Tampa Divorce Attorney — Florida Divorce FAQ: Your Questions Answered
If you have questions about divorce in Tampa, Florida, you are not alone. The Florida divorce process comes with legal terms, timelines, and decisions that feel overwhelming when you are already under stress. At Lasley Family Law, Mindi Lasley, P.A. answers these questions every day for clients across Tampa and Hillsborough County. This page covers the most common questions our clients ask about Tampa divorce law — in plain language, without the legal jargon. Whether you are just starting to think about divorce or are already in the process, these answers give you a solid foundation to move forward.
General Florida Divorce Questions
| Question | Answer |
|---|---|
| What are the grounds for divorce in Florida? | Florida is a no-fault divorce state. The only ground required is that the marriage is “irretrievably broken.” You do not need to prove fault, adultery, or wrongdoing by either spouse. |
| How long do I have to live in Florida before filing for divorce? | At least one spouse must have been a Florida resident for a minimum of 6 months before filing for divorce in Florida. |
| Where do I file for divorce in Tampa? | You file in the Circuit Court in the county where you or your spouse lives. For Tampa residents, that is the Hillsborough County Clerk of Court. |
| How much does it cost to file for divorce in Hillsborough County? | The filing fee is $408 plus a $10 summons fee — totaling $418. Additional costs depend on your specific case. |
| Does Florida require a separation period before divorce? | No. Florida does not require a legal separation period. You can file for divorce at any time after meeting the residency requirement. |
| How long does divorce take in Tampa? | An uncontested divorce can finalize in 30–90 days. Contested divorces typically take 6–18 months. High-conflict cases with trial can take 2–3 years. |
| Can I get a divorce without going to court? | Yes. Most uncontested divorces and many mediated settlements are finalized without a courtroom hearing. Your attorney can often handle the process through filings alone. |
| What is the difference between a contested and uncontested divorce? | An uncontested divorce means both spouses agree on all issues — property, custody, support. A contested divorce means at least one issue requires the court to decide. |
| Do I need an attorney for a Florida divorce? | You are not legally required to have one, but an attorney protects your rights. Even for simple divorces, one-time legal review prevents costly errors that can take years to undo. |
| What is a simplified dissolution of marriage in Florida? | A simplified dissolution is available when both spouses agree on all issues, have no minor children, and neither is seeking alimony. It is a faster, lower-cost process. |
Property Division Questions
| Question | Answer |
|---|---|
| How is property divided in a Florida divorce? | Florida uses equitable distribution, meaning marital assets and debts are divided fairly — not necessarily 50/50. Courts consider factors like the length of marriage, each spouse’s contribution, and economic circumstances. |
| What is considered a marital asset in Florida? | Generally, any asset or debt acquired by either spouse during the marriage is considered marital property. This includes income, real estate, retirement accounts, and businesses built during the marriage. |
| What is considered separate property in Florida? | Assets owned before marriage, inheritances, and gifts to one spouse are typically separate property — not subject to division. However, commingling separate property with marital assets can change its status. |
| What happens to the house in a Tampa divorce? | The court may order the house sold and proceeds divided, or award it to one spouse (often with a buyout). If children are involved, courts sometimes allow the primary parent to remain in the home temporarily. |
| How are retirement accounts handled in a Florida divorce? | Retirement accounts accumulated during the marriage are marital assets. Division typically requires a Qualified Domestic Relations Order (QDRO) to transfer funds without tax penalties. |
| Can my spouse get my business in the divorce? | If the business was built or grew in value during the marriage, it may be considered a marital asset — at least partially. A business valuation determines its value for distribution purposes. |
| What happens to debt in a Florida divorce? | Marital debt is subject to equitable distribution just like assets. The court considers when the debt was incurred and for what purpose when dividing it. |
Alimony Questions
| Question | Answer |
|---|---|
| Does Florida award alimony? | Yes. Florida courts may award several types of alimony depending on the length of the marriage, the standard of living during the marriage, and each spouse’s financial circumstances. |
| What types of alimony exist in Florida? | Florida recognizes bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony. The 2023 alimony reform eliminated permanent alimony for new cases and placed limits on durational alimony. |
| How is alimony calculated in Florida? | There is no fixed formula. Judges consider the need of the requesting spouse and the ability of the other to pay, factoring in income, assets, marriage length, and standard of living. |
| How long does alimony last in Florida? | Under the 2023 reform, durational alimony cannot exceed 50% of the marriage length for marriages under 20 years. Permanent alimony was eliminated for new cases filed after July 1, 2023. |
