Compassionate Divorce Representation in Sarasota
Ending a marriage is one of the hardest decisions you will ever make. Whether you are filing for divorce or responding to papers your spouse already served, you need a divorce lawyer in Sarasota who knows the local courts, understands Florida family law, and will fight for your financial future and your relationship with your children.
At Bragg Family Law, Adam and Rebekah Bragg have helped hundreds of Sarasota families through divorce. We handle contested and uncontested divorces, high-asset property division, child custody and time-sharing, child support, alimony, and everything else that comes with dissolving a marriage in Florida.
Every case is different. Some couples agree on most issues and need help finalizing the paperwork. Others have complex assets, business interests, or heated disagreements about custody. We tailor our approach to your situation, not a template.
How Divorce Works in Florida
Florida is a no-fault divorce state under Florida Statutes Section 61.052. You do not need to prove that your spouse did anything wrong. You only need to state that the marriage is irretrievably broken. Either spouse can file. The court will not ask whose fault it was.
That said, no-fault does not mean simple. You still need to resolve property division, debt allocation, alimony, child custody, child support, and attorney fees. The more you and your spouse can agree on, the faster and cheaper the process becomes.
Residency Requirements
Under Florida Statutes Section 61.021, at least one spouse must have lived in Florida for at least six months before filing. It does not matter where you got married. You file in the county court where you and your spouse last lived together, where your spouse currently lives, or where your marital residence is located. For most Sarasota residents, that means filing in the Twelfth Judicial Circuit, which covers Sarasota, Manatee, and DeSoto counties.
Filing and Service
The divorce process starts when one spouse files a Petition for Dissolution of Marriage with the circuit court. The petition outlines what you are asking for: property division, alimony, custody, child support, and any other relief. The filing spouse is the petitioner. The other spouse is the respondent.
After filing, the petitioner must have the divorce papers formally served on the respondent, usually through a process server or the sheriff's office. The respondent then has 20 days to file a written answer with the court. If they do not respond, the court may enter a default judgment.
Financial Disclosure
Both spouses must complete a financial affidavit and exchange supporting documents under Florida Family Law Rule 12.285. This includes pay stubs, tax returns, bank statements, retirement account balances, credit card statements, loan documents, and anything else showing your income, assets, and debts.
This step is where many divorces get complicated. People hide assets, undervalue businesses, or forget to disclose accounts. Your divorce lawyer needs to review the other side's disclosures carefully and push back when something does not add up.
Mediation
Florida courts require mediation before a divorce case can go to trial. Mediation is a confidential meeting where both spouses and their attorneys sit down with a neutral third party (the mediator) to try to reach a settlement. Most divorce cases in Sarasota settle at mediation. If you and your spouse reach an agreement, the mediator drafts a marital settlement agreement and parenting plan, which the judge reviews and incorporates into the final judgment.
If mediation does not resolve everything, the case moves toward trial. Your case may also settle at a second mediation or through attorney negotiations between court dates.
Trial and Final Judgment
If your case goes to trial, the judge hears testimony, reviews evidence, and makes decisions on every unresolved issue. The judge then issues a Final Judgment of Dissolution of Marriage that legally ends the marriage and sets the terms for property division, alimony, custody, and support.
The entire process can take anywhere from a few months for an uncontested divorce to two or three years for a heavily contested case with a trial. Most contested divorces in Sarasota resolve in six to twelve months.
Property Division in a Florida Divorce
Florida follows the principle of equitable distribution under Florida Statutes Section 61.075. Equitable does not always mean equal. The court starts with a presumption that marital assets and debts should be split 50/50, but either spouse can argue for a different distribution based on factors like:
- Each spouse's contribution to the marriage, including homemaking and child-rearing
- The economic circumstances of each spouse at the time of divorce
- Whether either spouse intentionally wasted or destroyed marital assets
- The length of the marriage
- Each spouse's contributions to acquiring, improving, or maintaining marital property
Marital property includes anything you acquired during the marriage, regardless of whose name is on the title. Non-marital property includes assets you owned before the marriage, and assets you received by inheritance or gift during the marriage, as long as you did not commingle them with marital funds.
Property division gets complicated when couples own businesses, rental properties, retirement accounts, pensions, stock options, or significant debt. We work with financial experts when needed to value businesses and trace non-marital claims. Learn more on our property division page.
Alimony in Florida
Alimony (also called spousal support) is governed by Florida Statutes Section 61.08. The court looks at whether one spouse has a financial need and whether the other spouse has the ability to pay. Florida recognizes several types of alimony:
- Temporary alimony - paid during the divorce process to help the lower-earning spouse maintain financial stability
- Bridge-the-gap alimony - short-term support to help a spouse transition to single life, limited to two years
- Rehabilitative alimony - support designed to help a spouse become self-supporting through education or training
- Durational alimony - set payments for a specific period, available in marriages of any length
- Lump-sum alimony - a one-time payment instead of ongoing support
The type and amount of alimony depends primarily on the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. See our alimony page for more detail.
Child Custody and Time-Sharing
Florida law does not use the term custody. Instead, it uses parental responsibility (decision-making authority) and time-sharing (the schedule for when each parent sees the child). These concepts are governed by Florida Statutes Section 61.13.
The court's primary focus is the best interests of the child. Florida presumes that shared parental responsibility is in the child's best interests, meaning both parents should have a say in major decisions about education, healthcare, and religion. Time-sharing schedules vary widely depending on the child's age, school schedule, each parent's work schedule, and the distance between the parents' homes.
A parenting plan is required in every divorce involving children. The parenting plan must address how decisions will be made, the regular time-sharing schedule, holiday and vacation schedules, transportation arrangements, and how parents will communicate about the child.
