Jacksonville Divorce Lawyer
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Jacksonville Divorce Lawyer
If you are in need of a Jacksonville divorce lawyer, look no further than Sacks & Sacks. I’m local, affordable, and here for you. Call Adam Sacks at (904) 396-5557 for a free divorce consultation.
I have over 30 years of legal experience in family law and dissolution of marriage proceedings. A dissolution of marriage is a serious matter. Whether you are looking for a divorce attorney to assist you with property division, alimony, child support, or any legal matter related to your divorce, I am here for you.
Types of Divorce in Jacksonville, Florida
Not all divorces follow the same path. In Jacksonville, Florida, the legal system recognizes several types of divorce, each with its own process, timeline, and level of complexity. Whether both spouses agree on the terms, one party is unresponsive, or there are significant disputes or assets involved, the type of divorce determines how quickly and smoothly the case proceeds.
Consensual (Uncontested) Divorce
A consensual divorce, also known as an uncontested divorce, occurs when both spouses agree on all major issues, including property division, alimony, child custody, and support.
- Fast Divorce: This is the fastest and most cost-effective form of divorce in Florida. In many cases, it can be finalized in just a few weeks, especially when no minor children or significant assets are involved.
- Streamlined Process: Spouses may qualify for a simplified dissolution of marriage if they meet certain criteria (e.g., no children, are in mutual agreement, no alimony requested).
Default Divorce (Divorce by Publication)
A default divorce happens when one spouse files for divorce and the other fails to respond within the legal timeframe (typically 20 days in Florida).
- If the non-responding spouse cannot be located, the filing spouse may proceed through divorce by publication, where notice of the divorce is published in a local newspaper for a set period (usually 4 consecutive weeks).
- Reason for Use: Often used when a spouse is missing or avoiding service, this process allows the divorce to move forward even without the other party’s involvement.
Contested Divorce
A contested divorce arises when spouses disagree on one or more major issues.
- Disputes: Subjects of disagreement can include asset division, alimony, child custody, and visitation rights. Conflict regarding these issues can result in a costly, drawn-out legal battle.
- Court Involvement: Contested divorces typically involve hearings, discovery, and possibly a trial, making them more time-consuming, emotionally taxing, and expensive. If you feel that there are minor areas of disagreement, we provide divorce mediation representation to help you resolve conflicts regarding the terms of your divorce.
High Net Worth Divorce
A high net worth divorce involves significant assets such as real estate, business interests, investment accounts, retirement funds, and more.
- Complex Asset Division: Affluent divorces often require the involvement of financial experts, forensic accountants, and business valuation professionals for the division of property.
- Privacy and Strategy: Due to the stakes involved, the divorce process in these cases can be more contentious and are often handled with greater confidentiality and strategic negotiation.
A Jacksonville Judge in a Divorce Can:
- Divide marital property in the fairest way possible, considering all of the circumstances and the overall situation.
- Determine an amount for child support and/or spousal support/ alimony, and then enter an order for this amount.
- Order child visitation and custody. The judge tries to determine what is in the best interests of the minor children involved.
- Issue emergency orders in a timely manner after a motion is filed.
A Jacksonville Judge in a Divorce Can Not:
- Give all property to one party. Every divorce is different, with different circumstances, incomes, debts, and assets.
- Guarantee that both parties will remain civil to each other; therefore, since the court will not be there during parenting time, any changes or any issues will need to be addressed by filing a motion if the other party does not honor the court order regarding visitation time, custody, and parenting time, they may be found in contempt.
- Keep your standard of living the same. There are economic consequences when you divorce, and your standard of living will most likely change.
- Help you heal emotionally, or punish your ex for all of their perceived wrongdoings during the marriage. These are worked through in therapy, not in family court.
The Jacksonville Divorce Process
The divorce rate in Florida is less than half of what it was in 1990, but it still remains one of the highest in the nation. [1] More individuals are considering alternatives to divorce, but if you are reading this today, you may have already made your decision.
When you are trying to navigate the legal process of divorce in Jacksonville, you need an overview of the divorce process. Here is what you should expect from filing to final judgment.
1. Petition For Divorce
Either spouse may start the process by filing a petition for the dissolution of a marriage. This can be done at the circuit court of any location in which they both lived, or one of them lives. This petition must state that the marriage is “irretrievably broken,” and it must also state what is being asked by the court. The one that files first is known as “the petitioner” throughout the case. These forms may be found on the Florida Courts Website.
