Protecting Your Rights Without Breaking Your Family Apart
Legal issues involving your family can be overwhelming and financially stressful. At our Florida family law firm, these matters have a profound impact on your life, and we are here to help. Our experienced Florida family lawyers provide compassionate and knowledgeable legal support for divorce, child time-sharing, alimony, and other family law-related challenges.
Years of Attorney Experience
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Locations in Florida
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Compassionate and Knowledgeable Legal Support
Whether you are facing a dissolution of marriage, child time-sharing disputes, or support modifications, having good family law lawyers by your side can make all the difference. Cabanas Law Firm is committed to providing compassionate, results-driven representation to help you resolve disputes efficiently and fairly.
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"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."
What Our Clients Think of Cabanas Law Firm
Would recommend this firm to friends. I engaged them to handle making an adjustment to my divorce settlement agreement. As it was likely to cost less than the retainer in this case, they kindly agreed to refund any remaining money. They handled everything perfectly and professionally, and I’ve just received a check with the remaining funds. Thank you Cabanas
I would highly recommend attorney Sergio Cabanas to anyone going through a divorce. In fact, I’ve already referred some of my friends. His knowledge of family law was evident from the get-go and it helped me to feel confident and protected when making decisions. His communication skills are outstanding. Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals.
Mauricio Cubas
My experience with Cabanas Law Firm was outstanding, thanks to Erick Estrada, the case manager, and Attorney Sergio Cabanas. Erick was incredibly supportive, keeping me informed and making sure every step of the process was smooth and stress-free. His professionalism and dedication truly set him apart. Attorney Sergio Cabanas provided expert legal guidance, ensuring the best possible outcome for my case. I highly recommend their team for anyone seeking reliable and compassionate legal assistance.
Cabanas Law Firm is amazing! The whole team is super professional and really cares about their clients. A big shoutout to Nichol, the paralegal, for being so helpful and responsive. She went above and beyond to answer my questions and provide guidance. If you need a great law firm, this is the one to go with.
Practice Areas
Family law cases usually touch multiple areas at once, with time-sharing decisions affecting support calculations and property settlements influencing long-term financial arrangements. Our Florida family law attorneys work across all these connected issues to help ensure nothing falls through the gaps.
Divorce
Divorce
High NetWorth Divorce
High Net Worth Divorce
Divorce Mediation
Divorce Mediation
Alimony
Alimony
Family Law
Family Law
Your family's future shouldn't wait for We're changing how Florida does family law.
Child Custody/ Timesharing
Child Custody/ Timesharing
ChildSupport
ChildSupport
Asset & Debt Division
Asset & Debt Division
Simplified & Uncontested Divorce
Simplified & Uncontested Divorce
DomesticViolence
DomesticViolence
Your Case Won't Wait. Neither Will We.
The family law process brings enough decisions and uncertainty without your firm making it harder. We built our practice to help ease the burden on you. Here is how we do things differently for family law cases in Florida.
We speak your language, including Spanish, Russian, and Arabic.
This is all we do. Every resource, every team member, every case.
We have handled the full range of Florida divorce matters.
If you are facing a family law matter in Florida, the decisions ahead can affect your finances, your children, and your daily life in ways that compound over time. Our Florida family law attorneys at Cabanas Law Firm handle the full range of cases, from divorce and timesharing to support, property division, and protective orders, so that every aspect of your situation is addressed in one place. We follow a structured process that begins with understanding your circumstances before anything else moves forward. What you need from this process shapes the approach we take to work toward an outcome that holds.
Step 1
In‑Depth Discovery
There is a lot that goes into a divorce case, and the details matter more than most people expect. We learn everything we can about your situation, your family, and the other side. That preparation is where outcomes are shaped.
Built Around Your Goals
The goals you set out to achieve are what drive every decision we make, from your case evaluation through the final resolution. Every strategy, filing, and negotiation is measured against what actually matters to your family.
Life on Your Terms
We work to resolve your case with as little disruption to your life and finances as possible, so at the end of it all, it is your life on your terms.
FAQ
Dealing with more than one issue at once and not sure where to start? These answers cover the questions that come up when divorce, time-sharing, support, and property all overlap.
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.
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.
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.
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.
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.
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.
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.
Dealing with divorce, time-sharing, or other family issues can be a challenging time. When you are ready to explore your legal options, a confidential Case Evaluation is a good way to begin.
This meeting allows us to understand your situation better, confirm your geographic location within our service areas across Florida, and check for any potential conflicts. This process helps us determine if we are the right fit for your needs.
Reach out to our Family Law Firm in Florida today to schedule your confidential Case Evaluation.
