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Going through a divorce in Jacksonville? Call (904) 396-5557 for a free consultation with an experienced family law attorney.
Florida is a pure no-fault divorce state — the only legal ground for divorce is that the marriage is “irretrievably broken” (F.S. § 61.052). [1] Neither spouse needs to prove adultery, abandonment, or any fault. Yet many Jacksonville residents still waste time and money trying to build a “case” against their spouse.
What this means practically: lengthy depositions about infidelity or blame are largely irrelevant to whether the divorce will be granted. However, conduct does matter for certain ancillary issues. Adultery can influence alimony determinations, and domestic violence directly affects custody outcomes under the 20 best-interest factors (F.S. § 61.13).
The key distinction: fault won’t stop a divorce from happening, but it can affect how assets, support, and parenting time are divided.
Both spouses are required to file mandatory financial affidavits within 45 days of service under Rule 12.285 of the Florida Family Law Rules of Procedure. [1] Deliberately concealing assets — whether by underreporting income, hiding bank accounts, or transferring property to friends — is one of the most costly mistakes in a Jacksonville divorce.
Florida courts take financial fraud seriously. Under F.S. § 61.075, if a spouse intentionally dissipates, wastes, or conceals marital assets within two years of filing, the court can award a disproportionate share to the other spouse. Concealment can also result in contempt of court, sanctions, and perjury charges.
In my experience, hidden assets almost always surface during discovery — through tax returns, bank subpoenas, business valuations, or forensic accounting. The penalty for getting caught far outweighs whatever you hoped to keep.
Screenshots of social media posts are now routinely admitted as evidence in Duval County family court proceedings. [1] Photos of expensive vacations, new purchases, or a new relationship can directly contradict financial affidavit claims and custody arguments.
Common social media mistakes that damage divorce cases:
The safest approach: assume everything you post will be printed, highlighted, and handed to the judge. If in doubt, don’t post it.
Effective July 1, 2023, Florida enacted sweeping family law reforms through Ch. 2023-301 that fundamentally changed custody and alimony law. [6] Many people — and even some attorneys — are still operating under the old rules. This is one of the most expensive mistakes you can make in a 2025 or 2026 divorce.
What changed on custody: Florida now has a rebuttable presumption of 50/50 time-sharing. The court starts with equal time and can deviate only with clear and convincing evidence that it would harm the child. Before July 2023, there was no presumption — each case started from scratch.
What changed on alimony: Permanent alimony was eliminated entirely. The three remaining types — bridge-the-gap (max 2 years), rehabilitative (max 5 years), and durational — are all capped. A 35% income cap limits alimony to 35% of the difference between the spouses’ net incomes.
Strategies that worked before July 2023 often don’t work now. If your attorney hasn’t adjusted their approach to these reforms, you could end up with a significantly worse outcome.
Divorce is emotionally exhausting, and the desire to “just get it over with” is understandable. But rushing through settlement negotiations — especially on complex issues like property division, retirement accounts, and parenting plans — often leads to outcomes you’ll regret for years. [1]
Common areas where rushing causes problems:
Take the time to get a clear financial picture before agreeing to anything. A few extra weeks of negotiation can save thousands in the long run.
Voluntarily leaving the marital home doesn’t mean you forfeit your property interest — Florida’s equitable distribution statute (F.S. § 61.075) doesn’t penalize you for moving out. [1] But moving out without a legal strategy can create problems on other fronts.
In custody cases, the parent who stays in the home with the children often establishes the status quo for time-sharing. Under the new 50/50 presumption, this matters less than it used to — but if you’ve been voluntarily away from the children for months, it can affect the court’s evaluation of the parenting plan.
Before moving out, discuss these questions with your attorney:
Using parenting time as a bargaining chip — “I’ll agree to more time if you give up the house” — is one of the fastest ways to damage your credibility in a Florida custody case. [1] Courts evaluate parental conduct throughout the divorce process, and judges in the Fourth Judicial Circuit take note when a parent weaponizes access to children.
Under F.S. § 61.13, one of the 20 best-interest factors is each parent’s willingness to facilitate a close and continuing relationship between the child and the other parent. Blocking phone calls, canceling visits, or making derogatory comments about the other parent all count against you.
The 2023 reform strengthened this principle: the 50/50 presumption means the court starts from a position of equal time. A parent who actively obstructs the other parent’s relationship with the child is working against both the law and their own case.
Florida requires mediation of all contested family law issues before trial under F.S. § 61.183. [5] Mediation isn’t optional — it’s mandatory. But the mistake isn’t just refusing to attend; it’s refusing to participate in good faith once you’re there.
