Jacksonville Divorce & Family Law Attorney

How long does a Florida divorce take?

An uncontested divorce in Florida is typically finalized in 4 to 6 weeks from the date the case is filed with the Clerk. Florida requires a mandatory 20-day waiting period between the date you file and the date the final hearing can be held. Contested divorces - where the spouses disagree on property, support, or parenting - usually take 6 to 18 months or longer.

How is child support calculated in Florida?

Florida uses the Income Shares Model under Florida Statutes §61.30. The court combines both parents' monthly net incomes, looks up the minimum monthly need on the statutory schedule based on the number of children, and divides that need between the parents in proportion to their incomes. When both parents have at least 20% of the overnights (73+ nights per year), a gross-up formula applies that multiplies the need by 1.5 and credits each parent for their time with the child.

Is Florida a 50/50 custody state?

Effective July 1, 2023, Florida law includes a rebuttable presumption that equal (50/50) time-sharing is in the best interest of minor children. A parent who wants a different arrangement must prove by a preponderance of the evidence that equal time-sharing is not in the children's best interest. Florida no longer uses the term custody - cases use time-sharing and a written parenting plan approved by the court.

How do I establish paternity in Florida?

Florida recognizes three ways to establish paternity: marriage, a signed Voluntary Acknowledgment of Paternity, which becomes binding 60 days after signing, or a court order entered in a paternity case under Florida Statutes Chapter 742. Putting a father's name on the birth certificate alone does not give him enforceable legal rights to time-sharing or decision-making.

How do I get a domestic violence injunction in Florida?

You file a sworn petition at the circuit court describing the specific acts that justify protection. No filing fee applies for a §741.30 domestic-violence petition. If the facts show an immediate and present danger, the judge can issue a temporary ex parte injunction the same day, lasting up to 15 days. A full hearing with both parties present typically follows within 15 days to decide whether a final injunction will issue, and for how long.

What makes a Florida prenuptial agreement enforceable?

Under Florida's Uniform Premarital Agreement Act (§61.079), a prenup must be in writing, signed voluntarily by both parties, and supported by full financial disclosure. Each party should have independent counsel, and the agreement must not be unconscionable. Signing too close to the wedding creates a presumption of duress that courts heavily scrutinize - thirty days minimum before the wedding is a safe benchmark; ninety days or more is better.

Can I modify my child support or parenting plan in Florida?

Yes, but the standard is strict. Florida requires a substantial, material, and unanticipated change in circumstances. For child support, the change must produce a guideline amount at least 15% or $50 different, whichever is greater, from the current order. Time-sharing modifications face an even higher bar and must also be in the child's best interest. Modifications apply only from the date the petition is filed, so filing promptly matters.