The short answer
Ask how often the lawyer handles Florida divorces like yours, who will work on your file, how the fee, retainer and costs work, what a realistic total cost and timeline look like, and how quickly they reply. Then check their record in The Florida Bar directory and get the fee terms in writing before you pay.
What should you check before hiring a Florida divorce lawyer?
Before you hire, check that the lawyer is in good standing with The Florida Bar, make sure their experience fits how complex your case is, compare fee structures, and get a written fee agreement before you pay a retainer.
| Factor | Florida rule (2026) |
|---|---|
| Residency | One spouse must have lived in Florida for 6 months before filing (§ 61.021, Florida Statutes) |
| Waiting period | No final judgment until at least 20 days after the petition is filed, unless the court finds that waiting would cause an injustice (§ 61.19, Florida Statutes) |
| Filing fee | $397.50 to file a petition for dissolution of marriage, as of October 2026; verify with the local clerk |
| Contingency fees | Banned when the fee depends on getting the divorce or on the amount of alimony, support or property (Rule 4-1.5(f)(3)(A), Rules Regulating The Florida Bar) |
| Fee communication | The fee basis must be communicated, preferably in writing, and any nonrefundable fee must be confirmed in writing (Rule 4-1.5(e)) |
| Attorney's fees award | A court may order one spouse to pay the other's reasonable attorney's fees after weighing both spouses' finances (§ 61.16, Florida Statutes) |
| Board Certification | Marital and Family Law certification requires 5 years in practice, 25 contested cases including 7 trials, peer review and an exam |
| Bar referral | Florida Bar Lawyer Referral Service: 800-342-8011, $25 for a half-hour first consultation |
How do I check a divorce lawyer's Florida Bar standing and discipline history?
Look the lawyer up by name in The Florida Bar's Lawyer Directory. It shows whether they are licensed and eligible to practice in Florida, and it flags any public discipline. Do this before the consultation, so you can ask about anything you find.
What to check on the listing:
- Eligibility: The lawyer must be a member in good standing and eligible to practice. A suspended or inactive lawyer cannot take your case.
- Discipline history: A public reprimand or suspension doesn't automatically rule a lawyer out, but ask what happened and what changed afterward.
- Certification: The listing shows Board Certification, which The Florida Bar grants by area of law.
- Office address: Make sure it matches the firm you are talking to.
Does the lawyer's experience match my divorce?
It should. An uncontested divorce with no children needs a different lawyer from a custody fight or a case with a family business, hidden assets or retirement accounts to divide. The Florida Bar suggests asking whether the lawyer has handled cases like yours and how often.
What does Board Certification in Marital and Family Law mean?
It is The Florida Bar's highest credential for family lawyers. According to The Florida Bar's certification requirements, a board-certified lawyer has:
- Practice: At least 5 years in practice, with 50% or more of their work in marital and family law during the 5 years before applying.
- Trial work: At least 25 contested family cases in that period, including at least 7 trials.
- Education: 75 hours of approved continuing legal education in the specialty.
- Review: Peer review and a passed written exam.
You don't need a board-certified lawyer for every divorce. For a high-conflict custody case, a large estate or a likely trial, though, it is a credential you can check.
How much does a divorce lawyer cost in Florida?
Most Florida divorce lawyers bill by the hour against an upfront retainer. Some charge a flat fee for uncontested cases. Total cost depends mostly on how much you and your spouse fight, so ask for an estimate for your case, not just the hourly rate.
The ranges below are market estimates published by a legal directory in July 2026, not set fees. Use them to compare quotes, and know that rates in large metro areas usually run higher.
Two Florida rules affect what you pay:
- No contingency on the result: Under Rule 4-1.5(f)(3)(A), a lawyer cannot charge a fee that depends on getting the divorce or on the amount of alimony, support or property you receive.
