Jacksonville Family Law Attorney
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Jacksonville Family Law Lawyer
Family disputes can be a challenging period for everyone involved. Be it divorce, child custody, or asset distribution, such challenges can take their toll on your mental well-being. However, you are not alone, and the support of our Jacksonville family law attorneys is here for you 24/7.
Sacks & Sacks has over 45 years of combined experience tackling tough issues like alimony and child support. We offer flexible payment plans and appointment times. Call (904) 396-5557 and book a free consultation with our Jacksonville family law lawyers.
As of 2025, CDC says the divorce rate in Florida is 3.1 per 1,000, ranking the state 7th in the United States. [1]
What is Family Law?
Any legal matters related to family relationships qualify as family law. This term usually applies to divorce and the matters that follow, such as the divorce itself, child custody, child support, etc. However, family law also applies to various other family-related disputes.
These include the following:
- Adoption
- Asset and debt division
- Child custody and visitation
- Child support
- Divorce
- Military divorce
- Same-sex divorce
- Emancipation
- Mediation
- Paternity
- Property division
- Restraining orders
Family law matters can be difficult for everyone involved. However, our Jacksonville family law attorneys will guide you through the entire process.
What Family Law Courts in Jacksonville Can and Cannot Do
The legal system can intervene when mediation or negotiations fail. However, despite being the upholders of the law, there are limitations to what the court can and cannot do.
What Courts Can Do:
- Award custody of minor children.
- Divide property, debts, and assets when family relationships end or marriages are dissolved.
- Enter a judgment of divorce.
- Order child support, and order enforcement methods such as wage withholding.
- Order contact restrictions, restraining orders, and personal protection orders, and use contempt powers to enforce these restrictions.
- Set out a parenting plan and visitation schedule.
What Courts Cannot Do:
- Grant any motion or request that the law does not allow or that is not supported by legal authority.
- Make either spouse change their habits, attitudes, or combative nature.
- Validate either party over past arguments and disagreements.
In either instance, you need legal representation from our Jacksonville family law lawyers. We will defend your rights.
What Are Common Errors In Jacksonville Family Law Cases?
Family law can be complicated, and the law firm fighting against you will be aiming to exploit your mistakes and errors.
Some of the common errors in family law cases include, but are not limited to, the following:
- Emotional Decision-Making: One of the most common errors in family law cases is making decisions driven by emotions, rather than logic. The opposing divorce lawyer or your former spouse can exploit this and make you agree to unfavorable terms.
- Ignorance of Florida Family Law Specifics: Much like every other state, Florida has specific laws for family-related disputes. If you do not understand these laws, then the opposing party can exploit your lack of knowledge and use these laws for their benefit. However, Sacks & Sacks will prevent this from happening.
- Misunderstanding Legal Terminology: Family law is filled with complex legal language and jargon. Misunderstanding or misinterpreting words, such as “affidavit,” “motion,” or “temporary injunction,” can lead to challenges.
- Neglecting Parental Responsibilities: A parenting plan is one of the key factors in family law. Florida courts favor shared parental responsibility. Focusing on time-sharing schedules and decision-making authority will reflect well on your case.
These matters can be complicated, but you will not be alone. Our Jacksonville family law attorneys encourage you to not just “settle,” but instead, make a decision that is best for everyone involved.
Can You Avoid The Court Making Decisions Regarding Kids And Assets?
The simple answer is yes, you can prevent courts from making decisions regarding children and assets. You will have to go through mediation and various other legal processes to ensure that the court approves your decision. Yes, the court will still have to approve the final decision.
In order for an uncontested and outside-of-court decision regarding assets and children, the following requirements must be met:
- Agreements must be court-approved to be binding.
- Child custody can be settled uncontested outside court.
- Florida courts retain custody jurisdiction long-term.
- Mediation helps avoid court in custody and asset disputes.
These options allow you to avoid contentious court battles. If you want to cooperate with the other parent and come to a favorable decision, our Jacksonville family law lawyers will help you with the process. But if you are dealing with a contested divorce that just becomes more and more complicated, we can help with that, too.
What Should I Know About Alimony In Jacksonville?
Alimony is also called spousal support, and usually, the spouse who is financially better off pays it. This specifically applies if one spouse is economically dependent on the other to maintain financial stability and their child(ren)’s expenses.
Some of the key things to know about alimony include the following:
- Alimony stops if the recipient marries again, dies, or if the court orders otherwise.
- Alimony types include temporary, bridge-the-gap, rehabilitative, durational, and lump sum.
- Courts consider marriage length, standard of living, and financial resources when deciding alimony.
- Durational is capped by the marriage length (50-75%). So, if a marriage lasted 10 years, the duration of alimony may be 5 years. [2]
- Elimination of permanent alimony as of the July 2023 law changes. SB 1416
- Legal counsel is necessary if and when negotiating or modifying alimony agreements.
