Estate Planning
Divorce is one of the hardest things a person goes through, and the legal process can make it feel even heavier. Deadlines, paperwork, and decisions about your children, your home, and your finances all arrive at once, usually when you have the least energy to deal with them. The right attorney takes that weight off your shoulders and helps you move through it with a clear head.
Vollrath Law has guided Oviedo and Seminole County clients through divorce for more than 25 years. Divorce is part of our broader family law practice, and this page focuses on the divorce itself, how it works in Florida, what to expect, and how we help. Whether your case is amicable or contested, we will give you straight answers and a clear plan. Reach out to our Oviedo office or request a free consultation online.
Florida is a no-fault divorce state, so you do not have to prove wrongdoing to end your marriage. There are two grounds under Fla. Stat. § 61.052, that the marriage is irretrievably broken, or the mental incapacity of one spouse. In practice, nearly every case proceeds on the first ground. If you are still weighing the decision, our post on reasons for divorce may help you think it through.
Before you can file in Florida, at least one spouse must have lived in the state for six months, a requirement set by Fla. Stat. § 61.021. Divorces for Oviedo residents are filed in the Eighteenth Judicial Circuit, which serves Seminole County.
The single biggest factor in how long your divorce takes and what it costs is whether it is contested or uncontested.
An uncontested divorce means you and your spouse agree on every issue, from dividing property and debt to parenting and support. These cases are faster, cheaper, and far less stressful. Even so, it is wise to have an attorney review the settlement agreement, because once the judgment is entered it is very hard to undo.
A contested divorce means you disagree on at least one issue and need the court’s help to resolve it. These cases involve financial disclosures, negotiation, mediation, and sometimes trial. If you are unsure whether to push back on your spouse’s terms, our post on whether it is worth contesting a divorce is a useful read. And if you have just been handed papers, see what to do if you are served divorce papers.
Florida offers a streamlined option called simplified dissolution of marriage under Fla. Stat. § 61.052, which can be finalized in a matter of weeks. It is only available to couples who have no minor children together, are not expecting a child, agree on dividing all property and debt, and are not seeking alimony. It is faster and cheaper, but both spouses give up certain rights, so it is worth confirming you truly qualify. We explain it in how to get a divorce immediately in Florida.
Every case is different, but a Florida divorce generally follows this path. For a fuller walkthrough, see our guide on the Florida divorce process.
An uncontested divorce can sometimes be finalized in a few weeks to a couple of months once everything is agreed and filed. A contested divorce usually takes several months to a year or more, depending on the issues and the court’s calendar. The more you and your spouse can agree on, the faster it goes.
The court filing fee is roughly $400, but that is a small part of the total. The real cost is driven by conflict. An uncontested or simplified divorce is far less expensive than a contested case that requires extensive discovery, expert valuations, and trial. Fighting over every item can cost more than the items are worth, which is why we push for fair, durable agreements wherever possible. We are clear about cost from the start so there are no surprises.
Most Florida courts require couples to attempt mediation before trial, and for good reason. Mediation lets you shape your own outcome instead of leaving it to a judge, and it is usually faster, cheaper, and less adversarial. If you have never done it, our guide to the first divorce mediation session explains what to expect.
For couples who want to stay out of court entirely, collaborative divorce is a structured process where both spouses and their attorneys commit to reaching an agreement together, often with neutral financial and mental health professionals. We compare the two approaches in collaborative divorce versus mediation.
A divorce resolves several distinct issues, each governed by its own part of Florida law. We handle all of them, and each has a dedicated page with more detail.
Some divorces carry added complexity that calls for extra care.
When a marriage involves a business, real estate, retirement accounts, or other significant assets, dividing things fairly takes careful valuation and strategy. These cases also raise the risk of a spouse trying to hide or move assets, which we address in a spouse selling assets before divorce. We protect your interests and make sure the full marital estate is on the table.
If you gave up a career to raise a family or support your spouse, you may worry about your financial footing after divorce. Florida law accounts for those contributions. We explain what to expect in what a non-working spouse is entitled to and what a spouse is entitled to in a settlement.
Debts acquired during the marriage are divided along with the assets, and who pays what is not always obvious. Credit card balances in particular can become a fight, which we cover in who is responsible for credit card debt in divorce.
A little preparation goes a long way. Gathering your financial records, thinking through your priorities, and choosing the right attorney all make the process smoother. Our guides on choosing a divorce lawyer and preparing for your first meeting walk you through it. If your goal is to end the marriage as amicably as possible, especially for your children’s sake, how to end a marriage peacefully and co-parenting after divorce are worth reading.