Child support is calculated using a formula based on each parent's net income and the number of overnight stays the child has with each parent. Learn more on our child custody and child support pages.
Contested vs. Uncontested Divorce
If you and your spouse agree on every issue (property, debt, alimony, custody, support, and fees), you can file an uncontested divorce. Uncontested divorces are faster, cheaper, and less stressful. You file the paperwork together, the court reviews it, and the judge enters a final judgment without a trial. Many uncontested divorces in Sarasota finalize in two to three months.
If you disagree on even one major issue, the divorce is contested. Contested divorces require mediation, court hearings, and potentially a trial. They take longer and cost more, but they are sometimes the only option when a spouse is unreasonable or hiding assets.
Even in an uncontested divorce, it is smart to have a divorce lawyer review the paperwork before you sign. Once the judge enters the final judgment, changing it is difficult.
How Much Does a Divorce Cost in Sarasota?
The cost of a divorce in Sarasota depends on whether it is contested or uncontested, the complexity of your assets, and how much disagreement exists between you and your spouse.
As a general range in the Sarasota market, an uncontested divorce with no children and minimal assets typically runs between $1,500 and $3,500 in attorney fees, plus the court filing fee (currently around $408 in Sarasota County). Every case is different, so we give you a specific quote at your consultation.
A contested divorce with mediation, depositions, and court hearings typically runs $10,000 to $25,000 per spouse in the Sarasota market. Cases that go to trial can exceed $50,000 per side. These are general market ranges, not a quote. We will give you a specific estimate based on your situation.
We offer free initial consultations so you can understand your options before committing to anything. We are upfront about costs and will give you a realistic estimate based on your situation.
How Long Does a Divorce Take in Florida?
- Uncontested divorce: 2 to 3 months from filing to final judgment
- Contested divorce (settles at mediation): 4 to 8 months
- Contested divorce (goes to trial): 12 to 36 months, depending on the court's schedule and the complexity of the case
Sarasota County's Twelfth Judicial Circuit has a family law division that handles all divorce cases. The timeline depends on how quickly both sides complete financial disclosure, whether mediation succeeds, and how many unresolved issues remain.
Why Choose Bragg Family Law?
Adam Bragg is a Board Certified Marital and Family Lawyer by the Florida Bar. Board certification is not something every attorney has. It requires years of practice, peer review, a rigorous exam, and a demonstrated track record in family law. When you hire a board-certified attorney, you are hiring someone the Florida Bar has vetted as an expert in this field.
Rebekah Bragg brings over a decade of trial experience as a former prosecutor. She knows how to build a case, present evidence, and argue persuasively in front of a judge.
Together, we have handled hundreds of Sarasota divorces. We limit our caseload so every client gets personal attention from their attorney, not a paralegal. You will speak directly with Adam or Rebekah about your case, not a case manager.
We also offer collaborative divorce and family mediation for couples who want to resolve their divorce without going to court.
Frequently Asked Questions
Do I need a divorce lawyer for an uncontested divorce in Florida?
You are not legally required to have a lawyer, but it is strongly recommended. Even an uncontested divorce involves a marital settlement agreement that becomes a court order. If the paperwork is wrong or you agree to terms that are not in your favor, fixing it later is difficult and expensive. A divorce lawyer can review your agreement, make sure your rights are protected, and handle the filing correctly the first time.
How long do I have to live in Florida before I can file for divorce?
At least one spouse must have lived in Florida for six months before filing. You do not need to have been married in Florida. You file in the county where you and your spouse last lived together or where your spouse currently lives.
How is property divided in a Florida divorce?
Florida uses equitable distribution, which means the court divides marital property fairly, though not necessarily 50/50. Marital property includes anything acquired during the marriage. Non-marital property (assets you owned before marriage, inheritances, and gifts) generally stays with the original owner, unless it was commingled with marital funds.
Can I get alimony in Florida?
Alimony depends on whether one spouse has a financial need and the other spouse has the ability to pay. The court considers the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. Florida offers several types of alimony, including temporary, rehabilitative, durational, and lump-sum.
What is the difference between custody and time-sharing in Florida?
Florida law uses parental responsibility (decision-making) and time-sharing (the parenting schedule) instead of the word custody. The court focuses on the best interests of the child. Most parents share parental responsibility, but time-sharing schedules vary depending on the child's needs and each parent's availability.
How much does a divorce cost in Sarasota?
An uncontested divorce typically costs $1,500 to $3,500 in attorney fees plus the court filing fee. A contested divorce usually costs $10,000 to $25,000 per spouse, depending on complexity. Cases that go to trial can cost significantly more. We offer free consultations to discuss your situation and give you a realistic cost estimate.
What if my spouse is hiding assets?
Your divorce lawyer can use the legal discovery process to demand financial records, take depositions, and subpoena documents. If a spouse is caught hiding assets, the court can penalize them by awarding a larger share of the remaining property to the other spouse. This is why thorough financial disclosure review is critical.
Can I modify my divorce decree later?
Yes. Under Florida law, you can request modifications to child custody, child support, and alimony if there has been a substantial change in circumstances since the original order. Common reasons include job loss, relocation, changes in income, or changes in the child's needs. See our order modifications page for details.
Take the First Step
If you are considering divorce or your spouse has already filed, the sooner you talk to a divorce lawyer in Sarasota, the better your position will be. Early legal advice can help you avoid costly mistakes, understand your rights, and build a strategy for your financial future and your children.
Call us at (941) 893-1555 or schedule a free consultation. We serve clients in Sarasota, Venice, Bradenton, Lakewood Ranch, and throughout Sarasota County.