Jacksonville Divorce Attorney | Sacks & Sacks Law

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How Divorce Works in Florida (No-Fault State)

Florida recorded 3.0 divorces per 1,000 residents in 2023 — roughly 30% above the national average of 2.4 per 1,000. ^[1] If you’re considering divorce in Jacksonville, understanding Florida’s no-fault framework is the critical first step. Under F.S. § 61.052, you don’t need to prove fault — adultery, abandonment, or abuse. The court only requires one spouse to testify that the marriage is “irretrievably broken,” meaning it cannot be repaired. Florida calls the process a “Dissolution of Marriage,” and at least one spouse must have been a Florida resident for six continuous months before filing. Most of my Jacksonville clients file in Duval County Circuit Court, where the filing fee is $409 and uncontested cases can finalize in as few as four to eight weeks. As a Florida Supreme Court Certified Family Mediator with over 25 years of experience, I guide clients through every stage — from petition to final judgment. Here’s what the law actually requires.

A divorce in Florida is legally called a “Dissolution of Marriage.” Florida is a no-fault divorce state, meaning you don’t have to prove your spouse did anything wrong. Under F.S. § 61.052, the court only needs to find that the marriage is “irretrievably broken” — meaning it can’t be fixed. One spouse’s testimony is enough.

To file in Florida, at least one spouse must have been a Florida resident for 6 months before filing. You file in the county where either spouse lives — for most of my clients, that’s Duval County Circuit Court.

Types of Divorce: Which Path Fits Your Situation?

The type of divorce you file determines cost, timeline, and how much court involvement you’ll need. Florida law recognizes several paths to dissolution, and choosing the right one can save you thousands of dollars and months of stress. An uncontested divorce — where both spouses agree on property division, custody, support, and alimony — can finalize in four to eight weeks for $2,500 to $7,500 in attorney fees. A contested divorce, where disagreements require discovery, mediation, and potentially trial, typically costs $5,000 to $20,000 or more and takes six to twelve months. Florida also offers a simplified dissolution under F.S. § 61.043 for couples with no minor children and no alimony claims. In my 25 years of practice in Duval County, about 60–70% of contested cases settle before trial once both sides understand their financial exposure and legal options.

Uncontested Divorce

You and your spouse agree on everything: property division, child custody, child support, and alimony. This is the fastest and most affordable path. When there are no minor children or significant assets, I’ve finalized uncontested divorces in as little as four weeks.

• Attorney fees: $2,500–$7,500
• Timeline: 4–8 weeks to finalization
• Best for: Couples who’ve already worked out the details or have minimal assets and no children

Contested Divorce

You and your spouse disagree on one or more major issues — asset division, custody, support amounts, or time-sharing. Contested divorces involve discovery, mediation, and potentially a trial. Most Duval County judges require mediation before setting a trial date.

• Attorney fees: $5,000–$20,000+ depending on complexity
• Timeline: 6–12+ months
• Best for: Situations where you need court protection or the other side won’t negotiate fairly

Simplified Dissolution

Florida offers a streamlined process under F.S. § 61.043 if you meet all four conditions: no minor children, the wife is not pregnant, both spouses agree on property division, and neither seeks alimony. Both spouses must appear at the final hearing. This is the fastest option — often finalized in 3–4 weeks.

Default Divorce

Your spouse is served but fails to respond within 20 days, or they can’t be located. You can proceed without their participation. If your spouse can’t be found, service by publication (published notice in a newspaper for four consecutive weeks) may be required under F.S. § 49.011.

• Attorney fees: $2,500–$5,000 (includes publication costs if needed)
• Timeline: 8–12 weeks

High Net Worth Divorce

When substantial assets are at stake — real estate, businesses, investment accounts, retirement funds — the discovery phase determines the outcome. These cases often require forensic accountants and business valuations. I’ve handled high net worth divorces in Duval County where uncovering hidden assets changed the outcome by six figures.