Florida’s court-connected mediation program handled 102,106 cases in fiscal year 2024–2025, with a success rate of 70–80%. [5] Mediation typically costs $1,000–$3,000 per party, compared to $15,000–$50,000+ for a contested trial. The math strongly favors negotiation.
Judges notice when one party obstructs mediation. It can influence fee-shifting decisions (the obstructing party may be ordered to pay the other side’s attorney fees) and color the judge’s overall impression of your reasonableness.
Mandatory financial affidavits are due within 45 days of service. Missing this deadline triggers a cascade of problems: the other side files a motion to compel, the judge orders compliance, and if you still don’t produce documents, you face sanctions and contempt. [1]
Every day of delay adds attorney fees on both sides. Discovery disputes are one of the top cost drivers in contested Jacksonville divorces — and most of them are completely avoidable.
What you need to gather early:
Start collecting these documents before you even file. Having them organized from day one saves time, money, and stress.
Florida allows self-representation (pro se), and for a truly simple uncontested divorce with no children and minimal assets, it can work. But for anything involving custody, significant property, alimony, or the 2023 reforms, going without an attorney is a risk most people can’t afford to take. [1]
The 2023 reforms alone make professional guidance essential. The 50/50 custody presumption, the alimony caps, and the new durational limits all require strategic planning that self-represented litigants typically don’t have the background to navigate.
Consider this: the cost of an attorney for an uncontested divorce in Jacksonville is typically $2,500–$5,000. The cost of fixing a bad settlement — through modification proceedings, appeals, or enforcement actions — can be $10,000–$30,000 or more.
Divorce is one of the biggest financial and emotional decisions you’ll ever make. The mistakes on this list aren’t hypothetical — I’ve seen every one of them cost Jacksonville families thousands of dollars and months of unnecessary court time.
I’ve been handling divorce cases in Duval County for over 25 years. I’ll give you a straight answer about your situation — no pressure, no sugarcoating.
Call (904) 396-5557 for a free consultation — or send us a message online.
The single most costly mistake is not understanding Florida’s 2023 family law reforms. The 50/50 custody presumption (Ch. 2023-301) and the elimination of permanent alimony (SB 1416) fundamentally changed how divorce cases are negotiated and decided. Strategies that worked before July 2023 often produce worse outcomes now. [6]
No. Both spouses must file mandatory financial affidavits under Rule 12.285. Deliberately concealing assets can result in the court awarding a disproportionate share to your spouse under F.S. § 61.075, plus contempt of court charges and sanctions. Hidden assets almost always surface during discovery. [1]
Moving out doesn’t forfeit your property rights under Florida’s equitable distribution law. However, it can affect custody dynamics — the parent who stays with the children often establishes the status quo. Talk to an attorney before making this decision, especially if children are involved. [1]
Yes. Under F.S. § 61.183, Florida courts require mediation of all contested family law issues before trial. Florida’s court-connected program handled 102,106 cases in FY 2024–2025 with a 70–80% success rate. Mediation costs $1,000–$3,000 per party — far less than trial. [5]
The Duval County filing fee is $401 plus $10 for a summons. Total costs range from $2,500–$5,000 for an uncontested divorce with attorney to $15,000–$50,000+ for a contested case going to trial. Attorney fees in Jacksonville typically run $260–$330 per hour. [4]
Yes. Screenshots of social media posts are routinely admitted as evidence in Duval County family court. Vacation photos, expensive purchases, new relationships, and negative comments about your spouse can all undermine your financial claims and custody arguments. [1]
You’ll need three years of tax returns, six months of bank statements, retirement account statements, current pay stubs, mortgage and property records, credit card statements, and business records if self-employed. Gathering these before filing saves time and reduces discovery disputes. [1]
Sources:
[1] Florida Statutes, Chapter 61 — Dissolution of Marriage; Support; Time-Sharing. flsenate.gov
[2] Florida Courts, Annual Report on the Workload of Florida’s Courts, FY 2023-2024. flcourts.gov
[3] Centers for Disease Control and Prevention, Stats of the States — Divorce Rates (2023 Data). cdc.gov
[4] Duval County Clerk of Courts, Fee Schedules. duvalclerk.com
[5] Florida Courts, Alternative Dispute Resolution Report, FY 2024-2025. flcourts.gov
[6] Florida Senate, SB 1416 — Dissolution of Marriage (Ch. 2023-301). flsenate.gov
✓Written by
Family Law Attorney & Partner, Sacks & Sacks
