What types of fees and costs are involved in divorce and family law cases?

Divorce and family law cases may involve attorney’s fees as well as additional costs such as court filing fees, mediation expenses, expert witnesses, and document preparation or discovery-related costs.

How are attorney’s fees typically charged in Florida family law cases?

Attorney’s fees in Florida family law cases are commonly charged on an hourly basis, though fee structures can vary depending on the complexity of the case and the services required.

Can the court order one spouse to pay the other’s attorney’s fees?

Yes. Florida courts may order one spouse to contribute to the other’s attorney’s fees and costs based on factors such as the parties’ relative financial resources and the circumstances of the case.

What factors do courts consider when awarding attorney’s fees?

Courts may consider each party’s financial need and ability to pay, the reasonableness of the fees, and whether either party unnecessarily increased litigation costs.

Are there ways to manage or reduce legal costs in family law matters?

Legal costs may be managed by narrowing disputed issues, using mediation or negotiation when appropriate, and maintaining organized financial records throughout the case.

Discovery Process in a Florida Divorce

The discovery process is one of the most critical aspects of a divorce case, but it can also be one of the most frustrating for clients. The discovery process is the phase of divorce litigation in which each side uses a variety of tools to obtain relevant evidence and disclosure from the opposing party. The discovery process can be burdensome for clients who may be asked to locate obscure documents, and it can result in long delays that make clients feel like their divorce is not moving forward. In a contested dissolution of marriage case, the discovery process is required. The documents obtained during the discovery process are relied on by the experts to provide their opinions on various issues that arise in a divorce. For example, bank and credit card statements may reveal a spouse’s spending habits during the marriage. A forensic accountant will review these statements to determine the lesser-earning spouse’s financial need following the divorce.

Mandatory Disclosure

Upon serving a petition for dissolution of marriage on the other spouse, Fla. Fam. L. R. P. 12.285 requires the parties to complete mandatory disclosure within 45 days. Fla. Fam. L. R. P. 12.285(e) provides the specific list of items that must be exchanged under Mandatory Disclosure. One of the most important components of Mandatory Disclosure is the completion and filing of the Florida Family Law Financial Affidavit. Organization is key in a divorce. Do not dump a bunch of disorganized paperwork on your lawyer’s desk and act surprised when his or her office has to spend hours organizing these documents and then bills you for it. If you or your spouse owns a business, then your attorney will advise you to retain the assistance of an accountant. You will follow your attorney’s advice in retaining a forensic accountant. Although it is an additional expense, a forensic accountant in a dissolution of marriage proceeding can provide substantial assistance in reaching a settlement.

Request for Production

This form of discovery is a more thorough request for documents than Mandatory Disclosure. Typically, the Request for Production seeks documents dating back three years. Upon receiving the responses, your attorney will decide whether any missing records should be subpoenaed directly from the third party or pursue more aggressive measures against the spouse who is refusing to produce the records that are being requested. Both parties having accountants can help facilitate this process to avoid costly motions to compel discovery responses. Upon being served with a Request for Production, the party must file a response and serve responsive documents within 30 days, unless an extension is timely filed.

Interrogatories

This type of discovery involves serving the other party with questions. To avoid some of the chaos that may arise in a divorce, Florida has established the Standard Family Law Interrogatories for Original or Enforcement Proceedings, Form 12.930(b). The interrogatories are thorough and focus on the relevant issues of a divorce. Fla. Fam. L. R. P. 12.340(b) provides a cap of 10 interrogatories, including subparts, in addition to Fla. Fam. L. R. P. Form 12.930(b) or Form 12.930(c). The responses to the interrogatories are required to be verified under penalty of perjury.

Request for Admissions

Depending on the main issues that can arise in your divorce case in Florida, a Request for Admissions can serve a very important purpose. Again, a “Perry Mason” moment in a real legal proceeding is generally viewed as fiction. Many years ago, before starting his own practice, Mr. Cunha had completed over 100 criminal jury trials, ranging from charges of misdemeanors to homicides. There was never a “Perry Mason” moment where a defendant was foolish enough to take the stand to ultimately admit wrongdoing in front of a jury. The same applies in civil cases. The goal of the Request for Admissions is to have the other side admit certain facts.

Depositions

When your spouse or his or her expert is deposed, they must provide live, sworn testimony in the form of answers to questions asked by your attorney. A deposition of your spouse and his or her expert typically is conducted in one of the attorneys’ offices where the person being deposed is under oath, and a court reporter memorializes the testimony. As mentioned above in the Request for Admissions, the purpose of depositions is to get the other side to commit to certain facts that may be used to weaken their position on certain issues when combined with other facts. You do not need a “Perry Mason” moment to establish a point on an issue. The attorney must combine evidence from various sources to build a more compelling argument. There are cases where the facts simply are not in a party’s favor. For example, a husband who has separated from his spouse for over 23 years and doesn’t pay a single dime toward the upkeep of the marital home the entire time and then subsquently decides to file for divorce is likely not going to succeed in pursuading a trial court to award him 50% of the equity in the home that has appreciated over the 23 years when the other spouse is asking for an unequal distribution under section 61.075, Florida Statutes (2026).

Conclusion

Effective use of discovery enables both spouses to narrow the issues in the case and to develop an appropriate posture and strategy for negotiation and litigation. In the vast majority of cases, the goal should be to narrow the issues to negotiate a complete settlement of the divorce. If you have any questions, call our office to schedule an appointment.