- The paying spouse must have the ability to pay, while the recipient must prove their need.
What Happens to the Children in a Florida Divorce?
Instead of child custody, Florida courts like to use the term “time-sharing,” which describes the basis of child custody. This requires the parents to agree upon a schedule when they share custody, financial responsibility, etc.
Here is how the law regulates custody in Jacksonville, Florida:
- Child Custody and Parenting Plans: Parents must create a plan and detail the custody and visitation schedules. This must focus on the child’s best interest, and then a court must approve it to come into effect.
- Emotional and Routine Adjustments: Children usually face emotional challenges and difficulties when parents split. Therefore, courts insist on ensuring emotional well-being and routine adjustments to avoid burnout or emotional toll on the children.
- Financial Support: Courts can arrange child support to ensure the child’s financial needs.
Child custody is one of the key points of family law. If you are looking for fair treatment during this challenging time, let our Jacksonville family law lawyers handle it for you.
Are Military Divorces More Complicated?
Military divorces pose a unique challenge. If one or both parents are service members, protected by the SCRA (Servicemember Civil Relief Act), federal laws and military regulations can make the process complicated.
Some of the key factors that make military divorces more challenging include the following:
- Delays Due to Active Duty (Servicemembers Civil Relief Act)
- Division of Military Retirement Benefits
- Finances and Deployment Pay Considerations
- Jurisdiction and Residency Requirements
- Military Healthcare and Benefits
- Serving Divorce Papers to Active-Duty Members
Military divorces may be more challenging, but we know how to handle them. If you are going through one, we will assist you through the process.
How is Jacksonville Child Support Calculated?
Child support is meant to provide for everyday needs, medical necessities, and overall expenses to support the child’s well-being.
Here are the key aspects that determine the child support:
- Child Care Costs: Everyday care costs are taken into consideration when deciding child support. This includes daycare or childcare, which is necessary due to one or both parents working.
- Health Insurance and Medical Costs: If any healthcare-related needs arise, both parents will be expected to pay the child’s health insurance premiums. Any other uninsured medical expenses, such as therapy, are also taken into account.
- Number of Children: The total number of children involved is also taken into account. If there are multiple children, and custody is shared, then the amount is calculated for each child.
- Parenting Time: The amount of time each parent spends with the child can also determine the payable child support. So, if a parent is spending 20% or more of the overnights with the child, the support obligations will decrease accordingly.
How Can Sacks & Sacks Help You In Family Law Cases?
Family law cases can be difficult, and we know the challenges you might be facing. However, we know how to deal with each area and get you through while defending your rights. Our Jacksonville family law lawyers will help you through any case.
Including but not limited to the following:
- Adoption: This area of family law can be very complicated, and the process can change depending on some key factors. These usually include the adoption type, the origin of the child, and the state laws governing adoption. We will represent you throughout such cases.
- Custody of Children: We will represent you regarding custody of any children and any related child support ordered. If you require a revisit, if the financial situation has changed significantly, then we will represent you if a change is necessary.
- Mediation: If you need to settle matters outside of court and want help with mediation, then we will have your back. We have mediated many cases involving family law, and we will represent your best interests.
- Paternity: If you need representation in a paternity case, then we have your back. A paternity request may be filed by the mother in order to establish this fact for child support, or by the father in order to acknowledge their child legally to obtain rights.
If you do not see the matter that you need help with here, we handle all matters related to family law. All you have to do is call today and book a free consultation with our Jacksonville family law attorneys.
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FAQs
What should I expect during my first meeting with a Jacksonville family law lawyer?
During the initial consultation, the family law attorney will review your case. This will allow them to explain the legal options that you have and discuss potential outcomes. Once both sides come to an agreement, the lawyer will prepare to fight your case.
Are mediation and alternative dispute resolution options available in Jacksonville family law cases?
Yes, mediation is often encouraged by both the law and lawyers as it is considered a less “messy” solution to a challenging situation. Such negotiations can help resolve matters of divorce amicably and without costing much.
How does property division work in a Jacksonville divorce?
Property, debts, assets, and anything else acquired during the marriage are divided equitably by the court or through settlement. Therefore, it means one side may not always get an equal share, as these are divided fairly.
What role does a family law attorney play in protecting parental rights?
An experienced family law attorney can fight for your parental rights regarding custody, visitation, and child support matters. They will build your case to ensure that yours and your child’s interests are well-defended.
Sources:
[1] Divorce rates by state: 2019-2022. (n.d.). https://www.cdc.gov/nchs/pressroom/sosmap/divorce_states/divorce_rates.htm
[2] Divorce in Florida. (n.d.). The Florida Bar. https://www.floridabar.org/public/consumer/pamphlet010/
Our Office Location
Law Offices of Sacks & Sacks, P.A.
1646 Emerson St. Suite B
Jacksonville, FL 32207
(904) 396-5557
