Divorce Lawyer in Delray Beach

Divorce Guidance for Delray Beach Families

Every divorce case brings a different set of circumstances and different legal issues. The team of lawyers we have assembled at Beaulieu-Fawcett | Newell Law Group, P.A. has extensive experience in guiding our clients through this difficult process and handling whatever challenges may arise, be it custody or financial matters.

We understand how challenging it can be to approach these concerns, but we can help you throughout the process. 

When you work with a Delray Beach Divorce Attorney from our team, we take the time to understand your goals, explain your options in clear terms, and prepare you for what to expect at each stage of the process in the local family courts, including the Palm Beach County Courthouse in Delray Beach.

Is Florida a No-Fault Divorce State?

Florida is a no-fault divorce state. Under Florida Statute §61.052, the only basis needed for a spouse to obtain a dissolution of marriage is that the marriage is “irretrievably broken.”

This can be very difficult for some Christians to accept because, even if you do not want a divorce, do not believe in divorce, and refuse to get divorced, the Court may grant a divorce when the legal requirements are met. Those facing this process may wish to seek Christian counsel.

Schedule your free case assessment by calling us at (561) 600-5711 today or contact us online! Proudly serving West Palm Beach & the surrounding areas.

Divorce-Related Cases We Handle

Our team offers assistance in a variety of areas relating to divorce, including:

• Alimony
• Celebrity divorce
• Child custody
• Collaborative divorce
• Divorce involving a business
• Faith-based divorce
• Mediation
• Parenting plans
• Property division
• Relocation
• Postnuptial Agreement

We empathize with the intense emotions our clients often experience, yet we are committed to practicing reasonable and sensible law and providing objective advice about available options.

If that requires litigation, our attorneys are highly skilled in the courtroom. And when a divorce is settled without a trial, our lawyers’ drafting of settlement documents is clear, comprehensive, and straightforward to help reduce unnecessary disputes later on.

When you retain a Delray Beach Divorce Lawyer from our firm, we help you evaluate which process is most appropriate for your situation, whether that means collaborative divorce, mediation, or preparing for a contested hearing in the Palm Beach County family division as appropriate to address your rights and your children’s best interests.

Do I Need to Hire a Lawyer to Get Divorced?

No law requires you to retain legal representation upon filing for divorce. However, the benefits of doing so may outweigh the additional costs. It is a common misconception that hiring an attorney will cause a divorce case to drag on and add up in fees.

Our attorney can help you navigate your divorce case with attention to avoiding unnecessary delay. We are transparent with every aspect of your case and strive to avoid unnecessary work.

Additional reasons to hire a lawyer for your divorce include:

• Less headache over the excess amount of court documents/paperwork
• Having an advocate on your side who can help you pursue issues that are worth your time and money
• If your spouse hires legal counsel, you should as well
• If your spouse is hiding assets, our attorney has experience in uncovering these

Working with a divorce attorney in Delray Beach residents trust also means you have someone who can help you understand how local judges tend to view issues like parenting plans, relocation, and support, which can help you set realistic expectations and craft a strategy that fits your family’s needs.

What Are the Residency Requirements for Divorce in Florida?

To qualify for divorce in Florida, at least one of the parties must have resided within state lines for at least six months. Also, you do not need to live separately to qualify. Many people choose to live together throughout the proceedings for financial or child-related reasons.

For families who live in and around Delray Beach, we can help you determine whether you meet the residency requirement and which Palm Beach County courthouse is the appropriate place to file.

How to File for Divorce in Florida

The person seeking the divorce (the “petitioner”) generally begins the case by filing the appropriate documents with the Clerk of Court and paying a filing fee.

The main document filed is the Petition for Dissolution, which, depending on the unique circumstances of your case, contains varying information about:

• Current living arrangements
• Children of the marriage
• Whether there are assets and debts to be addressed

The Petition for Dissolution also contains a request for relief, which describes what you want from the Court. The Petition for Dissolution and supporting documents generally must be served upon your spouse, which can be accomplished in many ways; most commonly, a Sheriff or process server carries out this task.

Generally, a petition for dissolution of marriage should be filed in the last county in which the parties resided as husband and wife. However, various scenarios allow the petition to be filed in other counties, such as the county where the petitioner or respondent currently resides.

We can also walk you through the local procedures in Palm Beach County, including how hearings are typically scheduled, what to expect at a case management conference, and how the family division in West Palm Beach or Delray Beach may handle temporary issues like support or time-sharing while your case is pending.

Contested & Uncontested Divorce in Florida

An uncontested divorce generally means both spouses have reached agreement on the issues that must be resolved before final judgment. Those issues can include parenting plans, support, property, debt, and equitable distribution. We help clients evaluate mediation and collaborative divorce when an agreement-based path fits their circumstances and goals.

A contested divorce involves material issues the spouses cannot resolve. Depending on the case, the process can involve financial discovery, temporary orders, mediation, hearings, or trial. A case can begin cooperatively and later require courtroom representation if an agreement cannot be reached or circumstances change.

