When people are undergoing a divorce in Florida, there are often many questions about the financial implications, including the basic costs of getting a divorce and child-related expenses such as custody and support arrangements.
We are here to help you navigate the financial waters involved in family law cases. In this guide, we will provide answers to common questions like:
“How much does a divorce cost in Florida?”
“What is the cost of a divorce in Florida with a child involved?”
“How can I potentially minimize divorce costs?”
This straightforward discussion will help you clearly understand your obligations regarding the costs of a divorce and deal with financial concerns during these challenging times.
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Basics of Divorce Costs in Florida
When discussing “How much does a divorce cost in Florida?” one should know that certain standard expenses are involved in the process, which includes court fees, attorney fees, and other miscellaneous expenses and steps associated with divorce.
Overall, the average cost of divorce in Florida ranges from $11,000 – $14,000. However, the costs can be significantly lower if the case has no contested issues.
Here is a breakdown of the costs:
- Court fees — Filing fees will vary by county, but the average across the state is about $400.
- Attorney fees — Divorce attorneys typically charge by the hour, averaging from $250 to $500.
- Miscellaneous expenses — Depending on the case, additional costs will include mediation, as well as other potential fees for financial analysts and appraisers.
As mentioned above, the costs of a divorce in Florida significantly depend on whether there are contested issues (such as child custody, property ownership, etc.).
These are all average costs and do not necessarily represent the financial obligations of your divorce. Various factors typically affect the cost, increasing or decreasing the total financial obligation.
Cost Variables in Divorce
While divorce cases have certain similarities, they can also have significant differences – which can greatly affect the cost. As you can see from the list above, the simpler the case, the lower the cost.
Is your divorce contested or uncontested?
A contested divorce may involve multiple disputed issues. Alimony and the distribution of assets and debts are two areas that are often contested during the dissolution of a marriage. Another primary area of contested divorce is issues related to timesharing with children. Does one parent want sole decision-making authority? Are there disagreements about timesharing or child support? These disputes can take time and effort (raising costs) to resolve, particularly if they go to trial. There are circumstances where it may be necessary for experts to be appointed,
An uncontested divorce is much more straightforward. The couple and their lawyers agree on assets, property, and related issues. When the parents can agree together on an acceptable solution, uncontested divorces may also include child custody and support. There are no lengthy disputes to settle or need to go to trial, foregoing extended hours of attorney fees and court-related trial costs.
How complex is your divorce?
A complex divorce can be due to multiple factors, such as parents living in different states, a history of domestic violence, complicated financial assets and investments, debts, paternity issues, and issues related to children, among others. All of these can play a role in overall costs.
What are the attorney rates?
Attorney fees vary depending on location, experience, and the costs of paralegal and legal support staff.
Another cost variable can include whether you need experts for evaluation purposes or to testify in a trial.
Cost of Divorce in Florida with Child
One of the most important discussions surrounding “How much does a divorce cost in Florida?” concerns whether or not there is a child (or children), which typically makes the divorce more complicated, adding in more processes and more time, which increases the costs.
In many divorces, dealing with timesharing arrangements can be very fraught, leading to disputes that must be resolved through attorneys and potentially in the courtroom.
Note: The term “custody” is no longer used in Florida divorce law. The legal language has moved to “timesharing” and “shared parental responsibility,” which refers to both the time each parent will have with the child as well as the legal and the decision-making that each parent is able to make on behalf of the child.
Florida Statutes 61.30 governs costs related to child support. The amount is calculated based on each parent’s monthly net income, how much timesharing each party exercises with the minor children, health insurance and childcare expenses. Child Support is calculated according to the statutes. The court does have the ability to award 5% above or below the guidelines depending on several factors, which can include:
- Extraordinary expenses for medical, psychological, educational, or dental needs.
- A child’s independent income, excluding amounts received from supplemental security income.
- Regularly paid parental support where there is a demonstrated need.
- Seasonal fluctuations in the income or expenses of one or both parents.
