Divorce and Separation

Do I Need a Family Law Attorney or a Divorce Attorney?

Usually, you don't have to choose. A divorce attorney is a family law attorney who focuses on ending marriages. Family law also covers child support, parenting plans, paternity, adoption and protective injunctions. Hire the lawyer whose experience matches every issue in your case, not the title on the sign.

Two closed file folders, a legal pad and a turned-away photo frame on a sunlit law office desk.

The short answer

Usually either one works, because divorce is part of family law and most divorce lawyers are family law lawyers. Choose the lawyer whose experience matches all of your issues, such as children, support, property or safety.

Do I need a family law attorney or a divorce attorney?

No. In most cases you don't have to pick one over the other. A divorce attorney is a family law attorney who focuses on ending marriages. Family law is the wider field. It covers divorce, child support, parenting plans, paternity, adoption and protective injunctions. What matters is experience with your exact issues, not a fancy advertisement, or even a recommendation from a friend or colleague who may not have faced the same issues.

Source: Rule 12.010, Florida Family Law Rules of Procedure, which lists the cases Florida courts treat as family law matters (checked as of October 2026).

This choice is easier than it sounds. Florida calls divorce "dissolution of marriage," and the rule lists it first among family law cases. So a lawyer who says "divorce" and one who says "family law" often do the same work in the same courtroom.

What does the right choice depend on?

The right lawyer depends on what your case involves besides ending the marriage. Make a list of every issue, then ask each lawyer about each one.

  • Children: You will need a parenting plan, the court-approved schedule for who cares for the children and when. Child support comes with it.
  • Money and property: Alimony (support paid to a spouse), a business, retirement accounts or a house need a lawyer who handles financial cases often.
  • Not married: Paternity, the legal finding of who a child's father is, is a family law case, not a divorce. Look for family law experience.
  • After the divorce: Changing or enforcing an old order is called a modification or enforcement case. It is still family law.
  • Safety: A protective injunction is a court order that tells someone to stay away from you. Family lawyers handle these too.

Tip: A title like "divorce attorney" is marketing, not a license. Every Florida lawyer holds the same license, so ask how much of their work is family law.

Which kind of lawyer fits your situation (Florida, as of October 2026)
Your situationType of caseWho to look for
Ending a marriage, no childrenDissolution of marriageDivorce or family law attorney
Ending a marriage with children or alimonyDissolution with parenting plan and supportFamily law attorney with contested divorce experience
Never married, need custody or supportPaternity and child supportFamily law attorney
Already divorced, need a changeModification or enforcementFamily law attorney

How can I tell if a lawyer really knows family law?

The clearest sign in Florida is board certification in Marital and Family Law from The Florida Bar. It is optional, and many good lawyers don't have it. But it tells you a lawyer has met set standards.

To be certified, a lawyer must meet these minimums:

  • Practice: At least five years as a lawyer.
  • Focus: 50% or more of their work in marital and family law for the past five years.
  • Cases: At least 25 contested family cases, including seven trials, in those five years.
  • Testing: Peer review, 75 hours of approved education and a written exam.

If a lawyer isn't certified, ask how many cases like yours they handled last year. Our list of questions to ask a divorce lawyer before you hire can help.

What should I do next?

Start by deciding whether you need a lawyer at all. If you and your spouse agree on everything, you may be able to file on your own. Read do I need a lawyer for divorce in Florida to weigh it.

If you do want help, follow these steps:

  1. List every issue in your case: children, support, property, debts and safety.
  2. Find two or three lawyers who handle family law cases in your county.
  3. Ask each one about their experience with your issues and how they bill.
  4. Compare costs using our guide to how much a divorce lawyer costs in Florida.

Call a lawyer soon if your spouse has already filed, if you have children, or if you feel unsafe. Those cases move quickly and carry the most risk.

Frequently asked questions

How much do divorce attorneys cost?

It depends mostly on how much you and your spouse disagree. An uncontested divorce, where you agree on everything, usually costs far less than a contested one that goes to hearings or trial. Many lawyers bill by the hour and ask for a retainer, an upfront deposit. Court filing fees are separate and are set by Florida law and your county clerk.

How long does a divorce take?

At least 20 days in Florida. Under § 61.19, Florida Statutes, a judge can't enter a final judgment until 20 days after the petition is filed, unless the delay would cause injustice. Uncontested cases often finish within a few months. Contested cases with children or property disputes can take much longer, depending on the court's calendar.

Can you explain the divorce process in this state and how long it typically takes?

Yes. In Florida, one spouse files a petition for dissolution of marriage in circuit court. The other spouse is served and responds. Both exchange financial information, try to settle, and go to a hearing or trial on anything left. The judge then signs a final judgment, at least 20 days after filing under § 61.19, Florida Statutes.

What is your experience with divorce cases?

Ask every lawyer this before you hire. A good answer gives numbers: how many years they have practiced family law, what share of their work it is, and how many trials they've handled. Florida Bar board certification in Marital and Family Law requires at least 25 contested family cases, including seven trials, in the past five years.

Sources

  1. Florida Family Law Rule of Procedure 12.010: Scope, Purpose, and Title, FloridaJustice.com
  2. Rule 6-6.2 Definitions (Standards for Board Certification in Marital and Family Law), CourtRules.net (Rules Regulating The Florida Bar)
  3. Marital & Family Law Certification Requirements, The Florida Bar
  4. § 61.19, Florida Statutes (2026): Entry of judgment of dissolution of marriage; delay period, Florida Legislature