Jacksonville Divorce FAQs | Florida Divorce Process, Alimony & Custody

Call (904) 396-5557 to talk to a Jacksonville divorce attorney. Same-day appointments available.

If you’re starting a divorce in Jacksonville, the questions below are the ones we hear every week. Florida divorce law changed substantially with Senate Bill 1416, which took effect July 1, 2023 and eliminated permanent alimony. The answers below reflect current law as of 2026.

Florida Divorce Basics

How many kinds of divorce are there in Florida, and what’s the difference?

Florida recognizes two procedural categories: contested and uncontested.

• Uncontested divorce: both spouses agree on every issue (property, debts, time-sharing, support). An agreement is signed and the divorce is finalized quickly. Uncontested divorces typically wrap in 4–6 weeks at lower cost.
• Contested divorce: spouses disagree on one or more issues. The case is referred to mediation; if that fails, it proceeds to trial where a judge decides the unresolved issues. Contested divorces typically take 6–12 months and longer for complex cases.

Florida is a no-fault state, meaning you don’t have to prove wrongdoing, only that the marriage is “irretrievably broken.”

Why is settling usually better than going to trial?

Settlement keeps the outcome under your control. At trial, a judge who has spent a few hours with your case makes binding decisions about your children, finances, and home. You and your spouse know your family far better than the court ever will. Settlement is also typically 60–80% cheaper than a full trial.

Sacks & Sacks is fully prepared to litigate when settlement isn’t possible, but our priority is achieving your goals while avoiding unnecessary cost and uncertainty.

Can unmarried parents establish visitation and child support?

Yes. Time-sharing and child support are available to all parents, regardless of marital status. Unmarried parents can file a petition under Florida’s paternity statutes to establish parental rights, time-sharing schedules, and child-support obligations through the same circuit court that handles divorces.

How can I get an affordable divorce with personal attention in Jacksonville?

Divorce doesn’t have to be expensive. Unlike larger firms where junior associates handle most of the work, at Sacks & Sacks every client speaks directly with attorney Adam Sacks. We offer flat-fee uncontested divorces and flexible payment plans for contested cases. Contact us or call (904) 396-5557 for a free consultation.

For broader family-law questions, see our Family Law FAQs.

Alimony (Spousal Support)

What is alimony, and how is it determined in Florida?

Alimony, also called spousal support, is a financial payment from one spouse to another after separation. Florida courts evaluate two threshold questions under Florida Statute §61.08:

1. Need: does the requesting spouse have a genuine financial need?
2. Ability to pay: does the other spouse have the capacity to pay?

If both are met, the court then weighs factors including the standard of living during the marriage, length of the marriage, age and health of both spouses, financial resources of each, contributions to the marriage (including homemaking and child-rearing), and the tax consequences of any award.^[2]

What types of alimony are available in Florida after SB 1416?

Florida’s 2023 alimony reform (SB 1416) eliminated permanent alimony. Four types remain:

• Temporary alimony: paid only while the divorce is pending, ending at final judgment.
• Bridge-the-gap alimony: short-term support to transition from married to single life. Capped at 2 years; non-modifiable.
• Rehabilitative alimony: funds a specific plan to acquire skills, education, or credentials needed for self-support. Maximum 5 years.
• Durational alimony: set-duration support, capped by marriage length:
  • Marriages under 3 years: not eligible
  • Short-term (3–10 years): up to 50% of marriage length
  • Moderate-term (10–20 years): up to 60% of marriage length
  • Long-term (20+ years): up to 75% of marriage length

A judge may order a combination depending on the facts of your case.^[3]

Can alimony be modified after the divorce is final?

Yes, in most cases. If circumstances substantially change (job loss, disability, retirement at normal age, a supportive relationship, or remarriage of the recipient), you can petition for modification. Bridge-the-gap alimony is the exception: by statute, it cannot be modified.

Child Custody & Time-Sharing

How is child custody (time-sharing) determined in Jacksonville?

Florida abolished the word “custody” in 2008. Today courts use time-sharing and parental responsibility. Under Florida Statute §61.13, judges evaluate 20 statutory factors with one overriding standard: the best interest of the child.^[4] Key factors include each parent’s capacity to provide a stable home, history of domestic violence or substance abuse, the child’s relationship with each parent, and the child’s school and community ties.

Both parents start with a presumption of shared parental responsibility, meaning major decisions (education, healthcare, religion) are made jointly. Sole responsibility is awarded only when shared responsibility would harm the child.

How much discretion does the judge have, and how does an attorney help?

Family-law judges in Duval County have broad discretion. Even with 20 listed factors, two judges can reach different conclusions on the same facts. A skilled attorney’s job is to frame the evidence so the strongest facts in your favor are clearly visible to the court, through proper pleadings, expert witnesses where needed, and well-prepared testimony.

Can a time-sharing schedule be modified later?

Yes, but the standard is high. You must prove a substantial, material, and unanticipated change in circumstances since the original order, AND that modification is in the child’s best interest. Common bases include parental relocation, a parent’s deteriorating health, or the child’s evolving needs.

Process, Assets & Other Common Questions

How does the divorce process begin in Florida?

One spouse (the petitioner) files a Petition for Dissolution of Marriage with the local circuit court. In Duval County, that is the Fourth Judicial Circuit at the Duval County Courthouse. The other spouse (respondent) is formally served and has 20 days to file an Answer. From there, the parties exchange financial disclosure, attempt to settle, and (if unresolved) proceed to mediation and ultimately trial.

What is the mandatory waiting period for a Florida divorce?

Florida law requires a 20-day waiting period between filing the petition and final judgment (Florida Statute §61.19). The purpose is to give both parties time to reconsider or finalize agreements. Truly uncontested divorces can be finalized on day 21; most cases take longer because of disclosure, settlement negotiation, or court calendars.

How are marital assets and debts divided?

Florida is an equitable distribution state, meaning assets and debts acquired during the marriage are divided fairly, not necessarily 50/50. Courts start with a presumption of equal division and then adjust based on factors including each spouse’s economic circumstances, contributions to the marriage (financial and non-financial), interruption of careers, and intentional dissipation of assets within the two years before filing.

Pre-marital property, gifts to one spouse, and inheritance generally remain separate property, unless they’ve been commingled with marital assets. High-net-worth divorces often turn on tracing and valuation issues that benefit from forensic accounting.

Can divorce agreements be modified after finalization?

Some terms can; others cannot. Child-related orders (time-sharing, child support) are always modifiable if a substantial change occurs. Alimony is modifiable except for bridge-the-gap. Property division is generally not modifiable once final. That is why getting the property settlement right the first time matters.

What happens if my spouse doesn’t respond to the petition?

If the served spouse fails to file an Answer within 20 days, the petitioner can move for a default judgment. The court can then enter a final judgment of dissolution based on the petitioner’s pleadings. Default divorces are typically the fastest route. The respondent retains certain rights to set the default aside if there’s a valid reason for not responding.

Is mediation required in Florida divorces?

In Duval County, yes. The Fourth Judicial Circuit requires mediation in nearly all contested family-law cases before trial. Mediation is confidential, far less expensive than litigation, and resolves the majority of cases. Attorney Adam Sacks is a Florida Supreme Court Certified Family Mediator with 25+ years of experience.

Sources

1. Florida Office of the State Courts Administrator, Family Court Statistical Reference Guide, settlement and trial rates. flcourts.gov
2. Florida Statute §61.08, Alimony. leg.state.fl.us
3. Florida Senate Bill 1416 (2023 Alimony Reform). flsenate.gov
4. Florida Statute §61.13, Parenting Plans & Time-Sharing. leg.state.fl.us