Florida Family Law Help — Free 24/7 Divorce & Custody Line

Family Law in Florida — what to do right now

If you were just served with a Petition for Dissolution of Marriage, write down the date you were handed the papers — that starts your 20-day clock to file an Answer with the Clerk of the Circuit Court. Do NOT ignore it; missing the deadline lets your spouse move for a default and ask the judge to decide property, support, and time-sharing without you. Do NOT drain joint accounts, move money, or hide assets — under § 61.075 a Florida judge can count intentional dissipation of marital assets within the 2 years before filing against the spouse who did it, giving the other spouse a larger share. If there's any threat of violence, the same circuit court can issue an emergency injunction the same day. Then call 1-844-690-0555 to understand exactly what your papers demand and by when.

The law in Florida: Family Law

Florida family law lives almost entirely in Chapter 61 of the Florida Statutes, and every case — divorce, alimony, child support, and time-sharing — is heard by the Family Law Division of the Circuit Court in your county, not a standalone 'family court.' Florida has 20 judicial circuits, and you file through the Clerk of the Circuit Court where you or your spouse live. To even file, Fla. Stat. § 61.021 requires that at least one spouse has lived in Florida for 6 months before the petition; file too early and it gets dismissed. Florida is a pure no-fault state under § 61.052 — you don't prove cheating or cruelty, only that the marriage is 'irretrievably broken,' and there's no mandatory separation period to wait out.

Property is divided by equitable distribution under § 61.075, NOT community property. The court starts from a premise that marital assets and debts split equally, but can order an unequal split based on statutory factors — including the intentional dissipation of marital assets after filing or within the 2 years before filing. Premarital, inherited, and gifted property stays non-marital and yours, as long as it wasn't commingled into joint accounts or titled jointly. Running parallel to all of this is Florida Family Law Rule of Procedure 12.285: both parties must exchange financial affidavits and core documents (three years of tax returns, recent pay stubs, bank and credit-card statements) within 45 days of service. The financial-affidavit requirement cannot be waived, and hiding assets invites motions to compel and sanctions.

Two 2023 reforms reshaped Florida family law and blindside people who rely on old advice. First, § 61.13 now creates a rebuttable presumption that equal, 50/50 time-sharing is in the child's best interest — a parent who wants a different split carries the burden of rebutting it by a preponderance of the evidence. Child support itself is set by the § 61.30 income-shares guidelines, factoring in each parent's income, health insurance, childcare, and the number of overnights. Second, § 61.08 (SB 1416, effective July 1, 2023) abolished permanent alimony entirely, leaving only four types: temporary, bridge-the-gap, rehabilitative, and durational — with caps on amount and duration.

Domestic violence runs on its own track. A petition for an Injunction for Protection Against Domestic Violence under § 741.30 can get you an ex parte temporary injunction the same day, lasting a fixed period not to exceed 15 days until a full hearing. Violating that injunction is a first-degree misdemeanor under § 741.31, and a domestic-violence injunction triggers mandatory surrender of firearms and ammunition. If the respondent isn't your spouse or a household member, Chapter 784 covers dating, repeat, sexual-violence and stalking injunctions instead — choosing the right petition matters. Separately, the Florida Department of Revenue Child Support Program can establish and enforce support administratively, without a court case at all. Legal Hotline is not a law firm and gives legal information, not legal advice; calling creates no attorney-client relationship — but it's the fastest way to understand which track, form, and deadline apply to you.

Key Statutes

Fla. Stat. § 61.021 — at least one spouse must reside in Florida 6 months before filing
Fla. Stat. § 61.052 — pure no-fault; 'irretrievably broken,' no separation period required
Fla. Stat. § 61.075 — equitable distribution (NOT community property); 2-year dissipation lookback
Fla. Stat. § 61.08 — alimony (SB 1416, July 2023): permanent alimony abolished; four capped types
Fla. Stat. § 61.13 — rebuttable presumption of equal 50/50 time-sharing

Courts & Agencies

Circuit Court, Family Law Division — all divorce, support, time-sharing and injunctions (20 circuits)
Clerk of the Circuit Court — where you file your petition and Answer
General Magistrates / Child Support Hearing Officers — hear referred support matters
Florida Dept. of Revenue, Child Support Program — administrative establishment & enforcement
District Courts of Appeal — hear appeals from final family-law judgments

Penalties & Deadlines

20 days to file an Answer after being served — or risk a default
45 days for mandatory financial disclosure (Fla. Fam. L. R. P. 12.285) — affidavit cannot be waived
Ex parte DV injunction lasts a fixed period not to exceed 15 days until the full hearing (§ 741.30)
Violating a DV injunction (§ 741.31): first-degree misdemeanor — up to 365 days jail + $1,000 fine; third-degree felony on repeat
30 days to appeal a final judgment to the DCA

Permanent Alimony Is Gone, and Time-Sharing Now Starts at 50/50 — Florida's 2023 Rewrite Catches People Off Guard

If your last advice about a Florida divorce is more than a couple of years old, it may be wrong. On July 1, 2023, SB 1416 abolished permanent alimony — a spouse who left a 25-year marriage expecting lifetime support now faces only durational alimony, capped at 35% of the net-income difference and limited to 75% of the length of a 20-year-plus marriage. The same wave of reform flipped time-sharing: § 61.13 now presumes equal 50/50 time-sharing, and a parent who wants a different split must rebut that presumption by a preponderance of the evidence. People walk into settlement talks anchored to the old rules and give away — or demand — the wrong thing. Before you agree to numbers or a parenting plan, get the current law straight. Call 1-844-690-0555, free and 24/7.

