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2025

Contested vs. Uncontested Divorce in Florida: What You Need to Know

Quick Summary: When you're facing divorce in Florida, one of the first questions you'll encounter is whether your case will be contested or uncontested. This distinction isn't just legal terminology, it shapes everything from how long your divorce takes to how much it costs and the level of stress you'll experience along the way. In this comprehensive guide, I'll walk you through exactly what these terms mean, how they affect your case, and the strategic approach to getting the best possible outcome for your future. I've guided countless clients through both types of divorce over my years practicing family law in Florida,...

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Filing for Divorce in Florida

Practical guidance for families. Clear, calm, and to the point. Over the last couple of weeks I’ve had a bunch of people ask me whether there is an advantage to filing for divorce first. This is added to my series of blog posts that answer frequently asked questions about the Florida divorce process. In this post, we'll explore the advantages and disadvantages of being the first to file for divorce. Whether you are considering filing for divorce or simply curious about how the process would start, this will give you a helpful, big-picture view of the pros and cons of taking the...

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Alimony Obligations during Retirement in Florida

“Am I really expected to work until I’m 82 just to keep paying alimony?” “What happens to my support when my ex retires?” If you’ve asked yourself either of those questions, you’re in the right place. Whether you’re nearing retirement and wondering if you can finally stop making those monthly alimony payments, or you rely on that support and are worried it might suddenly disappear. Florida law has answers. And the good news? It’s more balanced than ever before. This article breaks down how Florida handles alimony when retirement enters the picture. We’ll look at both sides — what it means if you’re...

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Visitation Rights and Schedules in Florida

A parenting plan is a document that outlines the schedule each parent gets to see the children for, parental responsibilities, and communication methods for parents who are divorcing or separating in the state of Florida. If violated, the offending parent can face fines, jail time, or be required to make up time sharing. In this article, I’ll answer the following questions about parenting plans in Florida… ...

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Private School Tuition and Divorce in Florida: What You Need to Know

Divorce is already complicated, but when private school tuition is involved, it adds another layer of financial and legal challenges. If your child is currently attending a private school or you’re considering enrolling them, you may be wondering: Will I be required to continue paying for private school after my divorce? Can I ask my ex to cover tuition costs? What happens if private school is no longer affordable? In Florida, a judge can order one parent to contribute to private school tuition, but it is not automatic. Certain legal criteria must be met. Below, we will break down how Florida divorce laws address private...

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QDROs: Dividing Retirement Funds in a Florida Divorce

Navigating splitting your retirement in Florida during a divorce

Can My Spouse Take My Retirement In A Florida Divorce? I’m family law attorney Scott Kalish. Today, we’re tackling a question that’s on the minds of many going through a divorce in sunny Florida: “Can my spouse lay claim to my retirement funds?” What about stocks, 401(k) plans, pensions, or other benefits? Divorce can be complex, especially when it involves dividing retirement accounts and other assets. This article, based on an episode of my Florida Divorce Podcast, will help you understand how retirement-related assets are divided during a divorce. Whether you’re dealing with a 401(k), stock options, or a pension, we’ll walk through the...

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Florida Non-Marital Property

In Florida, understanding the difference between marital and non-marital property is crucial during a divorce. Non-marital property refers to assets or liabilities that are excluded from equitable distribution, meaning they remain the sole property of the original owner. Our legal team specializes in identifying separate vs marital property to ensure your interests are protected during the asset division process. This article will break down what qualifies as non-marital property, how it is treated under Florida law, and scenarios where it might transform into marital property. If you wish to protect your assets before marriage, we can also assist in drafting a...

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