• Attorney fees: $10,000–$50,000+ depending on complexity
• Timeline: 12–24+ months

How Much Does a Divorce Cost in Jacksonville?

The Duval County Clerk charges a $409 filing fee for a Dissolution of Marriage — the same whether contested or uncontested. ^[2] A counter-petition costs $295. Beyond those court fees, your total cost depends on your divorce type, the complexity of your assets, whether children are involved, and how much you and your spouse can agree on before litigation becomes necessary. An uncontested divorce with no minor children typically costs $2,500 to $7,500 in attorney fees, while a contested case involving custody disputes, business valuations, or hidden assets can require a $5,000 to $20,000+ retainer. Additional costs may include private mediation ($300–$700 per hour), custody evaluations ($2,500–$10,000 if court-ordered), forensic accountants for high net worth cases, and process server fees ($40–$100). At Sacks & Sacks, I provide a detailed cost estimate during your free consultation so there are no surprises, and I offer flexible payment plans to make quality representation accessible regardless of your current budget.

Here’s the honest truth: the single biggest factor in controlling your divorce costs is how prepared you are with financial documents before your first meeting. Bring tax returns, bank statements, mortgage statements, and a list of assets. An hour of preparation saves five hours of attorney time.

At Sacks & Sacks, I offer flexible payment plans. You don’t need $10,000 in the bank on day one. We’ll work with your budget so you can get the representation you need now.

Divorce Timeline: How Long Does It Take in Jacksonville?

Florida law imposes a mandatory 20-day waiting period under F.S. § 61.19 from the date you file before a final judgment can be entered. ^[3] This waiting period is meant to allow time for reconciliation, but the actual timeline depends on your divorce type, how quickly both parties complete mandatory financial disclosure, and whether disputes require mediation or trial. A simplified dissolution with no children can finalize in as little as three to four weeks. An uncontested divorce where both spouses agree on all terms typically takes four to eight weeks. Contested divorces involving custody, property division, or alimony disagreements generally require six to twelve months due to discovery, court-ordered mediation, and potential trial scheduling in Duval County Circuit Court. High net worth cases with business valuations or forensic accounting needs can extend to twelve to twenty-four months. In my experience, the single biggest factor that speeds up any divorce is completing financial disclosure promptly and arriving at mediation prepared to negotiate.

• Simplified dissolution: 3–4 weeks (both parties agree, no children)
• Uncontested divorce: 4–8 weeks (agreement on all terms)
• Contested divorce: 6–12+ months (disagreements require discovery, mediation, possibly trial)
• High net worth / complex: 12–24+ months (business valuations, forensic accounting)

What speeds things up? Completing financial disclosure fast, responding promptly to discovery requests, and showing willingness to mediate. I always push for settlement because a negotiated agreement gives you more control than a judge’s order.

The 8-Step Divorce Process in Duval County

Understanding each stage of the Florida divorce process reduces stress and helps you prepare for what comes next. In Duval County, a divorce moves through eight distinct phases — from filing the initial Petition for Dissolution of Marriage through post-judgment tasks like dividing retirement accounts and updating beneficiary designations. The entire process is governed by Florida Statutes Chapter 61, and most Duval County Circuit Court judges require mandatory mediation before they will schedule a trial date. Whether your case resolves in four weeks or twelve months depends largely on how prepared you are at each stage. As a former state prosecutor turned family law attorney with over 25 years of experience in Jacksonville courts, I walk every client through these steps before we file so there are no surprises. Preparation is the single most important factor in controlling your timeline and your costs. Here is exactly what happens from filing to final judgment.