- Fee shifting: Under § 61.16, Florida Statutes, the court can order the spouse with more resources to pay part of your attorney's fees. Ask whether you should request this.
| Fee structure | Typical range (2026) | Best for |
|---|---|---|
| Hourly, junior associate | $200 to $325 per hour | Routine drafting, discovery and paperwork |
| Hourly, mid-level attorney | $325 to $425 per hour | Most contested cases |
| Hourly, senior partner | $425 to $750 per hour | Complex assets, high-conflict custody, trials |
| Flat fee, uncontested divorce | $750 to $2,500 | Spouses who already agree on every issue |
| Flat fee, simplified dissolution | $500 to $1,500 | Couples who qualify for Florida's simplified process |
| Initial retainer, contested case | $3,500 to $10,000 | Starting a contested case billed hourly |
| Trial retainer | $5,000 to $25,000 on top of the initial retainer | Cases headed to a final hearing or trial |
What questions should I ask a divorce lawyer at the first consultation?
Bring this list to the consultation and write down the answers. Each question includes a line on why it matters.
- How many Florida divorces like mine have you handled in the last few years? Experience with your kind of case (custody, a business, military pensions) matters more than years in practice.
- Are you Board Certified in Marital and Family Law? It is a credential you can verify, and it signals trial experience.
- Who will actually work on my case? Associates and paralegals may do much of the work, at lower rates.
- How do you bill, and what are your rates and everyone else's? You need every hourly rate, not just the partner's.
- How much is the retainer, is any of it nonrefundable, and what happens to unused money? Florida requires a nonrefundable fee to be confirmed in writing.
- What will my case likely cost in total, settled and if it goes to trial? A range helps you budget and compare lawyers.
- What costs come on top of your fee? Filing fees, process servers, appraisers, forensic accountants and custody evaluators can add up.
- Should I ask the court to make my spouse pay my fees? § 61.16 may apply if your spouse earns or holds much more than you do.
- What outcome is realistic for custody, support and property? A straight answer is better than a promise.
- How long do cases like mine usually take in this circuit? Local court schedules and mediation requirements affect the timeline.
- Do you recommend mediation or a collaborative divorce for my case? Settling usually costs less than a trial.
- How will you keep me updated, and how fast do you reply? Poor communication is one of the most common complaints about lawyers.
- What should I do, and not do, right now? You should leave with guidance on documents, money and talking to your spouse.
- Will you put the fee agreement in writing before I pay? The Florida Bar says a written fee agreement is always advisable.
What are the red flags when hiring a divorce lawyer?
Walk away if a lawyer promises results, offers a fee that breaks Florida's fee rules, or rushes you. These warning signs apply in every Florida county:
- Guaranteed outcomes: No lawyer can promise custody, a set alimony amount or a set share of the property. A judge decides what you don't settle.
- Contingency fees in divorce: A fee based on getting the divorce or on how much alimony, support or property you receive is prohibited under Rule 4-1.5(f)(3)(A).
- Pressure to sign: Be cautious of a lawyer who says the offer expires today or demands a retainer before answering your questions.
- No written fee agreement: If the lawyer won't put rates, the retainer and billing terms in writing, expect billing disputes later.
- Vague billing answers: Not knowing how they bill for calls, emails or staff time is a warning sign.
- Unchecked status: The lawyer isn't in The Florida Bar directory, or has discipline they don't explain.
- Encouraging conflict: Pushing for a fight when you and your spouse mostly agree drives up fees.
When might I not need to hire a divorce lawyer?
You may not need full representation if you and your spouse agree on everything, have few assets and no minor children. Couples in that position can use Florida's simplified dissolution process or the Florida Supreme Court-approved family law forms.
Even then, many people pay for a single consultation or limited help, such as reviewing a settlement agreement before they sign it. Hire a lawyer for the whole case if any of these apply:
- You have minor children and disagree about time-sharing or support.
- There are retirement accounts, a business, real estate or debts to divide.
- Your spouse has a lawyer.
- There is domestic violence or you fear for your safety.
- You suspect your spouse is hiding income or assets.
For a fuller look at the process, read our divorce and separation guides.
Where can I find a divorce lawyer in Florida?
