What to Expect in Florida Family Court: A Client’s Guide

When facing divorce, child custody disputes, child support, or other family law matters, the process can feel overwhelming and emotionally draining. At Stone & Capobianco, we believe that informed clients are empowered clients. If you are considering filing a case—or have been served with family court papers—it is important to understand how the process works and what to expect at each stage.

Below is a step-by-step explanation of Florida family court procedures, what happens when you hire us, and how we guide you through the legal system with compassion and skill.

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Step 1: Initial Consultation and Case Review

Your journey begins with an initial consultation. During this meeting, you will meet with one of our experienced family law attorneys to discuss your situation. We will review your goals—whether it’s protecting your parental rights, securing custody or visitation, obtaining fair child support, or navigating a divorce involving significant assets.

At this stage, we will:

• Listen to your concerns and priorities.

• Review any paperwork you’ve received or drafted.

• Explain relevant Florida family law statutes.

• Outline possible strategies for your case.

By the end of this consultation, you will have a clearer understanding of your rights, your options, and the roadmap ahead.

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Step 2: Filing the Petition

In most family law matters, the first formal step is filing a petition with the court. The petition outlines your requests—such as divorce, child custody (also called timesharing), child support, alimony, or property division.

For example:

• In a divorce, this is the Petition for Dissolution of Marriage.

• In a custody dispute, it may be a Petition to Establish Parental Responsibility and Timesharing.

• For support, it could be a Petition for Child Support or Modification of Support.

Once filed, the petition is served on the other party (your spouse, co-parent, or other relevant individual), officially starting the case.

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Step 3: Response and Temporary Orders

The other party has the right to file a response to your petition. Sometimes, they may also file a counter-petition requesting their own relief.

Because family law cases can take time to resolve, the court may issue temporary orders to stabilize the situation. These can cover:

• Temporary custody/timesharing schedules

• Child support or alimony

• Temporary exclusive use of the family home

• Protection from domestic violence, if necessary

Temporary orders provide structure while the case is pending, and our attorneys work hard to ensure your rights are protected during this critical stage.

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Step 4: Discovery and Information Exchange

One of the most important parts of family court procedure is the discovery process. Discovery ensures that both parties exchange financial and factual information necessary to fairly resolve the case.

Common discovery tools include:

• Financial Affidavits – a mandatory disclosure of income, expenses, assets, and debts.

• Document Requests – bank statements, tax returns, pay stubs, real estate documents, etc.

• Interrogatories – written questions answered under oath.

• Depositions – sworn testimony taken outside of court.

This stage can feel intrusive, but it is essential for building a complete picture of your financial and family circumstances. Our attorneys carefully guide you through this process, ensuring compliance while protecting you from overreaching demands.

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Step 5: Mediation and Settlement Discussions

In Florida, most family law cases are required to go through mediation before trial. Mediation is a structured negotiation process facilitated by a neutral third party.

Benefits of mediation include:

• Control – you and the other party make decisions, not the judge.

• Confidentiality – discussions are private and cannot be used in court.

• Flexibility – creative solutions can be tailored to your family’s needs.

• Cost-effectiveness – resolving at mediation can save significant time and money.

Our attorneys will prepare you for mediation, advise you during negotiations, and work to achieve a settlement that aligns with your goals. If an agreement is reached, it is submitted to the court for approval.

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Step 6: Preparing for Trial

If settlement is not possible, your case will proceed to a trial before a family court judge. At trial, both sides present evidence and testimony, and the judge makes decisions on contested issues such as custody, child support, alimony, and division of assets.

Trial preparation includes:

• Developing a trial strategy.

• Subpoenaing witnesses and evidence.

• Preparing exhibits such as financial records, expert reports, and photographs.

• Preparing you to testify with confidence and clarity.

At trial, our attorneys advocate fiercely for your rights and present your case with professionalism and skill.

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Step 7: Final Judgment and Enforcement

At the conclusion of the case, the court will issue a Final Judgment that sets forth the legal resolution. This judgment is legally binding and enforceable.

Common outcomes include:

• Parenting plans with defined custody/timesharing schedules.

• Child support and/or alimony orders.

• Equitable distribution of property and debts.

• Restraining orders, if necessary.

If the other party fails to comply, we can file motions for enforcement or contempt to ensure that the judgment is followed.

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Step 8: Post-Judgment Modifications

Life circumstances change, and family law orders are not always permanent. If you or the other party experiences a significant change in circumstances—such as job loss, relocation, or changes in a child’s needs—you may be able to request a modification of custody, support, or visitation.

Our firm continues to support clients even after their cases are resolved, helping them adapt to new realities while protecting their legal rights.

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What Makes Stone & Capobianco Different

Family court can be intimidating, but with the right legal team, you don’t have to go through it alone. At Stone & Capobianco, we provide:

• Personalized attention – every case is unique, and we take the time to understand your needs.

• Clear communication – we keep you informed at every stage of the process.

• Strong advocacy – whether in negotiation or trial, we fight tirelessly for your rights.

• Compassionate guidance – family law is emotional, and we support you with empathy and professionalism.

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Final Thoughts

Navigating family court in Florida involves multiple steps—from filing a petition to mediation to trial and final judgment. While the process can seem complex, having experienced attorneys by your side makes all the difference.

At Stone & Capobianco, we are dedicated to guiding our clients through each phase of the case with clarity, strategy, and compassion. Whether you are facing divorce, child custody, support, or relocation issues, our team is here to stand by your side and protect your family’s future.

📞 Contact us today at (772) 781-4357 to schedule a confidential consultation and take the first step toward resolving your family law matter.