What to Bring to Your First Divorce Consultation in Florida

By Nadia Pazos, Family Law Attorney, Pazos Law Group · May 2026  ·  ← All blog posts

Which Florida Statutes Govern a Dissolution of Marriage? (Chapter 61, 2025 Fla. Stat.)

A Florida divorce is a statutory proceeding. Fla. Stat. § 61.021 sets the residency requirement, and the rest of chapter 61 controls every stage that follows. Every proposition below is tied to the pinpoint subsection that supports it. Links go to the official text published by the Florida Legislature.

• § 61.021 — requires one party to have resided in Florida for 6 months before filing the petition.
• § 61.052 — permits dissolution on a finding that the marriage is irretrievably broken, or on mental incapacity meeting the statutory conditions — Florida is a no-fault state.
• § 61.19 — bars entry of a final judgment until at least 20 days after the petition is filed, unless the court finds injustice would result from the delay.
• § 61.071 — authorizes alimony pendente lite and suit money while the case is pending.
• § 61.075(1) — requires the court to begin equitable distribution from the premise that it should be equal.
• § 61.075(7) — fixes the classification cut-off at the earlier of a valid separation agreement or the filing of the petition.
• § 61.075(9) — directs the court to divide the estate first and consider alimony afterward.
• § 61.08(1)(a) — lists the available forms of alimony: temporary, bridge-the-gap, rehabilitative, and durational.
• § 61.08(2)(a) — requires a finding of the requesting party’s need and the other party’s ability to pay.
• § 61.13(2)(c)1. — presumes equal time-sharing is in the child’s best interests, rebuttable by a preponderance of the evidence.
• § 61.13(2)(b) — sets the mandatory minimum contents of a parenting plan.
• § 61.30(1)(a) — makes the child support guidelines schedule the presumptive amount.
• § 61.16 — governs attorney’s fee and cost awards between the parties.
• § 61.14 — governs post-judgment modification and enforcement.
• § 44.102(2)(c) — requires referral of custody, visitation, and parental-responsibility disputes to family mediation, with an exception where a history of domestic violence would compromise the process.
• § 44.405 — governs mediation confidentiality, the mediation privilege, and its exceptions.
• § 61.183 — governs mediation of contested family issues; the public-records exemption is in subsection (3).
• §§ 61.501–61.542 — the UCCJEA determines which state may decide the parenting issues.

Source: Florida Legislature, 2025 Florida Statutes. Fla. Stat. ch. 61 Fla. Stat. ch. 61

“in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors” — Fla. Stat. § 61.075(1)

“In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable.” — Fla. Stat. § 61.08(1)(a)

“Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” — Fla. Stat. § 61.13(2)(c)1.

Answers to the Questions the Statute Actually Decides

How long must you live in Florida before filing for divorce?

Six months. § 61.021 requires one of the parties to have resided in the state for 6 months before the petition is filed. Residency is typically proved by a Florida driver license, voter registration, or the corroborating testimony of a third party.

What is the shortest a Florida divorce can take under § 61.19?

Twenty days. The statute bars entry of a final judgment until at least 20 days after the petition is filed, unless the court finds that injustice would result from the delay. That is a statutory floor, not a typical timeline — contested cases run far longer.

Do you need to prove fault to get divorced in Florida?

No. Under § 61.052 a court may dissolve the marriage on a finding that it is irretrievably broken. The other statutory ground is mental incapacity meeting the conditions the section sets out. Fault is not an element, though § 61.08(1)(a) lets the court consider adultery and its economic impact when setting alimony.

Is mediation required under § 44.102(2)(c)?

Where a family mediation program exists and the court finds a dispute, § 44.102(2)(c) requires referral of custody, visitation, and parental-responsibility issues to mediation. The same paragraph directs the court not to refer a case on a party’s motion where it finds a history of domestic violence that would compromise the process.

Statutory authority checked against the 2025 Florida Statutes on 6 August 2026.

A first consultation with a family law attorney is your chance to understand your situation, your options, and the path forward. Coming prepared makes the meeting more productive and gives you a more accurate picture of what to expect.

The first meeting with a divorce attorney is part fact-gathering, part assessment, and part interview. The attorney needs information to evaluate your case. You need information to evaluate the attorney. Bringing the right documents and the right questions makes the meeting useful for both sides.