| Can alimony be modified in Florida? | Yes. Either spouse can petition for modification if there is a substantial change in circumstances — such as job loss, significant income change, or the receiving spouse’s remarriage. |
| Does adultery affect alimony in Florida? | Florida is a no-fault state, but adultery can be considered by the court when determining alimony if the affair affected the marital finances. |
Child Custody Questions
| Question | Answer |
|---|---|
| How does Florida determine child custody? | Florida uses the term “time-sharing” rather than custody. Courts determine the time-sharing arrangement based on the best interests of the child, considering 20 statutory factors. |
| Is 50/50 custody the default in Florida? | Florida law favors frequent contact with both parents but does not mandate 50/50 automatically. Courts craft schedules based on each family’s specific circumstances. |
| What is a parenting plan in Florida? | A parenting plan is a required document in all Florida custody cases. It details time-sharing schedules, decision-making authority, and how parents will communicate about the child. |
| Can I relocate with my child after divorce? | If you plan to move more than 50 miles from your current residence, you must either get written consent from the other parent or obtain court approval. Florida’s relocation law is strict. |
| What is a guardian ad litem? | A guardian ad litem (GAL) is a court-appointed professional who represents the best interests of the child — separate from either parent’s attorney. |
| Can a child choose which parent to live with in Florida? | Florida does not have a specific age at which a child can choose. However, a child’s preference may be considered as one of many factors, especially as the child gets older. |
| How do I modify a custody arrangement in Florida? | You must file a petition showing a substantial, material, and unanticipated change in circumstances that makes modification in the child’s best interests. |
| What happens if my spouse violates the parenting plan? | You can file a motion for contempt with the court. Repeated violations can result in modification of the time-sharing arrangement, fines, or other court-ordered consequences. |
Child Support Questions
| Question | Answer |
|---|---|
| How is child support calculated in Florida? | Florida uses the Income Shares Model. Both parents’ net incomes are combined, and child support is calculated based on guidelines set by Florida Statute §61.30, adjusted for time-sharing percentages. |
| Can parents agree to a different child support amount? | Parents can deviate from the guidelines, but the court must approve any agreement and confirm it meets the child’s needs. |
| When does child support end in Florida? | Generally at age 18, or up to age 19 if the child is still in high school and expected to graduate before turning 19. |
| Can I modify child support in Florida? | Yes, if there has been a substantial change in circumstances — such as a significant income change for either parent or a change in the child’s needs or time-sharing. |
| What if my ex stops paying child support? | Florida has strong enforcement mechanisms including wage garnishment, license suspension, and contempt of court proceedings. The Florida Department of Revenue also assists with enforcement. |
Domestic Violence Questions
| Question | Answer |
|---|---|
| Can I get an emergency protective order in Tampa? | Yes. A judge can issue an ex parte (emergency) temporary injunction the same day you file if you demonstrate immediate danger. You do not need the other person present. |
| How does domestic violence affect divorce in Florida? | A history of domestic violence is a significant factor in time-sharing decisions. Courts will not approve a parenting plan that endangers a child. |
| Can I get divorced while a domestic violence injunction is in place? | Yes. Your divorce proceedings can run simultaneously with injunction proceedings. Your attorney can help coordinate both matters. |
Local Hillsborough County Divorce Resources
| Resource | Description | Link |
|---|---|---|
| Hillsborough County Clerk of Court | File divorce petitions and access court records | hillsclerk.com |
| Hillsborough County Family Law Self-Help | Court-provided forms and guidance for pro se parties | fljud13.org |
| Florida Courts Self-Help Center | Statewide family law forms and instructions | flcourts.gov |
| Florida Bar Lawyer Referral Service | Find certified Florida family law attorneys | floridabar.org |
| Bay Area Legal Services | Low-income legal assistance for family law matters in Tampa | bals.org |
Still Have Questions? Talk to a Tampa Divorce Attorney Today
Reading about divorce law in Florida is a start — but your situation is unique. The answers above cover general principles, and the details of your specific case may change what applies to you. Lasley Family Law serves clients throughout Tampa, Hillsborough County, and the greater Tampa Bay area. Mindi Lasley, P.A. will take the time to understand your situation and give you real, straightforward guidance. Call (813) 873-9047 or use our contact page to schedule a consultation. Getting answers to your Tampa divorce questions is the first step toward protecting what matters most.
About Lasley Family Law
Lasley Family Law, led by Mindi Lasley, P.A., is a Tampa-based family law firm located at 1005 N Marion St, Tampa, FL 33602. Serving clients throughout Hillsborough County and the Tampa Bay area, the firm focuses exclusively on divorce and family law — including child custody, alimony, child support, domestic violence injunctions, and post-judgment modifications. Call (813) 873-9047 to speak with our team.