dramatic difference in bond amount and pretrial release conditions. Luna Law responds to arrests around the clock. Contact us for a free consultation as soon as possible.
How does a DUI charge affect a divorce or custody case in Florida?
A DUI charge can significantly complicate a pending or future custody case. Florida judges treat driving under the influence with children in the car very harshly, and a conviction can become evidence of impaired judgment in a best-interest analysis under Florida Statute § 61.13. Even without a conviction, opposing counsel may use an arrest to argue for supervised time-sharing or substance-abuse evaluations.
Because Luna Law handles both family and criminal cases, we coordinate strategy across both matters — something single-focus firms often can't do. Contact us for a free consultation if you are facing a DUI alongside a family law issue.
What is the difference between a misdemeanor and a felony in Florida?
Florida misdemeanors are punishable by up to 12 months in county jail and fines up to $1,000 (first-degree) or $500 (second-degree). Felonies, by contrast, carry potential state prison sentences from 5 years (third-degree) up to life (first-degree and capital felonies). Felony convictions also carry collateral consequences including loss of voting rights, firearm rights, and eligibility for many professional licenses.
The distinction matters in immigration, employment, and family law. Luna Law defends clients against both misdemeanors and felonies in Miami-Dade and Broward Counties. Contact us for a free consultation.
Can a domestic violence charge be dropped in Florida?
A victim cannot unilaterally drop a domestic violence charge in Florida — only the State Attorney can. Once the State files charges, it controls the prosecution even if the alleged victim asks to withdraw. However, a prosecutor may decline to proceed if the evidence is weak, the alleged victim recants credibly, or mitigating circumstances exist.
Luna Law negotiates with the Miami-Dade and Broward State Attorney's Offices regularly and knows how to present mitigating evidence effectively. A domestic violence conviction also affects gun rights, immigration, and custody cases — all areas we handle. Contact us for a free consultation.
What is a probation violation in Florida and what are the consequences?
A probation violation occurs when a probationer fails to comply with the conditions of their supervision — missing a reporting appointment, failing a drug test, committing a new offense, or not paying fines and restitution. Unlike a new criminal charge, there is no right to bond on a violation (the judge has discretion), and the standard of proof is only preponderance of the evidence, not beyond a reasonable doubt.
A judge can revoke probation and impose the full sentence originally suspended — a serious consequence. Luna Law defends violation cases throughout South Florida. Contact us immediately for a free consultation if you have been accused of violating probation.
Have more questions about criminal defense in Florida? Contact Luna Law for a free confidential consultation.
Working with
Luna Law
How much does it cost to hire a family law attorney in South Florida?
Family law fees in Miami-Dade and Broward vary based on the attorney's experience, the complexity of your case, and whether the matter is contested. Most firms charge hourly rates of $300 to $600 per hour with retainers between $3,500 and $15,000. Uncontested divorces are often handled on a flat-fee basis. Contested cases usually bill against a replenishing retainer.
At Luna Law, we provide clear fee information during your free consultation so you can make an informed decision. We also offer flat-fee options for straightforward matters whenever appropriate. Contact us to discuss what your case would likely cost.
What is the first step in starting a divorce with Luna Law?
Your first step is a free, confidential consultation. During that meeting we review your marriage, your financial picture, any children involved, and the outcomes that matter most to you. We then explain your legal options — uncontested, contested, collaborative, or mediated — and give you a realistic timeline and cost estimate. We never pressure you to sign on the spot.
Once you decide to move forward, we send a retainer agreement, collect initial financial documents, and begin preparing the petition for filing in Miami-Dade or Broward. Contact us to schedule your free consultation today.
Do I need a lawyer if my divorce is uncontested?
Technically no — Florida allows pro se divorces — but even a truly uncontested case has traps. A poorly drafted Marital Settlement Agreement can leave issues unresolved, create unintended tax consequences, or be unenforceable. Parenting plans in particular must meet detailed statutory requirements or a judge will reject them. Mistakes often surface years later when one party tries to enforce or modify the agreement.
Luna Law offers flat-fee uncontested divorce services in Miami-Dade and Broward so you get the benefit of a lawyer's review without the expense of a contested case. Contact us for a free consultation.
How quickly can I reach someone at Luna Law?
Luna Law commits to a 24-hour response time on every client call and email, seven days a week. Legal emergencies — arrests, domestic violence situations, and time-sharing crises — are handled faster, often within the hour. When you are an active client, you work directly with your attorney, not a case manager.
South Florida families choose us because they know when they call, someone who actually understands their case will answer. Contact Luna Law now for a free consultation and experience our response standard firsthand.
Does Luna Law offer services in Spanish?
Yes. Luna Law is a fully bilingual firm — we represent clients in English and Spanish throughout Miami-Dade and Broward Counties. Our attorneys and support staff communicate directly with Spanish-speaking clients without interpreters, which protects attorney-client privilege and ensures nothing is lost in translation.
South Florida's diverse community deserves legal representation in the language they are most comfortable in. Contact Luna Law today for a free bilingual consultation — se habla Español.
Have more questions about working with Luna Law? Contact Luna Law for a free confidential consultation.
Still have questions?
We're here to help.
Every family's situation is different. Book a free, confidential consultation with Luna Law to get straight answers about your specific circumstances — no pressure, no obligation.