Financial Documents to Bring

Florida divorce law turns heavily on financial information. The more complete your documents, the more accurately the attorney can advise you. If you don’t have something, bring what you have. Don’t delay the consultation waiting for perfect records.

Income

• Last 2–3 years of joint and individual federal income tax returns.
• Most recent 2–3 pay stubs for each spouse, if known.
• K-1s, business tax returns, or 1099s for self-employed spouses.
• Bonus, commission, and equity compensation statements.

Assets

• Bank statements (checking, savings) for the past 6–12 months.
• Brokerage and investment account statements.
• Retirement account statements (401(k), IRA, pension).
• Real estate deeds, mortgage statements, and recent appraisals.
• Business entity documents (if applicable): articles of incorporation, operating agreements, partnership agreements, shareholder agreements.
• Vehicle titles and loan statements.

Debts

• Credit card statements.
• Personal loan and student loan statements.
• Mortgage and auto loan balances.
• Tax debts, if applicable.

Marital Documents

• Marriage certificate.
• Prenuptial or postnuptial agreement, if any.
• Any prior court orders (including from previous marriages or other cases).

If You Have Children

• Children’s birth certificates.
• School schedules, daycare arrangements, and current routines.
• Notes on each parent’s actual involvement (not what each parent claims, but what really happens).
• Any concerns about the other parent’s caregiving or safety issues.

Personal Notes to Prepare

The attorney will ask you to summarize the situation. A short written outline helps you stay organized. Include:

• Date of marriage.
• Date of separation, if you’ve already separated.
• Whether your spouse knows you are seeking a divorce.
• The general state of communication with your spouse.
• Major issues you anticipate (assets, custody, alimony, business, etc.).
• Your goals: what does a successful outcome look like for you?
• Any urgent concerns: safety, finances, children, an upcoming deadline.

Questions to Ask the Attorney

The consultation is also your chance to evaluate whether this attorney is the right fit. Reasonable questions include:

• Based on what I’ve told you, what is your initial assessment?
• What is the realistic range of outcomes?
• What is the realistic timeline?
• What is the realistic cost range, including out-of-pocket costs beyond attorney fees?
• How do you bill, and what is required to retain you?
• Who will be my primary point of contact at the firm?
• How quickly do you typically respond to calls and emails?
• What can I do to keep costs down?
• What should I do (or not do) right now?
• How much experience do you have with cases like mine?

What to Expect from the Meeting

A typical first consultation runs 45 minutes to 90 minutes. Some firms charge a consultation fee; some offer an initial consultation. Confirm before the meeting.

You should leave the consultation with:

• A clearer understanding of where you stand legally.
• A realistic sense of the path forward.
• An idea of likely cost and timeline.
• A clear answer on whether you want to retain this attorney.

What Not to Do Before the Meeting

• Do not empty joint accounts or hide assets. Florida courts have strong remedies for asset dissipation, and doing so can harm your case.
• Do not sign anything your spouse asks you to sign without legal review.
• Do not move children out of state without legal advice.
• Do not discuss the case publicly on social media.
• Do not share consultation details with your spouse if you’re still living together — the attorney-client privilege protects communications between you and the lawyer, but only if you don’t voluntarily share them.

Is the Consultation Confidential?

Yes. Even if you do not retain the attorney, your conversation is generally protected by the attorney-client privilege under Florida law. The attorney also cannot represent your spouse later in the same matter.

The Bottom Line

The more prepared you are for your first divorce consultation, the more useful the meeting will be. Bring the documents listed above (or what you have), bring written notes on your situation, and come with questions. A good first meeting sets up the rest of the process to go more smoothly.

Frequently Asked Questions

Related Reading

• Florida Divorce Financial Affidavit Guide (Form 12.902)
• Florida Divorce — Practice Area
• How Much Does a Florida Divorce Cost?
• Florida Divorce Timeline
• Florida Family Law Glossary — 32+ Plain-English Definitions
• Florida Alimony 2026: The 4 Types After 2023 Reform

Get Help in Your City

Pazos Law Group represents clients throughout South Florida:

• Coral Gables Divorce Attorney
• Doral Divorce Attorney
• Brickell Divorce Attorney

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.