Divorce changes more than your marital status. It affects your will, your beneficiary designations, and your powers of attorney, and Florida law treats some of these automatically while leaving others in place. We explain the impact in does divorce revoke a will, and our estate planning team can update your plan so it reflects your new life.
You have options for a divorce lawyer, so here is what sets our firm apart.
We keep the path forward simple and predictable.
Our office is located at 1757 W. Broadway, Suite 3, Oviedo, FL 32765. We represent clients throughout Central Florida, including Oviedo, Winter Springs, Casselberry, Sanford, Lake Mary, Longwood, Geneva, and the surrounding Seminole County communities. If you are searching for a divorce lawyer near you in this area, we would be glad to help.
How long does a divorce take in Florida?
An uncontested divorce can sometimes be finalized in a few weeks to a couple of months. A contested divorce usually takes several months to a year or more, depending on the issues and the court’s schedule.
How much does a divorce cost in Florida?
The court filing fee is around $400, but the total depends mostly on conflict. Uncontested and simplified divorces cost far less than contested cases that require discovery, expert valuations, and trial. Reaching agreements wherever possible is the best way to control cost.
What is the difference between contested and uncontested divorce?
An uncontested divorce means you and your spouse agree on every issue, making it faster and cheaper. A contested divorce means you disagree on at least one issue and need the court to help resolve it. See uncontested divorce in Florida for more.
Do I need a lawyer to get divorced in Florida?
You are not legally required to have one, but it is wise. A divorce judgment is very hard to change once entered, and an attorney makes sure your agreement is fair, complete, and enforceable, so a small oversight now does not become a serious problem later.
What are the grounds for divorce in Florida?
Florida is a no-fault state. Under Fla. Stat. § 61.052, the grounds are that the marriage is irretrievably broken or the mental incapacity of a spouse. Almost all cases proceed on the first ground, so you do not have to prove wrongdoing.
Is mediation required in a Florida divorce?
Most Florida courts require couples to attempt mediation before trial. It gives you control over the outcome and is usually faster and less expensive than litigating. Our guide to the first mediation session explains what to expect.
How is property divided in a Florida divorce?
Florida uses equitable distribution under Fla. Stat. § 61.075, dividing marital assets and debts fairly, though not always equally. Non-marital property generally stays with its original owner. More in splitting assets in a divorce.
However your situation looks right now, you do not have to face it alone. The sooner you understand your options, the better your decisions will be. Call Vollrath Law or reach out through our contact page for a free consultation.
This page is for general information only and is not legal advice. Divorce outcomes depend on the specific facts of your case and on current Florida law. For advice about your situation, speak with a licensed Florida attorney.
Had the opportunity to utilize this office for estate planning: Last Will and Testament, Power of Attorney, Designation of Health Care Surrogate, and Living Will. We had the pleasure of working with Brian Buck and Melora Vandersluis Esq. The process was very smooth and we utilized a secure portal to review documents and to prepare for questions …
Our experience with Vollrath Law was excellent. We had an initial phone consultation for our will and potential trust, then worked with one of the associates by email until we scheduled our signing appointment. Everyone in the office is friendly and professional and answered all of our questions/ concerns …
Sharon, Stephanie and Amanda are the dream team with title closings for my customers and for me personally. Highly recommend for stress free, efficient and fast mortgage closings for new purchases and refinances in the state of Florida.
We can’t wait to help you tackle your legal challenges and achieve your goals! Our first step is to chat with you and really get to know your unique situation. We’ll listen to your concerns, answer any questions you may have, and create a customized legal strategy that meets your needs and goals.
With our strategy in place, we’ll work with you to bring your legal matter to a successful resolution. No matter what legal challenge your family is facing, we’re here to guide you every step of the way.
We understand that legal paperwork can be overwhelming, but we’ll make it easy and stress-free for you. We’ll help you prepare and file any necessary documents, ensuring that everything is accurate and up-to-date.
In some cases, negotiations and mediation can help resolve legal matters without going to court. We’ll work with you to find common ground and reach a resolution that meets your needs and goals.
Our final step is to help you achieve success and move forward with confidence. Whether it’s a finalized estate plan that provides peace of mind, or a successful divorce settlement that protects your interests, we’re dedicated to helping you achieve your goals and thrive in the future.
The length of a divorce in Florida depends on the complexity of the case and whether it is contested or uncontested. Generally, an uncontested divorce can take as little as two weeks, while more complex cases can take several months or more.
The documents you need to file for divorce vary depending on your particular circumstances. Generally, you must file a Petition for Dissolution of Marriage, a Financial Affidavit, a Parenting Plan (if you have minor children), and other documents related to your specific situation.
The cost of a divorce in Florida can vary depending on the case’s complexity. Generally, you can expect to pay court filing fees of around $400, as well as attorney’s fees and other costs associated with the case.