1. File the Petition for Dissolution of Marriage. One spouse (the “petitioner”) files at Duval County Circuit Court. The petition states the marriage is irretrievably broken and outlines what you’re asking the court to decide. The filing fee is $409. Forms are available on the Florida Courts website.
2. Serve your spouse. Your spouse must be officially served with the papers — by process server, county sheriff, or certified mail. They have 20 days to file a response. If they can’t be located, service by publication may be necessary.
3. Request temporary orders (if needed). If one spouse controls all finances or the children need immediate housing arrangements, file for temporary orders covering child support, spousal support, custody, and attorney fees. These stay in effect until the final judgment replaces them.
4. Exchange mandatory financial disclosure. Both parties must provide complete financial information: income, assets, debts, and expenses. Do not hide assets. I’ve seen Duval County judges impose heavy penalties — including awarding attorney fees — against spouses who conceal wealth.
5. Discovery. Both sides formally exchange evidence: pay stubs, bank statements, tax returns, retirement account statements, and any relevant documents. In contested cases, discovery typically takes 45–60 days. This is strategic ground — I use it to build your strongest position for settlement.
6. Mediation and settlement negotiations. Most Duval County judges mandate mediation before setting a trial date. A negotiated agreement gives you more control than leaving everything to a judge. I push hard for settlement — it saves time, money, and emotional energy.
7. Trial or final hearing. If settlement fails, both sides present their cases to a judge. The cases that go well are the ones with complete financial records and well-documented parenting plans. Preparation is everything.
8. Post-judgment. After the final judgment, there’s a checklist: close joint accounts, transfer vehicle titles, divide retirement assets via QDRO, update wills and beneficiary designations. I provide every client with a post-divorce checklist so nothing falls through the cracks.

Property Division: Florida’s Equitable Distribution Law

Florida requires “equitable distribution” of marital property under F.S. § 61.075 — meaning fair, but not necessarily a 50/50 split. ^[4] The court begins with the presumption that marital assets and liabilities should be divided equally between the spouses, then evaluates ten statutory factors that may justify an unequal distribution. These factors include each spouse’s economic circumstances, the duration of the marriage, contributions to marital assets (including homemaking and childcare), and whether either party intentionally dissipated or concealed assets. In Jacksonville divorces involving real estate, retirement accounts, business interests, or investment portfolios, the discovery phase is critical — uncovering the true value of marital property often determines the outcome. Property acquired before the marriage, or received through inheritance or gift during the marriage, is generally classified as nonmarital, but commingling those assets with marital funds can change their status entirely. The ten factors courts consider are:

1. Each spouse’s contribution to the marriage (including homemaking and childcare)
2. The economic circumstances of each party
3. Duration of the marriage
4. Any interruption of personal careers or education
5. Contribution to the other spouse’s career or education
6. Desirability of retaining a business or professional practice intact
7. Contribution to acquisition, enhancement, or income production of assets
8. Desirability of retaining the marital home for a dependent child
9. Intentional dissipation, waste, or destruction of marital assets
10. Any other factors necessary to do equity and justice

Marital vs. nonmarital property: Assets acquired during the marriage are presumed marital. Property acquired before marriage, or through inheritance or gift, is generally nonmarital — but commingling can change that. If you deposited an inheritance into a joint account, a court may treat it as marital property.

Hidden assets: Florida courts take concealment seriously. Under § 61.075(1)(i), a judge can consider intentional waste or destruction of assets in the two years before filing. I’ve seen judges award the innocent spouse a larger share — plus attorney fees — when concealment is proven.

Alimony in Florida: The 2023 Reform Changed Everything

Florida’s alimony law changed dramatically on July 1, 2023, when Governor DeSantis signed SB 1416 into law (Ch. 2023-301). ^[5] The most significant change: permanent alimony was eliminated for all divorce cases filed after July 1, 2023. Under the reformed statute, four types of alimony remain available — temporary, bridge-the-gap, rehabilitative, and durational — each with specific caps and requirements. The law also redefined marriage length categories, raising the short-term threshold from seven to ten years, and established that durational alimony generally should not exceed 35% of the difference between the parties’ net incomes. Adultery is now an explicit factor courts must consider when awarding alimony, reversing decades of Florida’s strict no-fault approach. For Jacksonville residents navigating post-divorce finances, understanding which alimony type applies to your situation and how the new formula affects your potential award or obligation is essential. Here are the four types that remain under the 2023 reform:

1. Temporary alimony — support during the divorce proceedings, ending at final judgment
2. Bridge-the-gap alimony — up to 2 years, not modifiable, helps the recipient transition to single life
3. Rehabilitative alimony — up to 5 years, tied to a specific plan (education, training, or career development)
4. Durational alimony — for marriages lasting at least 3 years, cannot exceed the length of the marriage

The 2023 law also redefined marriage length categories:

• Short-term marriage: less than 10 years (was 7 years)
• Moderate-term marriage: 10–20 years
• Long-term marriage: 20+ years

The reform also established that the amount of durational alimony generally should not exceed 35% of the difference between the parties’ net incomes. Adultery is now a factor courts must consider when determining alimony.

Child Custody in Jacksonville Divorces

When children are involved in a Jacksonville divorce, the stakes are significantly higher and the legal framework more complex. Since July 1, 2023, Florida law presumes that equal (50/50) time-sharing is in the child’s best interests — a major shift from the prior statute that gave judges broader discretion. ^[5] This presumption applies to all divorce cases involving minor children filed in Duval County and across Florida. The parent seeking unequal time-sharing bears the burden of proving, by a preponderance of the evidence, why a 50/50 arrangement would not serve the child’s welfare. Courts evaluate 20 best interest factors under F.S. § 61.13(3), including each parent’s willingness to encourage a relationship with the other parent, stability of the home environment, evidence of domestic violence, and the child’s preference if sufficiently mature. Every case involving minor children requires a detailed parenting plan specifying the time-sharing schedule, holiday rotations, and decision-making responsibilities.

Florida uses “parental responsibility” and “time-sharing” instead of “custody” and “visitation.” The default is shared parental responsibility — both parents consult on major decisions about education, healthcare, and religion. Sole parental responsibility may be granted if the other parent poses a danger to the child.

Courts evaluate 20 best interest factors under F.S. § 61.13(3), including:

• Each parent’s ability to facilitate the child’s relationship with the other parent
• Division of parental responsibilities before the filing
• Stability of the home, school, and community environment
• Mental and physical health of both parents
• Evidence of domestic violence, abuse, or neglect
• The child’s preference (if sufficiently mature)

A detailed parenting plan is mandatory in every case involving minor children. The plan must specify: time-sharing schedule, holiday and school-break rotation, communication methods between parent and child, and decision-making responsibilities.

For a complete guide, see our Jacksonville child custody page.

Child Support in Florida Divorces

Child support in Florida is not negotiable — it is calculated using a mandatory formula established by the Florida Child Support Guidelines under F.S. § 61.30. The guidelines produce a presumptive amount based on both parents’ combined net income, the number of overnights each parent has, and specific expenses like health insurance and childcare. Duval County judges can deviate from the guidelines amount by up to 5% without written findings, but deviations beyond that require the court to explain why the guidelines amount is unjust or inappropriate. The parent with fewer overnights typically pays, and amounts can range from $200 per month in lower-income cases to $3,000 or more per month for high-income families. Importantly, child support and time-sharing are legally independent obligations under Florida law — one cannot be withheld because the other party fails to comply. The formula factors in:

• Both parents’ gross monthly income
• Number of overnights with each parent (the 73-night threshold triggers adjustments)
• Health insurance costs for the child
• Childcare expenses
• Standard deductions (taxes, mandatory union dues, support for other children)

The parent with fewer overnights typically pays. Amounts vary based on income and time-sharing — I’ve seen guidelines produce calculations ranging from $200/month for lower-income cases to $3,000+/month for high-income situations. You can estimate your obligation using the Florida Supreme Court child support guidelines worksheet.

Important: Child support and time-sharing are legally separate issues. You cannot withhold time-sharing because your ex isn’t paying support, and you cannot reduce support because your ex is denying time-sharing. Courts treat these as independent obligations.

