Practice area

Family Law

Divorce, custody, paternity, spousal support, and property division, handled with steadiness and discretion.

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.

What we handle

Services in this practice area

  • Divorce (contested & uncontested)
  • Child custody & time-sharing
  • Child support
  • Spousal support (alimony)
  • Equitable distribution of property
  • Paternity
  • Step-parent & relative adoption
  • Post-judgment modification
  • Prenuptial & postnuptial agreements
  • Domestic violence injunctions

How it works

The process, step by step

  1. Confidential consultation

    We listen first. You describe the situation, we explain Florida's law on divorce, custody, support, and property, and we lay out the realistic paths forward.

  2. Strategy

    Most family matters can be resolved without trial. We help you choose between negotiation, collaborative divorce, mediation, and litigation based on what fits, not on what maximizes the bill.

  3. Filing & process

    We prepare the petition, respond to the other side, handle discovery, and appear at every hearing. You are not left to navigate the court on your own.

  4. Resolution

    Whether the case settles at mediation or goes to trial, we get the final order entered and make sure you understand what it requires going forward.

Common questions

What clients ask us first

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.

Let's talk.

Schedule a free 30-minute consultation, or call the office directly.