Likely outcomes & penalties

Every Florida family case turns on its own facts, but here are the realistic ranges the statutes set. These are legal information to orient you, not a prediction of your result.

Property division

Marital assets and debts presumptively split 50/50 under § 61.075; an unequal split is possible for dissipation or other statutory factors. Non-marital (premarital, inherited, gifted) property stays separate if not commingled.

Durational alimony

Capped at the lesser of the recipient's need or 35% of the difference between the parties' net incomes. Duration is tied to marriage length: up to 50% of its length for a short-term marriage (under 10 yrs), 60% for a moderate-term marriage (10–20 yrs), and 75% for a long-term marriage (20+ yrs). No more permanent alimony.

Child support

Set by the § 61.30 income-shares guideline schedule; deviating more than 5% from the guideline amount requires a written finding explaining why. Enforcement can mean income withholding, driver-license and professional-license suspension, passport denial, tax-refund intercept, and civil contempt (jail until the purge is paid).

DV injunction violation

First-degree misdemeanor under § 741.31: up to 365 days in jail and a $1,000 fine. Two or more prior violations against the same victim become a third-degree felony (up to 5 years). The injunction also forces surrender of firearms and ammunition.

Mistakes to avoid

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Ignoring a served Petition for Dissolution past the 20-day window — a default lets the judge divide your property, set support, and order a parenting plan without ever hearing from you.

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Draining or moving joint accounts after the marriage breaks down — under § 61.075 a Florida court can count dissipation of marital assets within the 2 years before filing against you, so it usually costs you more than it saves.

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Treating the 45-day mandatory financial disclosure under Rule 12.285 as optional or 'negotiable' — the financial affidavit can't be waived, and a hidden account discovered later can reopen the whole settlement and trigger sanctions.

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Negotiating alimony or time-sharing from pre-2023 assumptions — assuming permanent alimony still exists, or that mothers get default majority time-sharing, when § 61.08 capped durational alimony and § 61.13 now presumes 50/50 time-sharing.

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Filing the wrong protective-order petition — using a Chapter 741 domestic-violence injunction when your relationship requires a Chapter 784 dating, repeat, or stalking injunction (or vice versa) gets you the wrong form, court standard, and possibly a dismissal.

How it works

Call 1-844-690-0555 — free, 24/7. No web form, no income test, no waiting on hold for office hours. Call from anywhere in Florida — Miami to Pensacola — in your language, including Spanish. It's free and available any hour, because a petition served on a Friday night can't wait until Monday.

Talk to an AI assistant trained on Florida + federal law. Explain your situation in plain words. The assistant gives you clear legal information — which deadline applies, what your papers actually demand, how equitable distribution, the 50/50 time-sharing presumption, or the alimony caps work for facts like yours. This is legal information, not legal advice, and the call creates no attorney-client relationship.

Get matched with a Florida family law attorney — if you want one. If your situation needs a lawyer, we can help you book a paid consultation with a Florida-licensed family law attorney — a separate paid step we arrange right from the call. No pressure and no obligation; many callers just need the information first.

Free & low-cost Family Law help in Florida

If you can't afford a private attorney, Florida has real free and low-cost help for family-law and domestic-violence matters. These are independent organizations — separate from Legal Hotline — and a good place to start while you decide your next move.

Florida Courts Help (help.flcourts.gov)

The state courts' official self-help site and app: free Supreme Court-approved family law forms — divorce, time-sharing, parenting plans, financial affidavits, name change, injunctions — plus self-help center contacts for every circuit.

Florida Department of Revenue — Child Support Program

The state Title IV-D agency that establishes, modifies, and enforces child support administratively — income withholding, license suspension, intercepts — without a private court case.

Florida Law Help (FloridaLawHelp.org)

Statewide legal-aid intake portal. Pick your issue, answer a few questions, and get pointed to the right free or low-cost provider and self-help resources for your county.

Bay Area Legal Services (Tampa Bay)

Free civil legal help, including a family law and domestic-violence unit, across Hillsborough, Pasco, Pinellas, Manatee and Sarasota. Legal Aid Line 1-800-625-2257 (Mon-Fri).

Legal Services of Greater Miami

Free civil legal aid for low-income residents of Miami-Dade and Monroe Counties, including family-law matters.