7 Mistakes That Can Hurt Your Divorce Case

In over 25 years of handling divorce cases in Duval County, I have seen the same preventable errors cost clients custody time, money, and credibility with the judge. Florida’s equitable distribution and time-sharing laws under Chapter 61 give judges wide discretion, and your behavior before and during the divorce directly influences the outcome. Posting on social media, hiding assets, moving out of the marital home without a temporary custody order, using children as messengers, refusing to mediate, missing financial disclosure deadlines, and attempting to handle a contested case without an attorney are the seven most common mistakes I see in Jacksonville family court. Each one can shift the balance of your case in ways that are difficult or impossible to undo once the final judgment is entered. Avoiding these pitfalls requires preparation, discipline, and experienced legal counsel from the start.

1. Posting on social media. Screenshots of vacation photos, expensive purchases, or angry rants about your spouse become evidence. Delete nothing — courts can sanction you for destroying evidence — but stop posting immediately.
2. Hiding assets or income. Florida judges impose severe penalties for concealment, including awarding the hidden amount entirely to the other spouse plus attorney fees. Full disclosure protects you.
3. Moving out without a plan. Leaving the marital home without a temporary custody order can be used against you in time-sharing disputes. Talk to an attorney first.
4. Using children as messengers. Courts evaluate each parent’s willingness to encourage the other parent’s relationship. Using children to deliver hostile messages damages your credibility with the judge.
5. Refusing to mediate. Most Duval County judges require mediation before trial. Arriving with a “scorched earth” mentality wastes time and money — and judges notice.
6. Ignoring financial disclosure deadlines. Late or incomplete financial affidavits delay your case and give the other side ammunition. I tell every client: prepare your documents before your first meeting.
7. Representing yourself in a contested case. Uncontested, no-child divorces can sometimes be handled pro se. But if children, real estate, retirement accounts, or business interests are involved, the stakes are too high to guess. One overlooked asset or poorly worded custody provision can cost you for years.

Military Divorce in Jacksonville

Jacksonville’s proximity to Naval Station Mayport, NAS Jacksonville, and Naval Submarine Base Kings Bay means military divorces are common in Duval County. Military divorces involve unique federal laws:

• Servicemembers Civil Relief Act (SCRA): Allows active-duty members to delay divorce proceedings if military service prevents them from appearing
• Uniformed Services Former Spouses’ Protection Act (USFSPA): Allows state courts to divide military retirement pay as marital property — but only the portion earned during the marriage
• 10/10 rule: DFAS will make direct payments to the former spouse only if the marriage lasted at least 10 years overlapping with 10 years of military service
• BAH and BAS: Basic Allowance for Housing and Basic Allowance for Subsistence are included in income calculations for child support and alimony in Florida

I’ve represented both service members and military spouses in Duval County. These cases require an attorney who understands both Florida family law and federal military regulations.

What a Jacksonville Divorce Judge Cannot Do

Setting realistic expectations before you step into a Duval County courtroom prevents costly surprises and helps you focus on what actually matters in your case. Under Florida Statutes Chapter 61, a divorce judge has broad authority to divide marital property through equitable distribution, establish parental responsibility and time-sharing schedules, order child support based on the guidelines formula, award alimony under the 2023 reformed categories, and require one party to pay the other’s attorney fees when there is a significant income disparity. However, there are important limits on judicial power that many clients do not understand until it is too late. A Florida family court judge operates within statutory boundaries and cannot guarantee outcomes that fall outside the law’s framework, no matter how unfair a situation may feel. Knowing these limits helps you build a strategy grounded in what a court can realistically order rather than what you wish it could do. A judge cannot:

• Guarantee civility between you and your ex after the divorce
• Maintain your previous standard of living — two households cost more than one
• Use a child as leverage or “punish” a parent by denying all time-sharing (absent extreme circumstances)
• Award one party all assets to punish the other — property must be divided equitably
• Consider fault in property division (Florida is no-fault), though adultery is now a factor in alimony under the 2023 reform

