Clearwater, Florida
Family Law Attorneys Serving Clearwater, Pinellas County
Divorce, custody, paternity, spousal support, and property division. Quiet, careful representation. Clearwater family law work, particularly uncontested divorce and custody matters, is the core of Gwen Walkowiak's practice and a frequent reason Clearwater residents retain our firm.
How we approach family law matters in Clearwater
Clearwater is a 35 minute drive from our Lutz office on a normal day, and the Pinellas County Courthouse in Clearwater is where nearly all of our Pinellas side civil and family matters are heard. That makes Clearwater an unusually natural geography for this firm. Even though our office sits in Pasco County, our footprint in the Clearwater courthouse is a weekly one. David Walkowiak's board certification in real estate law and Gwen Walkowiak's family law practice together cover the matters Clearwater clients most often need handled.
Pinellas County courts and local practice notes
Pinellas family law is handled at the Clearwater courthouse, where Gwen Walkowiak appears regularly on uncontested and collaborative matters.
Directions from Clearwater: From downtown Clearwater or the Clearwater Beach area, take SR-60 east to US-19 north, then SR-54 east into Lutz. Plan on 35 to 50 minutes depending on time of day. From Countryside or the north end of Clearwater near Safety Harbor, the drive is 30 to 40 minutes. Virtual and phone consultations are always available for Clearwater clients.
About our family law practice
Family law is the area where legal work and personal life overlap most completely. The people we represent are almost always going through the hardest conversation of their adult lives. Our job is to protect their interests without feeding the conflict, to be honest about what the law can and cannot do, and to get them to the other side of the case intact.
More than two decades of Florida family law
Family law at DHW Law is led by Gwen Walkowiak, who has practiced in this area since her admission to The Florida Bar in 2002. She is supported by David Walkowiak’s Supreme Court of Florida certification in Family Law Mediation when a matter is better resolved at the mediation table than in the courtroom. Between them, they bring the steadiness and personal attention that a small firm makes possible.
Divorce
Florida is a no-fault divorce state. You only need to show that the marriage is “irretrievably broken.” Beyond that, divorce cases involve:
- Equitable distribution of marital assets and debts
- Alimony (Florida recognizes several types: temporary, bridge-the-gap, rehabilitative, durational, and permanent, each with different rules)
- Time-sharing and parental responsibility for any minor children
- Child support calculated under Florida’s statutory formula
Most divorces resolve without a trial. When they can, the settlement is almost always better than what either side would have gotten from a judge, because the parties know their lives and the judge does not.
Custody and time-sharing
Florida’s best-interest standard controls every custody decision. The court considers parental capacity, the child’s needs, the stability of each home, the history of involvement, each parent’s willingness to foster the child’s relationship with the other, and many other factors. In most cases, we can build a parenting plan through mediation rather than trial. The plan the parties negotiate together is almost always one they are more willing to follow.
Other family matters
- Paternity. Establishing or disputing paternity, with corresponding custody and support.
- Step-parent and relative adoption. Adding a child to the family through adoption.
- Modification of existing support or time-sharing orders when circumstances change.
- Prenuptial and postnuptial agreements. Drafted to protect both parties and survive judicial scrutiny.
- Domestic violence injunctions. Pursuing or defending restraining orders.
Do not take chances on your legal representation in a family matter. The difference experienced counsel makes is measured in years of your life.
Common questions
Frequently asked about family law in Clearwater
Where will my Clearwater divorce be heard?
Clearwater divorces are filed in Pinellas County. Hearings are held at the Pinellas County Courthouse in Clearwater. We appear there regularly on uncontested and mediated matters.
How long does a Florida divorce take?
An uncontested divorce with no children or property disputes can be finalized in as little as 30–60 days after filing. A contested divorce with custody, support, and property issues typically takes 6–18 months, sometimes longer. The biggest variable is whether the parties can agree or need a judge to decide.
Is Florida a community property state?
No. Florida is an equitable distribution state, which means marital property is divided "fairly," not necessarily equally. The court considers contributions to the marriage, economic circumstances, duration, and other factors. Non-marital property (what each party brought to the marriage, gifts, and inheritances) is usually set aside.
How is child custody decided in Florida?
Florida does not use the word "custody" anymore. Parents share "parental responsibility" for decisions and "time-sharing" for the schedule. Courts start from a presumption that both parents should have frequent and continuing contact with the child unless that would be harmful, and decisions are made based on the best interests of the child.
Can child support or alimony be modified later?
Yes, but only when there is a substantial change in circumstances such as loss of job, significant income change, relocation, or change in the child's needs. We handle modifications as their own matter.
Do I need a lawyer for an uncontested divorce?
Legally, no. Practically, yes. The court will reject improperly drafted paperwork, and a seemingly simple property division can carry tax and retirement consequences that cost far more than the attorney fees to do it right.
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