Divorce
Divorce is one of the most significant legal and financial events many people will ever face. Issues involving children, finances, property division, support obligations, and future financial stability can quickly become complicated and emotionally difficult.
At Coplan-Gardner & Gardner, P.A., we represent clients throughout Northeast Florida in all aspects of divorce and family law litigation. Our firm approaches divorce cases strategically and realistically — focusing on protecting our clients’ long-term interests while working toward the most efficient and favorable resolution possible.
Attorney Darin Gardner carefully evaluates each case from the outset, including the financial issues involved, the parties’ positions, the likelihood of resolution, and the overall complexity of the matter. While some cases can be resolved amicably through negotiation, others require aggressive litigation and courtroom preparation from the beginning.
Divorce in Florida
Florida is a no-fault divorce state. In most cases, a party seeking dissolution of marriage must establish that the marriage is irretrievably broken or, in limited circumstances, that one spouse has been mentally incapacitated for at least three years.
Florida law recognizes two primary forms of dissolution of marriage:
- Simplified Dissolution of Marriage
- Regular Dissolution of Marriage
The appropriate process depends on the circumstances of the parties, including whether there are children, disputed financial issues, alimony claims, or contested matters requiring court intervention.
Simplified Dissolution of Marriage
Florida law permits certain couples to proceed through a simplified dissolution process when specific statutory requirements are met. Simplified dissolutions are generally intended for parties who fully agree on all issues and wish to avoid extensive litigation and court proceedings.
To qualify for a simplified dissolution of marriage in Florida:
- Both spouses must agree that the marriage is irretrievably broken
- Both parties must agree to use the simplified dissolution procedure
- There can be no minor or dependent children of the marriage
- The wife cannot be pregnant at the time the case is filed
- At least one spouse must have resided in Florida for a minimum of six months before filing
- The parties must agree on the division of all marital assets and liabilities
- Neither party may seek alimony
- Both spouses waive the right to trial and appeal
- Both parties are generally required to attend the final hearing together
Unlike regular dissolution proceedings, simplified divorces do not involve litigation over alimony, parenting plans, or unresolved financial disputes.
Although simplified dissolutions are often faster and less expensive than contested divorce litigation, it remains important to carefully evaluate financial agreements and understand the long-term consequences of asset division before finalizing the divorce.
Regular Dissolution of Marriage
Most divorce cases proceed as regular dissolutions of marriage.
A regular dissolution may be:
- Contested
- Uncontested
- Litigated
- Resolved through settlement negotiations or mediation
Regular dissolution proceedings are generally required when:
- The parties have minor children
- One spouse is seeking alimony
- Financial issues remain disputed
- Parenting issues require court determination
- One party contests the divorce or related issues
These cases frequently involve issues relating to:
- Parenting plans and time-sharing
- Child support
- Alimony
- Equitable distribution of assets and debts
- Business ownership interests
- Retirement accounts
- Real estate
- Temporary relief during litigation
Even in uncontested matters, properly drafted marital settlement agreements and parenting plans are critically important because they can significantly impact the parties long after the divorce is finalized.
Planning for Divorce
Preparing for divorce often involves more than simply filing court documents.
Divorce can affect:
- Estate planning documents
- Wills and trusts
- Beneficiary designations
- Powers of attorney
- Healthcare surrogate designations
- Retirement accounts
- Insurance policies
- Business interests
Careful financial and legal planning during the divorce process can help avoid future complications and unintended consequences.
High Asset Divorce Cases
High asset divorces often involve substantial financial complexity and require detailed analysis of income, property, valuation issues, and potential hidden assets.
These matters may involve:
- Businesses and professional practices
- Real estate holdings
- Investment and brokerage accounts
- Retirement and deferred compensation accounts
- Executive compensation
- Collections, artwork, or luxury assets
- Complex tax considerations
Florida courts divide marital assets and liabilities pursuant to equitable distribution principles under Florida Statute §61.075. However, equitable distribution does not always mean an equal division of assets.
High asset divorce litigation may also involve complicated alimony issues, business valuations, tracing of non-marital property, and forensic accounting analysis.
In some cases, parties may attempt to conceal income, transfer assets, underreport business revenue, or otherwise manipulate financial information. When necessary, we work with forensic accountants and financial experts to properly analyze and uncover complex financial issues.
Strategic Divorce Representation
Every divorce case presents unique legal, financial, and personal considerations. Some matters require negotiation and settlement efforts, while others require immediate litigation strategy and aggressive courtroom advocacy.
At Coplan-Gardner & Gardner, P.A., we provide straightforward guidance, disciplined preparation, and strategic representation tailored to the specific circumstances of each case.
Our goal is to help clients make informed decisions, protect their financial interests, and position their case for the strongest possible outcome under Florida law.
If you are considering divorce or have been served with divorce papers, experienced legal representation can make a substantial difference in the outcome of your case.
Contact Coplan-Gardner & Gardner, P.A. to discuss your case and learn more about your legal options under Florida divorce law.