2. Serve The Divorce Papers
Divorce papers can be delivered in several ways. You may serve them yourself, serve them via someone approved by the court, hire a professional process server, or have the county sheriff serve the divorce papers. If the individual can not be located or is located in a different country, the process becomes much more difficult. The respondent has 20 days from receiving the divorce papers to respond.
3. Request Any Temporary Orders – If Needed
You can make any temporary orders during the divorce proceedings. These requests can be related to child support, spousal support, child custody, visitation, and even attorney fees. If a request is granted by a court judgment in Florida, it will stand until they are superseded by another court judgment.
4. Financial Disclosure
Financial disclosures can be tediously time-consuming. Yet, it is one of the most important steps in any divorce proceeding. It is how the court will divide assets and debt, but the court needs to know the “real” number. If you try to hide assets or wealth, a court can find you in contempt, and a judge may impose a heavy fine and award attorney fees incurred for having to bring the motion.
5. Discovery of Evidence
Discovery is a process for obtaining case information for either you or your spouse. During this phase, all financial information must be provided, such as pay stubs, bank statements, tax returns, medical records, or any other records that are necessary.
6. Divorce Settlement/Negotiations
Before going to trial, it is always best for both parties to negotiate a settlement. A settlement can not be reached until both parties agree on every issue surrounding the divorce. These include child custody, child support, debt allocation, attorney fees, spousal support, property division, and visitation.
7. Divorce Hearing
Both parties get to present their cases within the divorce hearing after the judge hears both sides and makes a ruling on any issues that were not resolved in the negotiation process.
8. Post-Judgment
After any divorce, there is a to-do list; it can range from closing joint bank accounts, changing vehicle titles, the division of assets, updating estate plans, and more.
Reasons Jacksonville Couples Divorce
Jacksonville, Florida, faces a relatively high divorce rate compared to other Florida regions.
Here are some of the common reasons Jacksonville couples decide to part ways:
- Lack of Commitment: A significant number of divorces stem from one or both partners no longer investing effort into the relationship. This includes neglecting quality time, failing to support each other’s goals, or taking the relationship for granted.
- Infidelity: Extramarital affairs, whether emotional or physical, erode trust and are a common catalyst for divorce. Rebuilding trust post-infidelity is challenging and often leads couples to separate.
- Communication Breakdown: Poor communication, including constant arguing and inability to resolve conflicts, is a prevalent reason for marital dissolution. Couples who struggle to express their needs and listen to each other often find their relationships deteriorating.
- Financial Strain: Disagreements over money, debt, and financial priorities can create significant tension in a marriage. Financial incompatibility or stress is frequently cited as a reason for divorce.
- Incompatibility and Growing Apart: Over time, couples may realize they have diverging values, interests, or life goals, leading to feelings of disconnect and the decision to part ways.
- Domestic Violence and Abuse: Abusive relationships that cause physical, emotional, or psychological harm, understandably, lead individuals to seek divorce for safety and well-being.
- Substance Abuse and Addiction: Addiction issues can strain relationships, leading to trust issues, financial problems, and emotional distress, often resulting in divorce.
- Lack of Intimacy and Sexual Incompatibility: A decline in physical intimacy or mismatched sexual desires can cause partners to feel unfulfilled, prompting some to end the marriage.
- Unrealistic Expectations: When the realities of marriage don’t align with one’s expectations, disappointment can set in, leading to dissatisfaction and divorce.
Residency Requirements for a Jacksonville Divorce
Under Section 61.021 of the Florida Statutes, at least one spouse must have resided in Florida for a minimum of six months before filing for divorce. This residency must be both physical and with the intent to make Florida a permanent home. If you have questions about a military divorce, we can help you determine where to file.
Filing in Duval County
While Florida law doesn’t mandate a specific county for filing, it’s customary to file in the county where either spouse resides. Therefore, if you or your spouse lives in Duval County, this is where you can file.
Proving Residency
To demonstrate residency, you can provide:
- A valid Florida driver’s license or state ID issued at least six months before filing.
- A Florida voter registration card.
- A Florida vehicle registration.
- A lease or mortgage agreement in Florida.
- Utility bills or bank statements with a Florida address.
- An affidavit or testimony from a third party confirming your residency.
Waiting Period
Florida law requires a 20-day waiting period from the date the divorce petition is filed before a final judgment can be entered. This period allows for the possibility of reconciliation
Is Annulment an Option in Jacksonville?
An annulment is a legal declaration that a marriage was invalid from the start, meaning it was never legally binding. Unlike a divorce (which ends a valid marriage), an annulment treats the marriage as though it never existed.
