Daytona Beach Divorce Lawyer 

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Ending a marriage can be quite complex and emotionally overwhelming. Additionally, being unfamiliar with the divorce process can leave you vulnerable to legal pitfalls, leading to an unfavorable settlement. It is imperative to retain legal counsel from a skilled divorce attorney in Daytona Beach, who can help you obtain the best results possible.

At Buckmaster & Ellzey, our family divorce lawyers in Daytona Beach are committed to resolving difficult matters and providing personalized and compassionate legal solutions for our clients. With more than four decades of collective legal experience, our Daytona Beach divorce attorneys can help you navigate the complexities of your case to obtain the most favorable settlement.

Our lawyers stay informed on the latest changes in family law and divorce regulations in Florida, ensuring that our clients benefit from up-to-date legal strategies. Whether negotiating settlements or advocating fiercely in court, our priority is to achieve resolutions that serve the best interests of the families involved.

If you are going through a divorce, get the compassionate legal representation you need by contacting us today! Give us a call at (888) 785-6548.

Requirements to Divorce in Florida

In Florida, divorce, legally termed "dissolution of marriage," can be sought based on various grounds. The state is considered a "no-fault" divorce jurisdiction, meaning that spouses can seek a divorce without necessarily having to prove fault or wrongdoing by either party. The primary ground for divorce in Florida is the assertion that the marriage is irretrievably broken.

Unlike fault-based divorces, no-fault divorces allow couples to focus on the essential issues of their divorce, such as property division, alimony, child custody, and support. It may, however, be necessary for the couple to undergo three months of counseling if either spouse denies that the marriage is irretrievably broken.

While no-fault grounds for divorce are the most common, fault-based grounds such as adultery, cruelty, abandonment, or long-term incarceration can still be cited in divorce cases. However, demonstrating fault may not substantially affect the outcome of the divorce proceedings.

You only need to satisfy two primary requirements to divorce:

• Residency: At least one spouse must have resided in Florida for at least six months prior to filing the petition.
• Irretrievable Breakdown: You must testify that the marriage is "irretrievably broken" and cannot be mended through counseling.

Contested & Uncontested Divorce in Florida

There are two main types of divorce: contested and uncontested divorce. Contested divorces happen when one or both spouses disagree on one or more terms of a divorce agreement, while uncontested divorces occur when both spouses agree on every single item on the divorce decree.

In contested divorces, having an experienced divorce attorney near you can be crucial. These cases often involve disputes over property division, child custody, and alimony. Our family divorce lawyers in Daytona Beach specialize in crafting solutions that can help both parties reach a satisfactory agreement without lengthy litigation. 

When couples disagree on one or several issues, they could resolve their differences through mediation prior to appearing for a final hearing to seek approval for their proposed settlement agreement. During mediation, couples have the opportunity to reach an agreement on their own terms and avoid the court process.

However, when couples cannot reach an agreement after going through the mediation process, they must go to trial. When a divorce goes to trial, the legal process is typically costly and long—possibly taking a year or so to finalize. In the end, the judge will decide on all contested issues.

On the other hand, when couples agree on every single divorce issue, they can seek a “simplified dissolution of marriage.” In addition, to agree on all terms of the divorce agreement, you and your spouse must not have any children under the age of 18, the wife cannot be pregnant, and neither spouse is seeking alimony. A simplified divorce can take as little as three months.

Steps to Take When Going Through a Divorce

Divorce can be an incredibly confusing time, especially because each divorce is different. Finances, children, and the overall relationship between two people differ from case to case, which is why it can feel overwhelming trying to find solid answers regarding your divorce.

If the end of your marriage is impending, or if you are currently in the midst of pursuing a divorce, you need to make sure you are prepared for any event. So many things can go wrong, even if you and your ex-spouse are remotely amicable.

The following are steps to take in the event of divorce:

• Consult a Daytona Beach divorce attorney – This is the most important step to take to protect yourself in every aspect. Whether you are concerned about assets, property, or your children, we at Buckmaster & Ellzey can help advise you on your best course of action. Going in blindly simply isn’t an option.
• Copy documents – Keep a copy of any and all important documents, because you never know when you will need to show proof on your end. Finances are one of the biggest points of contention in a divorce, which is why you need to keep a copy of all tax returns, bank statements, investment statements, retirement account statements, life insurance policies, mortgage documents, financial statements, credit card statements, wills, Social Security statements, and more.
• Maintain routine – If you have children, it is especially important you keep their routine as consistent as possible. This transition will be particularly difficult for them, and you and your ex-spouse still need to maintain somewhat of a comfortable balance in their lives. Their entire family structure is crumbling—make it as easy as possible.

In addition to these steps, it is essential to keep open communication with your attorney. Regular updates on any changes in your circumstances will help them provide timely advice. Furthermore, consider seeking support from a counselor or divorce support group to manage stress and emotions during this challenging time. Having a strong support network can make a significant difference in navigating the complexities of divorce.

Key Issues to Resolve in a Divorce

Equitable Distribution and Property Division

Florida follows the principle of Equitable Distribution. This does not necessarily mean a 50/50 split; rather, the court seeks a division that is "fair" based on the circumstances of the marriage.

