Jacksonville Divorce Lawyer — Protecting Your Family’s Future
Divorce is one of the most difficult decisions a person can face. At Phillips, Hunt & Walker, we understand that ending a marriage involves far more than legal paperwork — it affects your children, your finances, your home, and your sense of stability. Our Jacksonville divorce attorneys bring decades of trial experience to family law matters, providing the same aggressive advocacy we bring to personal injury and criminal defense cases.
Whether you are considering divorce, have already been served with papers, or need to modify an existing order, our team is here to guide you through every step of the process under Florida law.
Florida Divorce Requirements
Florida is a no-fault divorce state. Under Florida Statute § 61.052, you do not need to prove adultery, abuse, or any other specific wrongdoing to end your marriage. The only ground for dissolution of marriage in Florida is that the marriage is “irretrievably broken.” This means neither spouse has to assign blame — the court simply needs to find that the marriage cannot be saved.
To file for divorce in Florida, at least one spouse must have been a resident of the state for a minimum of six months before filing the petition. Residency can be established through a Florida driver’s license, voter registration, affidavit of a third party, or other evidence of domicile in the state.
Once a Petition for Dissolution of Marriage is filed with the circuit court in Jacksonville (Duval County), there is a mandatory 20-day waiting period before the court can finalize the divorce. In practice, most contested cases take significantly longer — often six months to over a year — depending on the complexity of the issues involved.
Types of Divorce in Florida
Simplified Dissolution of Marriage
Florida offers a simplified dissolution process for couples who meet all of the following criteria: both spouses agree the marriage is irretrievably broken, there are no minor or dependent children and the wife is not pregnant, the parties have agreed on the division of all assets and debts, neither party is seeking alimony, and both parties are willing to waive their right to a trial and appeal. Both spouses must appear together at the final hearing. While this is the fastest path to divorce in Florida, it is not appropriate for most cases involving significant assets, retirement accounts, or children.
Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all major issues — property division, alimony, parenting plans, and child support. Even though the parties agree, it is critical to have experienced legal counsel review any proposed settlement to ensure your rights are fully protected. We have seen too many cases where one spouse agreed to unfavorable terms without fully understanding the long-term financial consequences, particularly regarding retirement assets, tax implications, and future earning capacity.
Contested Divorce
When spouses cannot agree on one or more major issues, the divorce becomes contested. These cases may require depositions, financial discovery, subpoenas, expert witnesses, mediation, and potentially a full trial before a judge. At Phillips, Hunt & Walker, our Board Certified civil trial attorneys are prepared to take your case to court when negotiation fails. We have spent decades in courtrooms across Northeast Florida, and we do not back down from difficult litigation.
High-Asset and Complex Divorce
Divorces involving substantial marital estates present unique challenges. When business interests, professional practices, investment portfolios, multiple real estate holdings, stock options, deferred compensation, or significant retirement accounts are involved, the process of identifying, valuing, and equitably dividing these assets requires careful forensic analysis. Our firm works with forensic accountants, business valuation experts, and financial planners to ensure that hidden assets are uncovered, complex valuations are accurate, and the division of property is truly equitable. In high-asset cases, the difference between competent representation and inadequate representation can mean hundreds of thousands of dollars.
Property Division in Florida — Equitable Distribution
Florida follows the principle of equitable distribution under Florida Statute § 61.075, which means marital assets and liabilities are divided fairly — but not necessarily equally. The starting point is an equal (50/50) division, but the court can deviate from that based on a number of statutory factors.
The court considers the duration of the marriage, the economic circumstances of each spouse, each spouse’s contribution to the marriage (including homemaking, child care, and support of the other spouse’s career or education), any interruption of personal careers or educational opportunities, the contribution of each spouse to the acquisition, enhancement, and production of income from marital and non-marital assets, the desirability of retaining any particular asset — such as the family home or a closely held business — intact and free from claim or interference by the other party, each spouse’s contribution to the accumulation of marital assets and liabilities, and the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within two years before the filing.
Marital property includes virtually all assets and debts acquired during the marriage, regardless of whose name is on the title. This includes the marital home, vehicles, bank accounts, retirement accounts (401(k)s, IRAs, pensions), investment accounts, business interests acquired during the marriage, and debts incurred during the marriage.
Non-marital (separate) property generally includes assets owned before the marriage, gifts or inheritances received by one spouse individually, and income derived from non-marital assets (if kept separate). However, separate property can become “commingled” — and therefore subject to equitable distribution — if it is mixed with marital funds. For example, depositing an inheritance into a joint bank account used for household expenses may convert that inheritance into marital property. Protecting non-marital assets requires careful documentation and legal strategy.