Coast to Coast Legal Aid of South Florida (Broward)

Free civil legal services for eligible Broward County residents, with a family-law and domestic-violence focus. Apply online or call 954-736-2400 (Mon-Fri 9am-5pm).

The Florida Bar Lawyer Referral Service

The Bar's official referral line, 1-800-342-8011 (Mon-Fri), plus a 24/7 online tool. Connects you to verified Bar-member attorneys; the initial 30-minute consultation costs no more than $25.

FAQ — Family Law in Florida

How long do I have to respond to a divorce petition in Florida?

Once you're served with a Petition for Dissolution of Marriage, you have 20 days to file an Answer with the Clerk of the Circuit Court. Miss it and your spouse can move for a default, letting the judge decide property, support, and time-sharing without your input. If you've been served, call 1-844-690-0555 now — free, 24/7 — to understand exactly what your papers demand and by when.

Is Florida a no-fault divorce state, and do we have to separate first?

Yes. Under Fla. Stat. § 61.052, Florida is pure no-fault — you only have to state that the marriage is 'irretrievably broken,' with no need to prove adultery or cruelty and no mandatory separation period. You do need 6 months of Florida residency before filing. For clear legal information on whether you're ready to file, call 1-844-690-0555 free, any hour.

How is property divided in a Florida divorce?

Florida uses equitable distribution under § 61.075, not community property. The court starts from a presumed equal split of marital assets and debts but can order an unequal one for factors like dissipation. Premarital, inherited, and gifted property usually stays yours if it wasn't commingled. To understand what counts as marital in your case, call 1-844-690-0555 for free legal information, 24/7.

Did Florida really get rid of permanent alimony?

Yes — as of July 1, 2023, § 61.08 (SB 1416) abolished permanent alimony. Only temporary, bridge-the-gap, rehabilitative, and durational alimony remain, with durational alimony capped at 35% of the difference between the parties' net incomes and limited in length by the length of the marriage. If your expectations are based on older advice, call 1-844-690-0555 free, 24/7, and get the current rules before you negotiate.

Is time-sharing automatically 50/50 in Florida now?

Since July 1, 2023, § 61.13 creates a rebuttable presumption that equal 50/50 time-sharing is in the child's best interest. It's a starting point, not a guarantee — a parent seeking a different split must rebut the presumption by a preponderance of the evidence. To understand how the presumption applies to your family, call 1-844-690-0555 for free legal information, available any hour.

How is child support calculated in Florida?

Child support follows the § 61.30 income-shares guidelines, based on both parents' incomes, health-insurance and childcare costs, and the number of overnights each parent has. Deviating more than 5% from the guideline amount requires a written finding from the judge explaining why. For a plain-English walkthrough of how the guideline works for your numbers, call 1-844-690-0555 free, 24/7.

How do I get a restraining order in Florida, and how long does it last?

In Florida it's called an Injunction for Protection. You petition the Circuit Court under § 741.30 for domestic violence (or Chapter 784 for dating, repeat, sexual-violence or stalking). A judge can grant an ex parte temporary injunction the same day; it lasts a fixed period of no more than 15 days until a full hearing, where a longer injunction can be entered. Violating one is a crime under § 741.31. If you're in danger, call 911 first, then call 1-844-690-0555 to understand which injunction fits your situation.

What happens if I don't turn over my financial documents in time?

Florida Family Law Rule 12.285 requires both spouses to exchange financial affidavits and core documents — tax returns, pay stubs, bank and credit-card statements — within 45 days of service, and the financial affidavit can't be waived. Ignoring it invites motions to compel and sanctions, and hidden assets found later can reopen a settlement. To understand what you must disclose, call 1-844-690-0555 free, 24/7.

Can child support be enforced if my ex won't pay in Florida?

Yes, and the tools are serious. The Florida Department of Revenue Child Support Program and the courts can use income withholding, driver-license and professional-license suspension, passport denial, tax-refund intercepts, and even civil contempt — jail until the past-due amount is purged. To learn which enforcement path applies to you, call 1-844-690-0555 for free legal information, any hour.

How do I change an existing time-sharing or support order in Florida?

Modifying time-sharing under § 61.13 requires showing a 'substantial, material, and unanticipated change in circumstances' and that the change serves the child's best interest. Support modifications follow the § 61.30 guidelines after a substantial change in income or needs. Before you file, call 1-844-690-0555 free, 24/7, to understand whether your situation likely meets the legal standard.

Are you a Florida family law attorney? Join our referral network.

We connect frightened, ready-to-act Floridians — facing divorce, time-sharing disputes, alimony questions, and domestic-violence injunctions — with licensed family law attorneys across the state, from Miami and Fort Lauderdale to Tampa, Orlando, Jacksonville and the Panhandle. If you're a Florida Bar member in good standing who handles Chapter 61 and protective-order matters and you'd like qualified, pre-informed client referrals, we'd like to hear from you. Mention joining the attorney network when you call 1-844-690-0555, or reach out through our site.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Served With a Divorce Petition in Florida? You May Have Just 20 Days to Respond.