A Florida Divorce Attorney With More Than Two Decades Of Experience
Divorce can feel like your entire life is being renegotiated at once: where you will live, how parenting time will work, what happens to your finances, and how to get through the next conversation without it turning into a fight. If you feel overwhelmed, uncertain or pressured to make decisions before you’re ready, you are not alone. The right guidance can bring immediate clarity, protect what matters most and help you move forward with a plan instead of panic.
Lesley Turmelle Abbott, P.A., helps clients in communities across Brevard County, including Melbourne Beach, Suntree and Titusville, navigate Florida divorce with steady, strategic representation tailored to the realities of your case. The firm’s goal is to protect your rights, reduce unnecessary conflict and position you for the best outcome possible both legally and personally. To talk through your options, call 321-253-2275 or reach out to the firm online.
Understanding Divorce In Florida
In Florida, divorce is legally called a “dissolution of marriage.” To file for divorce in Florida, at least one spouse must live in the state for at least six months. The process usually starts when one spouse files a Petition for Dissolution of Marriage in circuit court, pays the filing fee and serves the other spouse with the papers.
After the case starts, both spouses must share financial information, with only a few exceptions. They often turn in pay stubs, tax forms, bank statements and lists of debts and property. During the case, spouses may also need to handle short-term issues like a parenting schedule, child support, alimony and who stays in the couple’s shared home. In many contested cases, the court also requires mediation so the spouses can try to reach a deal without a trial.
If spouses reach agreement, the terms are put in a written settlement agreement; the judge then enters a Final Judgment of Dissolution of Marriage. If they cannot agree on some or all issues, the case moves through additional steps such as discovery, hearings and ultimately a trial where the judge decides unresolved matters. The timeline varies widely: an uncontested case may conclude relatively quickly, while a contested divorce — especially if it involves complex finances or custody disputes — can take many months or longer.
What Are The Grounds For Divorce In Florida?
While adultery or other misconduct may affect spousal support, property division or custody arrangements, Florida is a no-fault divorce state. As a result, Florida courts do not require a spouse to prove that the other spouse did something wrong to obtain a divorce. Instead, the most commonly used legal basis focuses on whether the marriage is broken beyond repair.
The most common reason for Florida divorces is that the marriage is “irretrievably broken.” This means that one spouse believes the marriage cannot be repaired and there is no realistic chance of reconciliation. Spouses do not have to agree; if one spouse testifies that the marriage is irretrievably broken, that is often enough.
Florida also allows divorce when one spouse has been legally found to be mentally incapacitated. To qualify for this type of divorce, the court must have declared one spouse incapacitated at least three years before the other files for divorce. Because this ground is more complex and evidence-heavy, it often involves additional legal steps and documentation.
Representation For Whatever Form Your Divorce Takes
Every marriage – and every divorce – comes with its own set of facts, challenges and priorities. Whether you are concerned about parenting time, protecting your finances, or navigating unique legal issues, having guidance tailored to your situation matters. Ms. Abbott represents clients throughout Brevard County and the Space Coast in a wide range of divorce matters, including those described here.
Uncontested Divorce
An uncontested divorce occurs when spouses agree about how they will divide their property, how they want to handle support, their parenting plan and other details. These cases are often more efficient and less expensive than contested matters, but the paperwork must still be drafted correctly. You also ensure the agreement protects your long-term interests.
Contested Divorce
A contested divorce means spouses disagree about one or more issues. Contested cases may involve court hearings, discovery, mediation and possibly trial. Strong preparation and clear strategy are key, especially when emotions run high or finances are complex.
Default Divorce
If one spouse fails to respond after being properly served, the court may allow the case to proceed as a default divorce. While this can move the case forward, it does not automatically mean the filing spouse gets everything requested. Florida courts still require legally sufficient proof and properly drafted documents, especially regarding children and financial matters.
Collaborative Divorce
A collaborative divorce is a structured, settlement-focused process where both spouses and their attorneys agree to resolve issues without litigation. This approach can be particularly useful when both parties want privacy, control over the outcome, and a more respectful process — especially when co-parenting will continue long after the divorce is finalized.
Mediated Divorce
Mediation is a confidential negotiation process with a neutral mediator who helps spouses reach agreements. In Florida, mediation is commonly required in contested cases before trial. A mediated divorce can save time and reduce conflict, but it’s still important to understand your rights and the long-term financial and parenting consequences of any settlement.
Divorce With Children
When children are involved, the divorce must include a parenting plan that addresses time-sharing, decision-making, communication and other essential details. Florida courts prioritize the best interests of the child. Ms. Abbott helps the spouses build practical plans, address relocation issues, resolve school and schedule conflicts and advocate for safe, stable arrangements.