Start with The Florida Bar Lawyer Referral Service at 800-342-8011. It can set up a half-hour first consultation for $25. Many local bar associations run their own referral services, which charge $25 to $50 for a first appointment and sometimes waive the fee for people with low incomes.
If you can't afford a lawyer, try these:
- Legal aid: FloridaLawHelp.org lists free legal aid programs by county for people who qualify by income.
- Florida Courts Help: The Florida Courts Help website and app link to local self-help centers and to Florida Supreme Court-approved family law forms.
- Clerk and self-help centers: Your county clerk of court can tell you the current fees and which forms to file.
Whoever you find, check them in The Florida Bar directory and use the questions above before you sign.
Frequently asked questions
What is Board Certification?
Board Certification is The Florida Bar's credential for lawyers who prove special skill in an area of law. In Marital and Family Law, it requires 5 years in practice, at least 25 contested family cases including 7 trials, 75 hours of specialty education, peer review and a passed exam. You can confirm it in The Florida Bar's Lawyer Directory.
Can a divorce lawyer take my case on contingency?
No, not on the outcome. Rule 4-1.5(f)(3)(A) bars any fee that depends on getting the divorce or on the amount of alimony, support or property you receive. The Florida Bar's Ethics Opinion 87-3 does allow a fee to depend on whether the court orders your spouse to pay your attorney's fees.
Does a Florida divorce lawyer need a written fee agreement?
Not always, but you should insist on one. Rule 4-1.5(e) says the fee basis should be communicated, preferably in writing, and any nonrefundable fee must be confirmed in writing. The Florida Bar advises that a written fee agreement is always advisable to prevent disputes.
How much is a divorce lawyer consultation in Florida?
Sometimes it is free, and often it costs $25 to $50 through a referral service. The Florida Bar Lawyer Referral Service (800-342-8011) arranges a half-hour consultation for $25, and local bar referral services charge $25 to $50. Private firms set their own consultation fees, so ask when you book.
Can my spouse be ordered to pay my divorce lawyer?
Sometimes. Under § 61.16, Florida Statutes, a judge can order one spouse to pay a reasonable amount of the other's attorney's fees and costs after weighing both spouses' financial resources. This usually helps the spouse with lower income or fewer assets. Ask your lawyer whether to request it early in the case.
What documents should I bring to a divorce consultation?
Bring recent tax returns, pay stubs, bank and retirement account statements, mortgage and debt statements, any prenuptial agreement, and any court papers already filed. If you have children, bring notes on the current parenting schedule. These let the lawyer give you a realistic cost and outcome estimate instead of a guess.
How long do I have to live in Florida to file for divorce?
Six months. Under § 61.021, Florida Statutes, one spouse must have lived in Florida for 6 months before the petition is filed. Only one spouse has to meet the residency rule. Ask the lawyer how you will prove it, usually with a Florida driver's license, ID card or voter registration.
Should I hire a lawyer if my divorce is uncontested?
Sometimes. If you agree on everything, have no minor children and have few assets, you may be able to use the simplified dissolution process or approved forms. Paying a lawyer a flat fee to review your settlement before you sign can still prevent costly mistakes, especially with pensions or real estate.
Sources
- How to Hire a Lawyer, The Florida Bar
- How to Find a Lawyer in Florida (Consumer Pamphlet), The Florida Bar
- Marital & Family Law Certification Requirements, The Florida Bar
- Lawyer Directory (Find a Member), The Florida Bar
- Ethics Opinion 87-3, The Florida Bar
- Rule 4-1.5 Fees and Costs for Legal Services, Ruledex (Rules Regulating The Florida Bar)
- § 61.021, Florida Statutes (2026): Residence requirements, Florida Legislature
- § 61.19, Florida Statutes (2026): Entry of judgment, Florida Legislature
- § 61.16, Florida Statutes (2026): Attorney's fees, suit money, and costs, Florida Legislature
- Dissolution of Marriage, Osceola County Clerk of Court
- Divorce, Lake County Clerk of Courts
- How to Choose a Divorce Lawyer in Florida, divorce.law
- About Us, FloridaLawHelp.org
- Florida Courts Help, FIU College of Law Library
