Family Law
Family law matters can have serious and long-lasting consequences. The attorney you choose can significantly impact your finances, your relationship with your children, and your future stability. The wrong approach can create unnecessary conflict, expense, and outcomes that affect your life for years to come.
At Coplan-Gardner & Gardner, P.A., we provide strategic, results-focused representation in complex and contested family law matters throughout Northeast Florida. Our firm is recognized for its disciplined preparation, courtroom experience, and practical approach to resolving difficult legal issues efficiently and effectively.
Attorney Darin Gardner evaluates each case carefully from the outset — analyzing the facts, the parties involved, the financial issues, and the likelihood of resolution. This allows clients to make informed decisions while positioning the case for the strongest possible outcome, whether through negotiated settlement or litigation.
Equitable Distribution and Asset Division
In Florida, marital assets and liabilities are divided pursuant to Florida Statute §61.075. While the law begins with a presumption that marital assets should be divided equally, courts may deviate from a 50/50 distribution based on numerous statutory factors and the unique circumstances of each case.
Courts may consider:
- Each spouse’s financial and non-financial contributions to the marriage
- The economic circumstances of each party
- The duration of the marriage
- Interruptions to education or career opportunities
- Contributions made to the other spouse’s career or earning capacity
Florida law also governs:
- Classification of marital versus non-marital assets
- Valuation dates for assets and liabilities
- Dissipation or waste of marital funds
- Commingling and tracing issues
Asset division is often far more complex than it initially appears. Determining whether an asset is marital, identifying hidden income or property, valuing businesses and retirement accounts, and properly tracing financial transactions can substantially affect the outcome of a case.
In many matters, strategic presentation of these issues is just as important as the underlying financial facts themselves.
Time-Sharing and Parenting Plans
Florida no longer uses the term “custody.” Instead, courts establish parenting plans and time-sharing schedules based upon the best interests of the child under Florida Statute §61.13.
Recent statutory changes created a rebuttable presumption that equal time-sharing is in the child’s best interests. However, that presumption does not apply automatically in every case and may be overcome depending on the specific facts and circumstances involved.
Courts evaluate numerous factors, including:
- Each parent’s willingness to support the child’s relationship with the other parent
- Stability and continuity of the home environment
- Mental and physical health considerations
- Moral fitness
- History of domestic violence, substance abuse, or neglect
- Practical considerations involving school schedules, employment, and distance between households
A parenting plan must not only satisfy legal requirements — it must also function effectively in real life. We work with clients to develop practical, enforceable parenting arrangements designed to protect both the child’s best interests and the parent-child relationship.
Alimony and Spousal Support
Florida’s alimony laws changed significantly in 2023 with the elimination of permanent periodic alimony.
Under Florida Statute §61.08, courts must first determine whether one party has a legitimate financial need and whether the other party has the ability to pay before any support may be awarded.
Florida law currently recognizes several forms of alimony, including:
- Temporary Alimony — support awarded during the pendency of the case
- Bridge-the-Gap Alimony — short-term assistance intended to address identifiable transitional needs
- Rehabilitative Alimony — support designed to assist a spouse in redeveloping education, training, or employable skills pursuant to a specific rehabilitative plan
- Durational Alimony — support limited by statutory duration caps tied to the length of the marriage
Durational alimony has become one of the most heavily litigated issues following the statutory reforms. Courts must now evaluate complex issues involving income, retirement, earning capacity, reasonable need, and statutory duration limitations.
While the statute provides guidance, many aspects of the law remain subject to ongoing judicial interpretation. Understanding how courts are applying these evolving standards — and what has actually been approved in real cases — can significantly impact the outcome.
This is where experience and strategic case preparation matter.
Modifications
Florida law allows modification of alimony, child support, and time-sharing arrangements under certain circumstances.
Generally, a party seeking modification must demonstrate a substantial, material, and unanticipated change in circumstances. Examples may include:
- Significant income changes
- Job loss
- Illness or disability
- Changes involving the child’s needs
- Retirement
Modification proceedings are often highly fact-specific and require careful presentation of financial evidence and supporting documentation. We work closely with clients to evaluate whether modification is appropriate and how best to position the case for success.
Complex and Contested Family Law Matters
Many family law cases involve complicated financial issues, contested parenting disputes, business ownership interests, or high-conflict dynamics between the parties.
Our firm approaches these matters with a focus on preparation, efficiency, and long-term strategy. While we work toward resolution whenever appropriate, we prepare every case as though it may ultimately proceed to court.
When necessary, we work alongside financial professionals, vocational experts, forensic accountants, and other specialists to properly analyze and present critical issues.
Our Approach
Family law cases require more than knowledge of statutes and procedure. They require judgment, preparation, strategic planning, and the ability to adapt as circumstances evolve throughout the litigation process.
At Coplan-Gardner & Gardner, P.A., we provide straightforward guidance, disciplined preparation, and practical legal representation tailored to the specific needs of each client and family.
Our goal is to position our clients for the strongest possible outcome while minimizing unnecessary conflict, expense, and disruption to their lives.
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Family Law
- Overview
- Divorce
- Domestic Violence Injunctions
- Alimony
- Division of Assets
- Timesharing
- Paternity
- Child Support