High-Asset Divorce
A high-asset divorce involves substantial marital property, complex investments or significant income. These cases often require careful valuation and analysis of assets like businesses, real estate portfolios, retirement accounts, stock options and trusts. High-asset matters may also involve forensic accounting and detailed review of spending, debt and financial disclosures to ensure an equitable division under Florida law.
Military Divorce
A military divorce can involve unique legal rules and practical challenges, particularly for service members stationed away from home or spouses living in different states. Issues may include military pay and benefits, retirement division, healthcare considerations, deployments affecting time-sharing, and compliance with federal laws such as the Servicemembers Civil Relief Act (SCRA). Proper handling helps protect both your rights and your family’s stability.
Same-Sex Divorce
A same-sex divorce in Florida follows the same general legal framework as other divorces, including equitable distribution, support and parenting determinations. However, some cases involve additional complications — such as determining the length of the marriage for couples together before marriage was legally recognized, or resolving parentage issues when a child was born before the legal relationship was established. Thoughtful legal support can help ensure fair outcomes and protect parental rights.
Gray Divorce
A gray divorce typically refers to divorce later in life, often after age 50 and frequently following a long-term marriage. These cases commonly focus on retirement planning, division of pensions and retirement accounts, long-term spousal support, health care and insurance concerns, and preservation of financial stability for the next stage of life. Because there may be fewer earning years ahead, the financial impact of decisions in a gray divorce can be especially significant.
Divorce Involving Domestic Violence Or Injunctions
When a relationship involves threats, harassment or violence, safety becomes the priority. Divorce cases may overlap with a domestic violence injunction (restraining order) and can affect temporary custody, exclusive use of the home, support and communication rules. Ms. Abbott helps clients pursue protective measures and present strong evidence to the court when safety concerns are present.
Common Questions And Answers About Divorce In Brevard County
It is natural to have many questions when you are about to go through a Florida divorce. Divorce is a complex and involved process, and it will likely involve many changes to your daily life. Below are answers to some of the most common questions divorce attorneys receive.
Should I expect to pay or receive alimony?
Alimony in some form is expected in many Florida divorces. There are several types of alimony, and the one that affects your situation will depend on your own circumstances.
If you have concerns about making ends meet because your spouse is the primary income earner for the family, be sure to bring this up with your attorney early on in the process. Alimony may be appropriate in such a case.
My spouse cheated on me. Will that give me an advantage in the divorce?
Florida is a no-fault divorce state, which means that neither spouse needs to be blamed for the breakdown of the marriage. This is usually preferable to filing a fault-based divorce because it doesn’t require you to prove the allegations that your spouse was to blame.
Even when infidelity is a factor in the breakdown of a marriage, it would likely have no impact on property division or child custody. It is possible that your spouse’s infidelity could have an impact on decisions about awarding alimony and alimony amounts. Because this is case-specific, however, you should discuss it with your attorney instead of making any assumptions.
How is property divided in a Satellite Beach divorce?
Florida recognizes what’s known as the equitable distribution model. This means that any assets considered marital property must be divided equitably, which is not always the same thing as equally.
How long will it take to complete my divorce?
Unfortunately, there is no blanket answer to this question. It will depend on factors such as:
- Whether you agree on all terms of the divorce (filing uncontested) or have disagreements that need to be resolved (contested divorce)
- Whether you choose litigation or an alternative method like mediation
- How busy the courts are
- Whether child custody is a factor in the divorce (if it is contested)
- Whether you are new to the state (there are some residency requirements)
As a general rule, your case can be resolved much more quickly if there are few (or no) areas of disagreement and if you are committed to negotiating with your spouse. In simple divorce cases that are uncontested, couples can complete the process within four to five weeks. This is rare, however. Most cases last at least several months, and some can take more than a year.
What is the difference between a contested and uncontested divorce?
In an uncontested divorce, both spouses agree on all major issues, including property division, child custody, spousal support and other relevant matters. A contested divorce occurs when spouses cannot reach an agreement on one or more critical issues, so the court has to step in to resolve those disagreements.
Uncontested divorces generally resolve much faster than contested divorces. Because both parties are in agreement, there is no need for extensive legal proceedings, including multiple court hearings, motions and a trial. That minimizes both the time and the costs involved for everyone. Uncontested divorces are also less stressful and can more easily preserve a couple’s working relationship as co-parents.
However, contested divorces are not all bad. When one spouse feels strongly about an issue or the opposing party is abusive or uncooperative, a contested divorce can help protect one’s interests. In particularly difficult situations involving complex financial matters, high-value assets or disputed custody, judicial oversight may be necessary to obtain fair results.
Reach Out Today To Schedule Your Initial Consultation
Located in Satellite Beach, Lesley Turmelle Abbott, P.A., serves clients throughout Brevard County. To get answers to your own divorce questions and personalized guidance from an experienced attorney, call the firm at 321-253-2275 or send an email.