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How Divorce Works in Florida (No-Fault State)
Florida recorded 3.0 divorces per 1,000 residents in 2023, while the national average hovered near 2.4 per 1,000. [1] If you’re reading this page, you’ve likely already made the decision — or you’re close. Here’s what the law actually says.
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. In my experience, about 60–70% of contested cases settle before trial once both sides understand their exposure.
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. After the filing fee, your total cost depends on your divorce type and how much you and your spouse can agree on.
| Expense | Typical Range |
|---|---|
| Duval County filing fee | $409 |
| Counter-petition filing fee | $295 |
| Uncontested divorce (attorney fees) | $2,500–$7,500 |
| Contested divorce (retainer) | $5,000–$20,000+ |
| Private mediation | $300–$700/hour |
| Custody evaluation (if ordered) | $2,500–$10,000 |
| Process server / sheriff service | $40–$100 |
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 from the date you file before a final judgment can be entered. [3] This is meant to allow time for reconciliation. But the real timeline depends on your divorce type.
- 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 reduces stress and helps you prepare. Here’s exactly what happens from filing to final judgment.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 50/50. The court starts with the premise that distribution should be equal, then considers 10 statutory factors that may justify unequal division: [4]
- Each spouse’s contribution to the marriage (including homemaking and childcare)
- The economic circumstances of each party
- Duration of the marriage
- Any interruption of personal careers or education
- Contribution to the other spouse’s career or education
- Desirability of retaining a business or professional practice intact
- Contribution to acquisition, enhancement, or income production of assets
- Desirability of retaining the marital home for a dependent child
- Intentional dissipation, waste, or destruction of marital assets
- 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 cases filed after July 1, 2023. Here’s what remains:
- Temporary alimony — support during the divorce proceedings, ending at final judgment
- Bridge-the-gap alimony — up to 2 years, not modifiable, helps the recipient transition to single life
- Rehabilitative alimony — up to 5 years, tied to a specific plan (education, training, or career development)
- 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, the stakes are higher. 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 law. [5] This presumption can be rebutted, but the parent seeking unequal time must prove why 50/50 wouldn’t serve the child.
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 is calculated using Florida’s Child Support Guidelines under F.S. § 61.30. 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
- 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.
- 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.
- 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.
- 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.
- Refusing to mediate. Most Duval County judges require mediation before trial. Arriving with a “scorched earth” mentality wastes time and money — and judges notice.
- 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.
- 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 prevents courtroom surprises. A Duval County judge can divide marital property, establish custody and time-sharing, order child support and alimony, and award attorney fees. 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 a prosecutor for the State of Florida in Seminole County. That courtroom experience gave me something most family law attorneys don’t have — the confidence to take your case to trial if that’s what it takes. But I’m also a Florida Supreme Court Certified Family Mediator, which means I know how to get results at the negotiation table too. Either way, I fight for what’s 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. 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 come to our office, you sit down with me — not a paralegal, not a junior associate. Here’s what to expect:
- Free consultation. I’ll listen to your situation, explain your options, and give you an honest assessment. No pressure, no obligation.
- 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.
- Filing and service. I handle the paperwork, file the petition, and arrange service on your spouse.
- 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.
- 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