Why Choose Adam Sacks for Your Divorce

I started my career as an Assistant State Attorney prosecuting cases for the State of Florida in Seminole County, and that courtroom experience gave me something most family law attorneys simply do not have — the confidence and trial skills to take your case before a judge when negotiation fails. But I am also a Florida Supreme Court Certified Family Mediator, which means I know how to resolve disputes at the negotiation table and save my clients the time, expense, and emotional toll of a trial. With over 25 years of family law experience in Duval County courts, a psychology degree from the University of Massachusetts that gives me insight into the emotional dynamics of divorce, and a J.D. from Western Michigan University Cooley Law School where I earned a Book Award for top academic performance, I bring a combination of legal skill and human understanding to every case. I am a member of the Florida Bar (Bar #248370) and have been practicing since 2000. Either way, I fight for what is fair.

I’ve spent over 25 years handling divorce, child custody, child support, and alimony cases in Jacksonville. I treat every client like family — because at Sacks & Sacks, this is a family firm. My wife Melanie handles the bankruptcy side; I handle family law. When you call, you talk to me — not a junior associate, not a paralegal.

Adam Sacks earned his J.D. from Western Michigan University Cooley Law School, where he received a Book Award for top academic performance. He served as an Assistant State Attorney in Seminole County before transitioning to private family law practice. He is a Florida Supreme Court Certified Family Mediator and a member of the Florida Bar (Bar #248370) since 2000. Verify his credentials on Martindale-Hubbell, Justia, and Avvo. He also holds a degree in psychology from the University of Massachusetts, giving him rare insight into the emotional dynamics of divorce and custody disputes.

• 25+ years of family law experience in Duval County courts
• Former state prosecutor — trial-ready courtroom confidence
• Certified mediator — knows when to fight and when to settle
• 24/7 availability — evenings, weekends, Sundays, and holidays
• Flexible payment plans — quality representation regardless of budget
• Family-operated firm — you’re never just a case number

What Happens When You Call

When you call Sacks & Sacks at (904) 396-5557, you speak directly with me — not a paralegal, not a junior associate, not an answering service. I am available 24/7 including evenings, weekends, and holidays because I understand that divorce decisions do not wait for business hours. During your free consultation at our Jacksonville office, I will listen to your situation, explain your legal options under Florida Statutes Chapter 61, give you an honest assessment of likely outcomes and costs, and outline a clear strategy tailored to your specific circumstances. Whether your case involves a straightforward uncontested dissolution or a complex contested divorce with custody disputes, business valuations, and alimony claims, you will know exactly what to expect at every stage before we file a single document. Here is what the process looks like from your first phone call to final resolution:

1. Free consultation. I’ll listen to your situation, explain your options, and give you an honest assessment. No pressure, no obligation.
2. Strategy session. If you decide to move forward, we build a strategy together. I’ll tell you what documents to gather and what to expect at each stage.
3. Filing and service. I handle the paperwork, file the petition, and arrange service on your spouse.
4. Negotiation or litigation. I push for settlement first — it saves time and money. If the other side won’t negotiate fairly, I’m ready for trial. My prosecutor background means I don’t back down in the courtroom.
5. Resolution and follow-through. After the final judgment, I walk you through the post-divorce checklist so nothing falls through the cracks.

Call (904) 396-5557 — Free consultation. Available 24/7 including evenings, weekends, and holidays.

Client Reviews

“These are professionals who knows what they are doing. It’s nerve-racking for people who have no experience of how divorce proceedings work but Adam and Sheri provided guidance all throughout the process. Highly recommended!” — Hackie G., Google Review

“Mr. Sacks handled my divorce. Guided me step by step. Set realistic expectations. Always told me the truth, the facts. Never sugar coated anything. Just the cold hard truth of the matter. Made a most unpleasant situation manageable. Represented my interest with great zeal. I was very happy with the results. Honest, trustworthy, and reassuring.” — Robert, Avvo Review

“Obtain Adam Sacks for my divorce. He and his paralegal Sheri were wonderful. They answered all my questions and I felt as though they truly cared about my situation throughout the process. I am very satisfied with the outcome.” — Linda J., Google Review

“Sheri and Adam were great, best prices in town, they are in your best interest and don’t do it for just the money. By far the best attorney and secretary I ever dealt with and will definitely be doing business again with them going forward.” — Ashley K., Google Review

See All Google Reviews for Sacks & Sacks

Frequently Asked Questions About Divorce in Jacksonville

How much does a divorce cost in Jacksonville, Florida?

