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Cabanas Law Firm Family Law Palm Beach Gardens

Protecting Your Rights Without Breaking Your Family Apart.

You are carrying the weight of something that touches every part of your life, and the uncertainty about what comes next is its own kind of pressure. When a legal plan accounts for that full picture, from housing to children to finances, the decisions ahead can become less about surviving the process and more about shaping what life looks like on the other side.

Cabanas Law Firm Google Reviews rating: 4.8 out of 5 stars
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Cabanas Law Firm: Family Law Attorney Palm Beach Gardens & Palm Beach County

Family Law Is Never Just One Thing

A divorce brings custody into play. Custody changes child support. Support affects property division. These cases expand fast, and the pieces do not move independently. Cabanas Law Firm covers family law cases involving divorce, custody, support, alimony, property division, and protective orders with multilingual attorneys serving Palm Beach Gardens.

  • Dissolution of marriage and divorce proceedings
  • Timesharing / child custody and parenting plans
  • Child support establishment, enforcement, and modification
  • Alimony and spousal support
  • High-net-worth divorce and property division
  • Domestic violence injunctions and protective orders

"Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals which helped me to feel confident and protected when making decisions."

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What Our Clients Think of Cabanas Law Firm

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More Than Just a Palm Beach Gardens Family Law Firm

When family law cases unfold in Palm Beach Gardens, time-sharing decisions often reshape support calculations, property division can trigger modification proceedings, and what starts as one issue typically expands into several interconnected matters. Our Palm Beach Gardens family law attorneys address these overlapping areas, working to ensure nothing falls through the gaps.

Your family's future shouldn't wait for We're changing how Florida does family law.

What Sets Us Apart

Your Case Won't Wait. Neither Will We.

When searching for a family law firm in Palm Beach Gardens, what matters most is not just what they know, but how they handle the constant decisions and questions that come with your case. We built our practice to help take that weight off you, not add to it. Here is how we do things differently for your case.

Multilingual Support

We speak your language, including Spanish, Russian, and Arabic.

Near You With Local Court Knowledge

10+ offices across Florida with teams who know how your county court operates

Focused on Divorce Law

This is all we do. Every resource, every team member, every case.

100+ Combined Years of Experience

We have handled the full range of Florida divorce matters.

Your Goals, Our Guiding Principle

If you are facing a family law matter in Palm Beach Gardens, the range of issues involved can shift quickly as circumstances change. Cabanas Law Firm handles the full scope of family law, from divorce and timesharing to support, property division, and domestic matters, so that you do not need to look elsewhere as your case develops. Our Palm Beach Gardens family law attorneys follow a structured process that begins with understanding your specific situation before anything else. Because no two cases unfold the same way, we work to reach outcomes that reflect what actually matters in yours.

FAQ

Frequently Asked Questions

Dealing with more than one issue at once and not sure where to start? These answers cover the questions that come up when divorce, custody, support, and property all overlap.

What is the difference between a divorce and a legal separation in Florida?

What is the difference between a divorce and a legal separation in Florida?

Florida does not recognize legal separation as a formal legal status. You are either married or divorced. There is no middle ground where a court supervises a separation while the marriage remains intact. However, the filing of a divorce does carry immediate legal significance: it generally delineates the point at which assets are valued and liabilities defined, it sets the end of accrual of marriage length for alimony purposes, and all income earned after the filing is deemed nonmarital.

This surprises people who move to Florida from states that do offer legal separation. In those states, a legal separation creates court-enforceable terms for support, custody, and property without dissolving the marriage. Florida has no equivalent statute.

What Florida does offer is a claim for "support without divorce," which allows a spouse to seek financial support from the other without filing for dissolution. Separately, spouses can enter into a postnuptial agreement, but a postnuptial agreement is a different instrument — its legal consideration is the intent to save the marriage, not to formalize a separation. If you are not ready to file for divorce but need financial protection, an attorney can help you evaluate which path fits your situation.

How do I file for divorce in Florida?

One spouse files a petition for dissolution of marriage in the circuit court of the county where the parties last resided together with the intent to remain in an intact union. Florida requires that at least one spouse has been a resident of the state for at least six months before filing. After the petition is filed, it must be served on the other spouse, who then has 20 days to file a response.

The petition itself outlines what the filing spouse is requesting: property division, alimony, timesharing, child support, and any other relief. If the responding spouse does not file a response within the 20-day window, the case can proceed as a default.

Filing first has procedural advantages. The petitioner sets the timeline, chooses the venue if there is a question about where to file, and has more time to prepare their financial position before the other spouse is notified. But filing first does not give a legal advantage on the merits. The court evaluates both parties equally regardless of who filed. The real advantage is preparation, not sequence.

What is a marital settlement agreement?

