Divorce Lawyer in Sarasota Florida
Award Winning Divorce Lawyer, Leslie Loftus is Recognized by her Peers and Judges as One of the Best Lawyers in Sarasota, FL.
Also Known in Florida as "Dissolution of Marriage"
Florida is a no-fault divorce state. So long as one spouse files the necessary petition, the other cannot effectively stop the divorce. But do not be misled by how simple "no-fault" sounds — divorce law is complicated, and the process itself is almost always emotionally charged and confusing.
In your divorce, every issue of property, support, and time with your children has to be decided. Those decisions can be reached amicably between the two of you, in mediation, through a collaborative process, or at trial. Clients who resolve their own cases are usually happier with the result and more likely to abide by it.
Leslie Loftus has spent over 20 years practicing Florida family law exclusively, preceded by 20 years in commercial litigation. She works with a deliberately limited number of clients across Sarasota and Manatee counties, which means the attorney you meet is the attorney who handles your case.
What Has to Be Decided
Every divorce resolves the same core questions. What varies is how complicated each one turns out to be.
- Property and debts — identifying what is marital, what is not, and dividing it equitably
- Spousal support — whether alimony is appropriate, and if so what type, how much, and for how long
- Time with your children — a parenting plan setting out timesharing and custody and how decisions get made
- Child support — calculated under Florida's guidelines based on both parents' incomes and the timesharing schedule
- Retirement accounts and pensions — including the orders needed to divide them without penalty
- The marital home — whether it is sold, retained, or offset against other assets
- Anything already governed by an agreement — a valid prenuptial agreement may resolve much of this before it starts
There Is More Than One Way Through a Divorce
Most people picture a courtroom. In practice, that is the least common ending. Which path suits you depends on how much you and your spouse agree on, how complicated your finances are, and how much privacy matters to you.
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Uncontested divorce
When you already agree on everything, the process is faster, less expensive, and entirely private. It is the simplest route available.
Uncontested divorce → -
Collaborative divorce
Both spouses commit in writing to resolving everything out of court, supported by neutral professionals. Private, structured, and built to preserve a working relationship afterward.
Collaborative divorce → -
Child custody & timesharing
When children are involved, a parenting plan must be established — covering where they live, how time is divided, and how decisions get made. We help parents reach workable arrangements, and when agreement isn't possible, we advocate in court.
Child custody & timesharing → -
Child support
Florida calculates child support based on both parents' incomes and the timesharing schedule. We handle establishment, modification, and enforcement of support orders throughout Sarasota and Manatee County.
Child support → -
High-asset and complex divorce
Where a business, executive compensation, trust interests, or property across multiple entities is involved, valuation and discovery drive the case.
High-asset divorce → -
Negotiation and mediation
Most cases settle this way. Terms are worked out between the attorneys, or with a mediator, and submitted for the court's approval without a contested hearing.
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Contested litigation
Where the other side will not deal reasonably, a judge decides. We prepare every case as though it may be tried — which is often exactly what makes settlement possible.
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After the judgment
Circumstances change. Support and parenting arrangements can sometimes be modified, and orders can be enforced when they are not being followed.
Modification & enforcement →
Dividing What You Own
Florida applies equitable distribution — a fair division rather than an automatic equal split. The analysis generally begins from the position that an equal division is fair, then accounts for the circumstances of the particular marriage.
The harder question usually comes first: what is marital property and what is not. Assets owned before the marriage, inheritances, and gifts are generally non-marital — but that protection can be lost when those funds are mixed with marital money, and the burden of proving they stayed separate falls on the person claiming it.
Where a business, professional practice, or significant estate is involved, that analysis becomes considerably more involved. Our Sarasota high-asset divorce page covers how complex estates are valued and divided.
Related: asset protection and protecting inherited money.
Prenuptial and Postnuptial Agreements
Many clients who have been married once and are considering remarriage want to protect their assets the second time around, while limiting their exposure under the divorce laws. Ms. Loftus prepares and negotiates these agreements with the sensitivity the situation calls for — nobody wants to feel they are putting the divorce before the marriage.
Learn more about prenuptial agreements in Sarasota and how an agreement made in advance removes most of what would otherwise be fought over later.
Protect Your Family — Hire a Trusted Family Law Attorney
You may want a family law attorney so that you can feel confident you received everything you were entitled to — or at least knowingly decided not to pursue every potential claim. Using a divorce attorney to help settle your marital rights and obligations helps you avoid unintentional waivers.
As your attorney, Ms. Loftus also makes sure that any marital agreement you reach is carefully worded, reducing the chance that it becomes subject to a later challenge.
Clients who settle their own cases are usually happier with the results — and considerably more likely to abide by the terms.
Ms. Loftus advocates for resolving family law matters outside the courtroom wherever possible, given how unpredictable litigation can be. Where settlement is not achievable, she is fully prepared to pursue your rights in court.
Why Clients Choose Loftus Law
You work with Leslie
Not an associate, not a rotating team. The attorney you meet is the attorney who handles your case.