• Marital vs. Non-Marital Property: We work to "set aside" assets you owned before the marriage or received via inheritance, ensuring they stay in your hands.
• Interspousal Gifts: New 2024–2025 laws have tightened the rules on property transfers between spouses. Simply adding a name to a deed is no longer sufficient to prove a gift; specific written documentation is now required.
• Business Valuation: If you own a business in Daytona Beach, we utilize forensic experts to distinguish between "enterprise goodwill" (a marital asset) and "personal goodwill" (your individual contribution), protecting your professional livelihood.

Alimony

The most dramatic shift in Florida law is the abolition of permanent periodic alimony. Spousal support is designed to be a transitional tool rather than a lifetime obligation. Under the reformed statutes, the court now prioritizes:

• Bridge-the-Gap Alimony: To assist with short-term needs during the transition to single life (capped at 2 years).
• Rehabilitative Alimony: To support a spouse while they acquire education or training for employment (capped at 5 years).
• Durational Alimony: Support for a set period based on the length of the marriage (now subject to strict formulaic caps).

As your Daytona Beach divorce lawyer, we provide the financial analysis needed to argue for—or defend against—alimony claims. We ensure the court considers the new minimum wage standards and the realistic earning capacity of both parties to arrive at a fair support amount.

Child Custody

For cases involving minor children, Florida has moved toward a rebuttable presumption that equal time-sharing (50/50 custody) is in the best interest of the child. This change aims to minimize conflict and ensure both parents remain active in their children's lives.

To deviate from a 50/50 split, the court must be presented with clear evidence that such an arrangement would be detrimental to the child. The "Best Interest of the Child" standard involves evaluating several factors:

• The capacity of each parent to foster a healthy relationship with the other.
• The child’s school and community record.
• Any history of domestic violence or substance abuse.
• The developmental needs of the child.

The Volusia County Divorce Timeline

Divorce in the Seventh Judicial Circuit (Volusia County) typically follows a structured path:

• Petition and Service: One spouse files the petition; the other has 20 days to respond.
• Mandatory Disclosure: Both parties must exchange comprehensive financial affidavits within 45 days. Complete transparency is vital; hiding assets can lead to severe court sanctions.
• Mediation: Volusia County courts require mediation for almost all contested divorces. This is an opportunity to reach an agreement on property and custody without a trial.
• Trial: If mediation fails, your case will go before a judge at the Daytona Beach or DeLand courthouse. This is where our +40 years of collective experience becomes your greatest asset.

Understanding Divorce-Related Tax Implications

An often overlooked aspect of divorce is the tax implications that can arise from dividing assets, alimony, and child support. Understanding how these components affect your tax situation is crucial in ensuring a fair settlement. Alimony, for example, was deductible for the payer and counted as income for the recipient for divorces finalized before December 31, 2018. 

However, under the new tax legislation, this is no longer the case for divorces finalized after this date, which can significantly impact financial planning. It is a good idea to consult with a financial advisor or tax professional to understand these changes and how they specifically apply to your situation.

Key tax-related issues to consider during divorce include:

• Tax treatment of support – Determine how child support and any agreed support arrangements will affect each party’s overall cash flow and tax planning, especially in light of recent federal law changes.
• Capital gains exposure – Evaluate potential capital gains if you plan to sell or transfer real estate, investment accounts, or other appreciated assets as part of your divorce settlement.
• Retirement account division – Understand how dividing 401(k)s, pensions, and IRAs may require special court orders and how withdrawals or rollovers could trigger taxes or penalties if not handled properly.

Common Pitfalls in Divorce Negotiations

Negotiating a divorce settlement can be a minefield if not approached with caution and a clear understanding of one’s priorities and rights. One common pitfall is allowing emotions to drive decisions, which can result in agreements that are not in your best long-term financial interests. It is essential to focus on the larger picture and future needs. 

Another significant pitfall is failing to thoroughly disclose or discover all financial assets and debts. A lack of transparency or oversight can lead to an uneven settlement where one party is disadvantaged. Properly documenting all marital properties, debts, and any hidden investments is crucial for an equitable distribution. 

Additionally, overlooking the value of specific assets, such as family businesses, can lead to regrettable oversights. Engaging a seasoned divorce lawyer in Daytona Beach can help maintain objectivity during negotiations, ensuring that your interests are protected and your decisions are made with clarity.

Some frequent negotiation mistakes to watch for include:

• Overlooking future expenses – Failing to account for future needs, such as children’s education costs or rising housing expenses, can make an agreement less workable over time.
• Undervaluing complex assets – Not fully assessing the worth of retirement accounts, business interests, or investment properties can lead to an unfair division of the marital estate.
• Agreeing under pressure – Rushing into a settlement just to “get it over with” may result in terms that do not reflect your rights or long-term goals.

Why Choose Buckmaster & Ellzey

Choosing a divorce attorney in Daytona Beach means choosing the person who will protect your financial future and your relationship with your children. Our firm is led by former prosecutors who understand the rules of evidence and the art of negotiation. We provide a "high-conflict" capability for contentious cases while remaining committed to efficient, amicable resolutions whenever possible.

We offer free consultations to help you understand how the 2026 laws apply to your specific family dynamic. Whether you are facing a high-net-worth dissolution or a sensitive custody dispute, we provide the sophisticated counsel and tenacious advocacy you deserve.

Going through divorce in Daytona Beach, Florida? Contact us at (888) 785-6548 to schedule a consultation for more information about Florida divorce today.