Our approach adapts to the needs of each family. We pursue amicable resolution when possible and prepare to litigate when it is necessary.

Choosing the Right Divorce Lawyer in Delray Beach

Selecting the right attorney is one of the most important decisions you will make during your divorce. You are trusting someone with your future, your finances, and your children’s well-being, so you need to feel confident in both their legal ability and their approach. When you meet with our team, we allow time for you to ask questions about our experience in Palm Beach County family courts, the likely path of your case, and how we communicate throughout the process. This helps you decide whether we are the right fit before you move forward.

As you evaluate a Delray Beach Divorce Lawyer, consider how much of their practice is devoted to family law, whether they have handled cases similar to yours, and if they are familiar with local judges and procedures at the South County Courthouse serving Delray Beach. You should also pay attention to how clearly they explain the law, how they address your concerns, and whether they offer realistic guidance instead of quick promises. An attorney who listens carefully and offers thoughtful, practical advice can help guide you through both negotiation and, if needed, litigation.

Key questions you may want to ask during a consultation include:

• How often do you appear in Palm Beach County family courts on divorce matters?
• What is your approach to resolving disputes over parenting plans, support, and property?
• How will you keep me informed about developments in my case and important deadlines?
• What factors could make my case more complex or time-consuming?

Our goal is for you to leave the consultation with a clear understanding of your options and what working with our Delray Beach Divorce Attorney team can look like, so you can make an informed and confident decision about your next steps.

Costs Associated with Divorce

As is the case with any profession, cost varies from law firm to law firm. Florida rules generally prohibit contingency fees in divorce cases, so lawyers may charge by the hour, a flat fee for limited matters, or another arrangement permitted by applicable rules and the fee agreement. Flat-fee arrangements may be available when a case is truly uncontested and all terms have been agreed upon.

In a flat-fee case, the cost depends on the lawyer and the complexity of the issues, including transfers of real estate, retirement funds, and similar matters.

For a contested case, most lawyers require a retainer, which is an up-front payment that may serve either or both of two purposes:

• To ensure the lawyer is available and cannot accept employment by the opposing party
• To serve as an advance payment for services to be rendered

Most lawyers then bill against that retainer and ask that it be replenished when it runs low or is depleted. Retainers and hourly rates vary depending on the complexity of the case and the law firm’s usual practice. Current fees and billing practices are set out in the applicable fee agreement.

When you meet with a Delray Beach Divorce Attorney from our firm, we discuss fees and retainers openly at the outset, explain how work is tracked, and help you consider cost-saving options such as mediation or narrowing disputed issues so you can make informed financial decisions about your case.

How to Qualify for Simplified Dissolution of Marriage

Eligible couples may ask the court for a simplified dissolution of marriage.

To qualify for this, here are some requirements needed:

• The marriage must have no minor or dependent children
• At the time of filing, neither spouse may be pregnant
• Neither spouse may seek alimony
• Each spouse is required to attend the divorce hearing
• Both spouses must agree on the division of all assets and debts

Even when you qualify for a simplified dissolution, it can still be helpful to consult with a Delray Beach Divorce Lawyer before signing a settlement agreement, so you understand how your choices about property, debt, and future support may be viewed by the court in Palm Beach County.

Mistakes to Avoid in a High-Asset Divorce

Couples with substantially more assets, business interests, and property will encounter unique challenges during the divorce process. To help avoid making this already difficult process more complicated, there are some common mistakes you should be aware of.

Mistakes made during the divorce process can have serious ripple effects. If you have a great number of assets, you know that too much is on the line to make a single misstep.

Avoid these common missteps during your high-asset divorce:

• Hiding some of your assets: You may be required to disclose financial information during divorce proceedings. If you fail to disclose assets, it may have consequences in your divorce and could also subject you to criminal consequences.
• Not looking for hidden assets: It is not uncommon for one spouse to handle the finances in a marriage. If that was the case for you, your spouse may know more about the marital assets than you do and might hide some of the assets. To help identify marital assets, consider obtaining copies of investment information, tax returns, business records, bank statements, credit card statements, and any other pertinent financial documents available to you as early as possible.
• Settling too quickly: Being cooperative and willing to compromise may help reduce the heartache and drama of the divorce process. However, you should not be in a hurry to settle. Rushing into a divorce settlement can be particularly damaging for a high-asset couple. The more assets you have, the more time may be needed to identify and value those assets and develop a complete financial picture. Consider the potential effects of ending your marriage quickly on your financial future.
• Overlooking the tax consequences: Dividing your shared assets and properties can be complicated, especially when you consider the tax implications that come with the assets of higher value. To understand potential tax consequences, work closely with your divorce attorney, who can help you understand the ramifications of every decision you make.

Schedule a Free Consultation

Considering moving forward with a divorce in Florida? Please contact our team at (561) 600-5711 to schedule a free initial consultation.