If you are contemplating a divorce or have been served with a petition for dissolution of marriage, you need to think about the short term and long term security of you and your children. Divorce can be an emotional and volatile event and you need a competent, qualified and experienced divorce attorney working for you. You may find that you have more questions than answers:

  • How much child support should I expect to receive or should I expect to pay?
  • What about spousal support or alimony?
  • Who will get custody of the children? How will this be determined?
  • What will happen to our property and investments?
  • How do you defend yourself in a divorce proceeding?
  • What are the Tax implications of a divorce?
  • What if my ex is planning on relocating to another city or state with the children?

Facing a Divorce in Jacksonville, FL?

Here at Parra Harris Law, we have over 25 years of combined experience and we handle all aspects of divorce and family law litigation issues including:

  • Child Support
  • Child Custody
  • Alimony
  • Property Division
  • Modification
  • Enforcement

We are happy to sit down with you and have a confidential family law consultation. We can help guide you through the immediate issues and help you put together a plan to meet the needs of you and your family.

 

Florida Divorce

Florida is a “no fault” state. This means you do not have to prove “fault” to get a divorce – e.g. adultery, abandonment, neglect, alienation of affection, etc.  You also do not have to wait to file for divorce or have a certain period of separation.

The grounds for a divorce in Florida follow Florida Statute, Chapter 61.052:

  1. The marriage is irretrievably broken or
  2. One of the spouses suffers mental incapacity

One of the parties must reside in Florida for a minimum of six months before filing for a petition for dissolution. However, there is no requirement that the couples live separate for a period of time prior to finalizing their dissolution.

Parra Harris Law will help you take necessary steps to pick up the pieces and get your life back in order.

Types of Florida Divorce

Uncontested:

A divorce in which the parties agree on all of the terms of their divorce as to child custody or timesharing, division of assets and debts, alimony, child support and other children’s expenses, attorney’s fees, etc. That agreement will be incorporated into a Consent Final Judgment of Dissolution of Marriage.

Contested:

A divorce where the parties do not agree on certain terms of the divorce. In a contested divorce the matters will be presented to a judge who will decide on the disputed matters.

Simple:

A simple divorce has particular requirements and the divorcing parties will meet with a judge to testify as to meeting the requirements and petition for the divorce.

Default:

A default divorce takes place when one party does not respond to the petition for divorce. Once that takes place the court can enter a default judgment for the petitioner.

 

At Parra Harris Law, we will advise you as to what is right for your situation. We can make sure that your process is just and your rights are protected.

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Divorce FAQs Answered by Parra Harris Law

To file for divorce in Jacksonville or anywhere in Florida, at least one spouse must have lived in the state for a minimum of six months prior to filing. This requirement can be proven with a Florida driver’s license, voter registration, or a sworn witness affidavit. Florida is a no-fault divorce state, meaning you do not need to prove wrongdoing. You only need to state that the marriage is “irretrievably broken.”

 

Divorces in Jacksonville are filed with the Duval County Clerk of Courts or, depending on your location, the Nassau or Clay County courts. Additional requirements may include completing a family law financial affidavit and providing mandatory financial disclosures. If children are involved, parenting courses and a formal parenting plan will also be required.

The timeline for a Florida divorce varies significantly depending on whether the case is contested or uncontested. An uncontested divorce — where both spouses agree on all issues — can be finalized in as little as 30 to 60 days. A contested divorce, involving disputes over custody, support, or property division, may take several months to over a year depending on complexity.

Factors that delay the process include court scheduling, financial disputes, parenting conflicts, business valuations, and uncooperative spouses.

No. Florida operates under a no-fault divorce system, meaning neither spouse must prove adultery, abandonment, or other misconduct to obtain a divorce. Simply stating that the marriage is irretrievably broken is sufficient.

However, certain forms of misconduct — such as wasting marital assets, domestic violence, or behavior affecting children — can influence the outcome of issues such as custody, alimony, and equitable distribution.

An uncontested divorce means both spouses agree on all major issues, including property division, alimony, timesharing, child support, and decision-making authority. These cases are typically faster, less expensive, and less stressful.

A contested divorce occurs when one or more issues are disputed. These cases may involve mediation, negotiation, discovery, depositions, and trial.

Yes. Even though mediation is designed to be cooperative, it is still important to have a divorce attorney protect your legal and financial interests. A lawyer can help you prepare for mediation, evaluate settlement proposals, explain your rights, and ensure any agreement is fair and enforceable under Florida law.

A divorce attorney is especially important when mediation involves complex finances, business ownership, retirement assets, alimony disputes, or child custody concerns.

Divorce mediation can help spouses resolve disputes more efficiently, privately, and cost-effectively than litigation. In Florida, mediation allows both parties to work with a neutral third-party mediator to negotiate issues such as property division, parenting plans, child support, and alimony outside of court.

Many couples prefer mediation because it encourages cooperation, reduces conflict, and gives both parties more control over the outcome instead of leaving decisions entirely to a judge. Mediation can also shorten the divorce timeline and help preserve healthier co-parenting relationships when children are involved.

Alimony depends on marriage length, financial circumstances, and standard of living. Florida law permits temporary, bridge-the-gap, rehabilitative, and durational alimony. Judges evaluate income differences, contributions to the marriage, age, health, and need.

Florida follows equitable distribution, meaning assets and debts are divided fairly but not necessarily equally. Marital property includes assets acquired during the marriage. Non-marital property includes pre-marital assets, inheritances, and certain gifts.

Yes. Modifications are allowed when there is a substantial, material, and unanticipated change in circumstances. Child-related changes must be in the child’s best interest. Financial shifts may justify support modifications.

Gather financial documents, evaluate housing and budgeting needs, and avoid major financial moves. Consult with a Jacksonville divorce attorney early to understand legal strategy and protection.

A divorce settlement resolves all issues including property, debts, alimony, child support, and parenting. Once approved by a judge, it becomes legally binding.

Florida does not recognize legal separation, but spouses may create separation agreements or file actions for support unconnected with dissolution.

Florida requires mandatory financial disclosure. Attorneys may use subpoenas, forensic accountants, and depositions to uncover hidden assets. Courts may penalize the offending spouse.

Adultery does not impact grounds for divorce but may influence alimony, asset division, or custody/timesharing if it affects finances or child welfare.

Costs vary but commonly include court filing fees, mediation expenses, and attorney fees. Uncontested divorces are significantly more affordable than contested cases.

Retirement assets are generally marital property if earned during the marriage. Some plans require a Qualified Domestic Relations Order (QDRO). Growth on accounts during the marriage is typically subject to division.

No. Mediation is a negotiation process, not a requirement to settle every issue. Spouses may reach agreements on some matters while leaving others unresolved for the court to decide. The mediator does not make decisions or force either party into an agreement.

 

If both spouses voluntarily reach a settlement, the terms are typically put into a written mediation agreement and submitted to the court for approval. If mediation is unsuccessful, the divorce case can continue through litigation.

Annulments declare a marriage invalid from the start and are only available in limited circumstances such as fraud or incapacity. Divorce is more accessible and applies when the marriage is irretrievably broken.