The Duval County filing fee is $409. ^[2] Attorney fees for an uncontested divorce typically range from $2,500 to $7,500, while contested divorces may require a $5,000 to $20,000+ retainer depending on complexity. At Sacks & Sacks, I offer flexible payment plans so quality legal representation is accessible regardless of your current financial situation.

How long does a divorce take in Jacksonville?

Florida requires a mandatory 20-day waiting period after filing. ^[3] An uncontested divorce can be finalized in 4–8 weeks. Contested divorces involving custody, property disputes, or alimony typically take 6–12 months. Cases requiring custody evaluations add another 3–4 months. The biggest factor in timeline is how quickly both parties complete financial disclosure.

Do I need a lawyer to get a divorce in Florida?

Legally, no. But in my 25 years of practice, I’ve seen countless cases where people represented themselves and ended up with unfavorable custody arrangements, missed assets in property division, or alimony terms that don’t reflect their actual needs. If children, real estate, retirement accounts, or business interests are involved, an experienced divorce attorney protects you from costly oversights that can’t be undone.

What is the difference between contested and uncontested divorce?

An uncontested divorce means both spouses agree on all terms — property, custody, support. It’s faster and significantly less expensive. A contested divorce means there’s disagreement on at least one major issue, which requires mediation, discovery, and potentially a trial. About 60–70% of my contested cases settle before trial once both sides understand their options and exposure.

Can I get alimony in Florida after the 2023 reform?

Yes — but permanent alimony was eliminated for cases filed after July 1, 2023. ^[5] Four types remain: temporary (during divorce), bridge-the-gap (up to 2 years), rehabilitative (up to 5 years), and durational (cannot exceed the length of the marriage). The amount generally should not exceed 35% of the difference between the parties’ net incomes.

How is property divided in a Florida divorce?

Florida follows equitable distribution under F.S. § 61.075 — the court starts with equal division and adjusts based on 10 factors including marriage duration, each spouse’s economic circumstances, contributions to the marriage, and any intentional waste of assets. ^[4] Property acquired before the marriage or through inheritance is generally nonmarital, but commingling can change that.

Does Florida’s 50/50 custody presumption apply in divorce?

Yes. Since July 1, 2023, Florida law presumes that equal time-sharing is in the child’s best interests. ^[5] This applies to all divorce cases involving minor children. The presumption can be rebutted by a preponderance of the evidence — but the parent seeking unequal time bears the burden of proof. Courts still evaluate all 20 best interest factors under F.S. § 61.13(3).

Sources:

[1] Centers for Disease Control and Prevention, Stats of the States — Florida. cdc.gov

[2] Duval County Clerk of Courts, Fee Schedules. duvalclerk.com

[3] F.S. § 61.19, Time for Filing Action for Dissolution — Waiting Period. flsenate.gov

[4] F.S. § 61.075, Equitable Distribution of Marital Assets and Liabilities (2024). flsenate.gov

[5] Ch. 2023-301 (SB 1416), Florida Alimony Reform & 50/50 Time-Sharing Presumption. Effective July 1, 2023.

[6] Florida Courts, 2022–2024 Biennial Report: 241,880 family court filings, FY 2023–24. flcourts.gov

Related Pages

• Jacksonville Family Law Attorney
• Child Custody in Jacksonville
• Child Support in Florida
• Alimony in Jacksonville
• Family Law Mediation
• Military Divorce in Jacksonville
• Paternity Actions
• Adoption in Florida
• Restraining Orders / Injunctions
• Temporary Custody Orders