Four decades in practice
Over 20 years devoted exclusively to Florida family law, preceded by 20 years in commercial litigation — directly relevant whenever a case turns on business valuation or contract interpretation.
Recognized by peers and judges
Martindale-Hubbell's highest "AV" rating, held since 1996, along with Best Lawyers in America, Super Lawyers, and SRQ Magazine Top Attorneys recognition.
A boutique caseload
We intentionally limit the number of active matters so that every case gets real attention rather than whatever is left over.
Settlement first, courtroom ready
Resolving matters out of court protects your privacy and your budget. Being genuinely prepared to litigate is what makes a fair settlement achievable.
Local, deliberately
Leslie confines her practice to Sarasota and Manatee counties — real familiarity with the judges, the opposing counsel, and the professionals who work here.
Frequently Asked Questions
Do I need a reason to get divorced in Florida?
No. Florida is a no-fault state. So long as one spouse files the necessary petition and states that the marriage is irretrievably broken, the other spouse cannot effectively prevent the divorce. Fault is generally not part of the analysis.
How does a divorce actually begin?
One spouse files a petition for dissolution of marriage and the other is formally served, then has a set period to respond. From there the case moves into financial disclosure, where both spouses exchange information about income, assets, and debts. Most of the real work happens in that disclosure stage, well before anyone discusses a courtroom.
What happens to the marital home?
There are generally three options: it is sold and the proceeds divided, one spouse keeps it and offsets the other's share against different assets, or the sale is deferred for a period, often so children can finish school. Which makes sense depends on the equity, whether one spouse can refinance alone, and what else is in the marital estate.
How is property divided?
Florida uses equitable distribution, which means a fair division rather than an automatic equal split. The analysis generally begins from the position that an equal division is fair, then accounts for the particular circumstances. The first task is usually determining what is marital property and what is not.
Will I have to pay alimony?
It depends on the length of the marriage, the financial circumstances of both spouses, and several other factors. Florida largely abolished permanent alimony in 2023, and the remaining forms each carry their own limits. Whether support is appropriate in your situation is one of the first things we assess.
How is child support calculated?
Florida applies statutory guidelines based primarily on both parents' incomes and the timesharing schedule. Where combined income is unusually high, the guidelines schedule stops and the court has more discretion. Learn more on our child support page.
What is timesharing?
Timesharing is what Florida law calls what many people still refer to as custody. Rather than one parent having custody, the court approves a parenting plan setting out where the children live, how time is divided, and how decisions get made. See our child custody and timesharing page for a full explanation.
Do we have to go to court?
Most divorces resolve without a trial. Many are settled through negotiation, mediation, or a collaborative process, and the agreement is then submitted for the court's approval. Preparing a case properly is often what makes a reasonable settlement possible.
Can we use the same attorney?
No. An attorney can represent only one spouse. Even where a couple agrees on everything, each person needs their own counsel, or one spouse proceeds without representation.
Do I have to move out of the house?
Not automatically. Both spouses generally have the right to remain in the marital home while the case is pending, and moving out does not by itself forfeit your interest in the property. That said, it can affect practical matters such as timesharing arrangements, so it is worth discussing before you decide.
What if my spouse does not want a divorce?
A spouse cannot prevent a divorce in Florida. They can make the process slower and more expensive by contesting the terms, but they cannot keep the marriage in place.
Can the terms be changed later?
Some can. Support obligations and parenting arrangements may be modified when circumstances change substantially. Property division is generally final once the judgment is entered. See our modification and enforcement page for more.
Explore Further
Start With a Confidential Conversation
Whatever stage you are at — considering it, served with papers, or already negotiating — the most useful thing you can do is understand where you stand before decisions get made under pressure.
Attorney Leslie Loftus works personally with a limited number of clients throughout Sarasota and Manatee counties.
941-444-7278 · leslie@loftuslaw.net
Serving Sarasota, Bradenton, Lakewood Ranch, Venice, Osprey, Nokomis, and Manatee County.
The information provided on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page or contacting Loftus Law. Every situation is unique — please consult with a qualified Florida family law attorney about your specific circumstances.
Leslie Loftus Earns Top Awards as a Family Law Attorney in Sarasota
Ms. Loftus advocates for resolving family law matters in Sarasota outside of the courtroom due to the unpredictable nature of the legal system. Doing so benefits her clients and ensures a smoother process.
Testimonials
I hired Leslie to help me with my Divorce proceedings. She was very professional and advised me properly in every way. She helped me get through the process quickly and proficiently...
Lourdes
Florida
Leslie was recommended by an acquaintance in the legal profession. I wanted a competent, trustworthy lawyer who knew the ropes, but not one that would needlessly "stir the pot"...
Peter
Florida
Ms. Loftus was referred to me by two completely unrelated acquaintances as the best family law attorney in the area. After working with Ms. Loftus, I would absolutely agree...
Jennifer
Florida