Grounds for Annulment in Florida
Florida does not have specific annulment statutes, so annulments are based on case law (court decisions) and require strong legal grounds. Valid reasons for annulment include:
- Bigamy: One spouse was already legally married to someone else.
- Underage Marriage: One or both parties were underage and didn’t have proper consent.
- Lack of Mental Capacity: A spouse was mentally incapacitated at the time of marriage.
- Fraud or Duress: One party was forced, tricked, or misled into the marriage.
- Impotence: If one spouse is permanently and incurably impotent and the other spouse was unaware.
- Lack of Consent: Due to intoxication or drugs, a spouse couldn’t legally consent to the marriage.
Invalid Grounds for Annulment
- Incompatibility
- Irreconcilable differences
- Infidelity after the marriage
(These may be reasons for divorce, but not for annulment.)
Children & Custody in Jacksonville Divorces
When children are involved, divorce becomes more than a legal separation, it’s about building a stable future for the kids. In Jacksonville, custody decisions are made with the child’s best interests as the top priority, and Florida law emphasizes shared parental responsibility whenever possible.
Types of Custody in Florida
Florida has been using the words “custody” or “visitation” less and is using the following terms more often:
- Parental Responsibility: Who makes major decisions about the child’s welfare (education, health, religion, etc.).
- Time-Sharing: The schedule that determines when the child spends time with each parent.
Shared vs. Sole Parental Responsibility
- Shared Parental Responsibility is the default in most cases. Both parents must consult and agree on major decisions regarding the child.
- Sole Parental Responsibility may be granted if shared responsibility would be harmful to the child, as in cases involving abuse or substance abuse.
Creating a Parenting Plan
Florida law requires divorcing parents to submit a parenting plan that outlines:
- A detailed time-sharing schedule
- Communication methods between parent and child
- How parents will make joint decisions
- How will extracurricular and medical responsibilities be handled
This plan must be approved by the court and tailored to the specific needs of the child. I can help you with your parenting plan. Just fill out the contact form.
Factors Courts Consider in Custody Decisions
Judges in Jacksonville evaluate a variety of factors, including:
- Each parent’s ability to support the child’s emotional, developmental, and educational needs
- The moral fitness and mental/physical health of each parent
- The child’s ties to home, school, and community
- Each parent’s willingness to encourage a relationship between the child and the other parent
- Any evidence of domestic violence or substance abuse
Can Children Choose Who They Live With?
Co-parenting options are influenced by a child’s preference if they are mature enough to express a reasoned opinion, but it is not the sole factor. The final decision rests with the judge.
Child Support
Child support is calculated using Florida’s standard Child Support Guidelines, which take into account: [2]
- Both parents’ income
- Number of overnights with each parent
- Health insurance and childcare costs
The non-custodial parent usually pays child support, but arrangements vary based on the time-sharing agreement.
Why You Should Use Sacks & Sacks for Your Jacksonville Divorce?
You need someone on your side, someone who will fight tirelessly for you and your rights. Someone who is available when you need them. That someone is Adam Sacks, of Sacks and Sacks in Jacksonville, Florida.
Sacks & Sacks offers:
- Adaptable payment options (including payment plans)
- Evening, Saturday, Sunday, and holiday appointments available
- We are open now and have 24/7 availability for divorce and family law cases
- 100% Virtual consultations available online
- And we treat you like a person with individual attention and not just another case
Divorce is Unpredictable, and No Two Cases are the Same!
If you are considering a dissolution of marriage, you need to consult with our Jacksonville divorce lawyer as soon as possible. Divorce does not come with any guarantees; you need someone with experience and knowledge representing you, so that you can get the best possible outcome.
At Sacks and Sacks, we treat every client like family, and we are available around the clock when you need us. We offer affordable pricing, flexible payment plans, and personal service that can not be found anywhere else.
Children are always welcome, and we understand finding last-minute child care is not always an option. Consultations can be handled remotely as well as in our office.
Call the Sacks and Sacks & Sack at (904) 396-5557 today for your free consultation. See how we can help you with your divorce proceedings.
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[1] CDC/NCHS, National Vital Statistics System. (2023). Divorce rates by State: 1990, 1995, and 2000-2023. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-00-23.pdf
[2] Florida Supreme Court. (n.d.). Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet. https://www.flcourts.gov/content/download/685815/file_pdf
Our Office Location
Law Offices of Sacks & Sacks, P.A.
1646 Emerson St. Suite B
Jacksonville, FL 32207
(904) 396-5557