A marital settlement agreement is a written contract between both spouses that resolves all disputed issues in the divorce: property division, debt allocation, alimony, and if children are involved, timesharing and child support. Once both parties sign it, the MSA is immediately enforceable in circuit court as a contract. When the court ratifies it as part of the final judgment, it also becomes enforceable through the powers of the family court.

The marital settlement agreement is the most important document in a divorce that settles without trial. It replaces what a judge would otherwise decide. Every term in the agreement is binding, and changing those terms after the final judgment requires a modification proceeding with a higher legal standard.

The agreement needs to be comprehensive. Gaps or ambiguities in the document create disputes later. Common oversights include failing to address retirement account division, not specifying who claims the children as tax dependents, leaving debt allocation vague, or writing a parenting plan that does not cover holidays, school breaks, or travel. An attorney's role in an uncontested divorce is largely about making sure this document is complete and protects your interests.

What should I expect after the divorce petition is filed?

Once the petition is filed and served, the other spouse has 20 days to file a response. From there, the case moves through several stages: financial disclosures, negotiation or mediation, and if necessary, hearings or trial. In some Florida circuits, a status quo order goes into effect automatically, requiring both parties to maintain the same financial obligations they had before the filing while the case is pending.

The timeline depends on how much the parties agree on. An uncontested case where both sides cooperate on financial disclosures and terms can be resolved in weeks. A contested case involving disputes over timesharing, support, or property division can take a year or longer. Most cases fall somewhere in between.

Mediation is now statutorily required statewide before a case can go to trial. The majority of family law cases settle at or before mediation. If settlement is not possible, the case proceeds to a final hearing where the judge decides the remaining disputes.

The period between filing and resolution is where most of the important decisions are made: what financial information to disclose, what to request in temporary relief, how to approach negotiation, and when to push back versus compromise. These are the decisions that shape the outcome, and they are the reason an early case evaluation matters. An attorney who understands your financial picture and priorities can help you navigate each stage as it comes.

What is a parenting plan and why does it matter?

A parenting plan is a document that governs how both parents share time and responsibility for their children after the divorce. It covers the timesharing schedule, holiday and vacation rotations, decision-making authority for education, medical and dental care, and general welfare, and communication rules between the parents. Florida requires a parenting plan in every divorce or paternity case involving minor children.

The parenting plan is enforceable by the court. If one parent violates the terms, the other can file a motion for contempt. Because of that, the plan needs to be specific enough to prevent disputes but flexible enough to accommodate real life.

Common provisions include who picks up and drops off the children, how schedule changes are handled, whether the children can travel out of state or out of the country, who holds the passports, and how disagreements about the children's activities or medical care are resolved. Some plans include a mediation clause that requires the parents to attempt mediation before filing a motion with the court. The more detailed the plan, the fewer reasons either parent has to go back to court. An attorney helps you anticipate the issues that will come up and address them in the document before they become disputes.

Can I change my name as part of the divorce?

A spouse who changed their name as a result of the marriage can request to revert to their maiden name as part of the divorce proceedings. The request is included in the petition or the response, and the court restores the former name in the final judgment. There is no separate filing or additional fee required. The name change takes effect when the final judgment is entered. No other name change is permitted through this process — only a reversion to the maiden name.

If you did not request a name change during the divorce and want to revert to your maiden name later, you would need to file a separate name change petition, which involves additional paperwork and court fees. Including it in the divorce is simpler and less expensive.

The name change applies only to the spouse who changed their name upon marriage. It does not affect the children's names. Changing a child's name requires the consent of both parents or a separate court order, and the standard for changing a minor's name is higher than for an adult reverting to their own maiden name.

When should I talk to a family law attorney?

As early as possible. The decisions you make before filing for divorce, including where you live, how you handle finances, and what information you gather, can significantly affect the outcome. An attorney can help you understand your rights, identify your priorities, and avoid common early mistakes before the case even begins.

Many people wait until after the petition is served to consult an attorney, and by then, some damage is already done. Moving out of the house, draining a joint account, posting about the situation on social media, or agreeing to informal arrangements with the other spouse can all create consequences that are difficult to undo once the case is formally underway.

A case evaluation does not commit you to filing. It gives you a clear picture of your legal position, what the process looks like, and what you should be doing now to protect yourself. Whether you are considering divorce, have been served with a petition, or are dealing with a paternity, custody, or domestic violence issue, the earlier you understand the legal landscape, the stronger your position will be.

Palm Beach Gardens

3801 PGA Blvd, Suite 638, Palm Beach Gardens, FL 33410

Schedule a Case Evaluation With Our Family Law Firm in Palm Beach Gardens

Family law matters can influence your living arrangements and financial future. When you are ready to address these concerns, a confidential Case Evaluation is a good place to start.

This conversation helps us identify the specific type of case you have and confirm that it falls within our service area. We also check for conflicts of interest so we can assess whether our firm can handle your particular needs.

Connect with our family law team in Palm Beach Gardens today to set up your call.

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