- Consideration of the child’s age, recognizing that older children may have greater needs.
- Special needs costs, such as those associated with a child’s disability, that have traditionally been covered by the family budget, even if these costs exceed the presumptive support amount set by the guidelines.
- The total assets that are available to the obligee, obligor, and child.
- The impact of tax benefits such as the Internal Revenue Service Child & Dependent Care Tax Credit, Earned Income Tax Credit, and dependency exemptions. The court may require a parent to waive the IRS dependency exemption if the paying parent is up to date on support payments.
- Application of the child support guidelines that would require someone to pay more than 55 percent of their gross income for child support from a single support order.
Timesharing and parental responsibility will also affect the cost of the divorce, which can include the costs of an expert to evaluate the family situation to decide on formal arrangements. Attorney and court fees rise when child arrangements are contested, particularly when the case goes to trial.
When considering the overall costs of a divorce with a child or children, keep in mind potential new housing needs and other costs such as commuting to and from households, schools, and extracurricular activities.
Minimizing Divorce Costs
There are ways to navigate through the financial impacts of a divorce to minimize the costs. These strategies may not work for everyone, but they can be effective if implemented in your case.
If possible, avoid a trial. Trials significantly increase costs due to court fees, attorney fees, and miscellaneous expenses such as expert witnesses. Avoiding a trial is the best way to reduce the costs of a divorce.
Organize your financial records. Finances are a primary component of a divorce. Be diligent in organizing various financial documents to help reduce the billable hours of attorneys, paralegals, and support staff collecting the required documentation.
Deal with the allocation of household items on your own. “Things” can spark difficult emotions. If you can separate those feelings and divide items like furniture, art, dishes, etc., civilly, it will help reduce costs.
Stay organized for your communications with your attorney. Be prepared with notes, items for discussion, and any questions, which will help save time and money.
Attorneys with experience in family law and its emotional, legal, and financial complexities understand the concerns about costs. They can work with you to help minimize costs while ensuring fair outcomes.
Legal Aid and Financial Resources
There are legal aid options for civil cases such as divorce at the local, state, and national levels. Some Florida counties, cities, and rural areas have services for those in need. Listings are available at the Office of Family Courts through the Florida Courts website.
Payment plans and personal loans can also be used as financial resources for divorce costs. However, it is not recommended to get payday loans or other short-term loans with extremely high interest rates.
FAQs on Divorce Costs
Here are answers to common questions that arise regarding the financial aspects of divorce in Florida:
Does an extramarital affair impact alimony?
Under Florida law, “the court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” Generally speaking, the court will seek to determine whether the non-adulterous spouse was detrimentally affected financially due to the affair.
What types of divorces are the most expensive?
Divorces that go to trial cost the most. If disputes, including those regarding children, can be resolved without going to trial, this will greatly reduce the costs.
What types of divorces are the least expensive?
The type of divorce that is the least expensive is an uncontested divorce, when both parties agree on the following:
- Whether support (alimony or child support) will be paid and how much,
- How all assets/property and debts will be divided and
- If children are involved – your parenting plan.
What are the most important factors affecting the cost of a Florida divorce lawyer?
The number and type of disputes involved in the divorce are directly related to the time attorneys need to resolve them. Actions needed include:
- Analyzing financial documents.
- Filing motions.
- Representing you at hearings.
- Negotiating a settlement agreement.
How Golden Key Law Group Can Assist
At Golden Key Law Group, we specialize in guiding individuals through the complexities of divorce in Pinellas Park, Florida, and the St. Petersburg area.
We provide a tailored approach to protecting your interests and advocating for your rights and goals at every turn. Whether negotiating equitable asset/debt division, determining alimony, or addressing child custody concerns, our skilled divorce attorneys are committed to securing your best possible outcome. We listen to your needs and understand these challenging times’ personal and financial impact.
Our skilled, compassionate divorce attorneys can provide guidance and representation to minimize financial stress during divorce.
Contact us today for a consultation.