Child Custody and Parenting Plans in Florida
Florida law does not use the traditional terms “custody” and “visitation.” Instead, the state uses parental responsibility and time-sharing under Florida Statute § 61.13. This shift in terminology reflects the state’s emphasis on both parents remaining actively involved in their children’s lives.
In most cases, the court awards shared parental responsibility, meaning both parents participate equally in major decisions about the child’s education, healthcare, religious upbringing, and general welfare. In rare cases involving abuse, neglect, or a demonstrated inability to act in the child’s best interest, the court may award sole parental responsibility to one parent.
Every divorce involving minor children requires a detailed parenting plan that addresses the daily time-sharing schedule (weekdays, weekends, overnights), holiday and school vacation schedules, protocols for communication between the child and the non-residential parent, transportation arrangements for exchanges, decision-making authority for education, healthcare, and extracurricular activities, and procedures for resolving disagreements between the parents.
The court determines parenting plans based on the best interests of the child, considering over twenty factors set forth in the statute, including the demonstrated capacity and disposition of each parent to facilitate a close and continuing relationship between the child and the other parent, the anticipated division of parental responsibilities after the litigation, the demonstrated capacity of each parent to maintain a consistent routine, the mental and physical health of all individuals involved, the home, school, and community record of the child, the reasonable preference of the child (if the child is of sufficient maturity), evidence of domestic violence, substance abuse, or child abuse, the particular parenting tasks customarily performed by each parent, and each parent’s ability to keep the child’s needs above their own conflict with the other parent.
As a father of three boys, our founding attorney John Phillips understands what is at stake when children’s lives are affected by divorce. We fight to protect the parent-child relationship and to ensure that parenting plans serve the real needs of your family — not just the legal minimums.
Child Support in Florida
Child support in Florida is calculated using statutory guidelines under Florida Statute § 61.30. The formula is based on a mathematical model that considers both parents’ net monthly incomes, the number of overnights each parent has under the time-sharing schedule (overnight adjustments can significantly affect the amount), the cost of the child’s health insurance, the cost of daycare or after-school care necessary for the parent’s employment, and any other special needs of the child.
While the guidelines provide a presumptive amount, the court can deviate from the calculated figure by up to 5% without making specific findings, and by more than 5% if the court provides written reasons. Common reasons for deviation include extraordinary medical or educational expenses, seasonal variations in income, the age of the child, special needs, and the particular shared parental arrangement in place.
Our attorneys ensure that all income sources are properly disclosed — including bonuses, commissions, rental income, and income from self-employment — and that the support calculation accurately reflects both parents’ true financial situations. In cases involving a spouse who is voluntarily underemployed or unemployed, the court may “impute” income based on that person’s earning capacity.
Alimony and Spousal Support
Florida recognizes several types of alimony under Florida Statute § 61.08, as significantly amended by Senate Bill 1416, which took effect on July 1, 2023. This legislation made the most sweeping changes to Florida alimony law in decades.
Bridge-the-Gap Alimony
Designed to help a spouse transition from married to single life by covering identifiable short-term needs. Limited to a maximum of two years and cannot be modified in either amount or duration.
Rehabilitative Alimony
Intended to help a spouse obtain education, training, or work experience necessary to become self-supporting. Requires a specific, defined rehabilitative plan — the court will not award rehabilitative alimony based on vague or speculative goals. May be modified if the receiving spouse fails to follow the plan or if circumstances change.
Durational Alimony
Available for marriages lasting more than three years. The duration of durational alimony is capped at a percentage of the marriage’s length: 50% for short-term marriages (less than 10 years), 60% for moderate-term marriages (10 to 20 years), and 75% for long-term marriages (20 years or more). The amount of durational alimony cannot exceed 35% of the difference between the parties’ net incomes.
Permanent Alimony — Eliminated
Florida’s 2023 alimony reform eliminated permanent alimony for all new cases. This was a major change that affects the financial planning of every divorce filed after July 1, 2023. Additionally, existing permanent alimony awards may be subject to modification or termination under certain circumstances outlined in the new law, including the retirement of the paying spouse at the typical retirement age for their profession.
The court considers the standard of living established during the marriage, the duration of the marriage, each spouse’s age, physical condition, mental condition, and emotional condition, the financial resources of each spouse, the earning capacity, educational level, vocational skills, and employability of each spouse, the contribution of each spouse to the marriage (including homemaking, child care, education, and career building of the other spouse), the responsibilities each spouse will have with regard to minor children, and all sources of income available to either spouse.
Domestic Violence and Divorce
If domestic violence is a factor in your divorce, your safety is the absolute top priority. Florida law provides for injunctions for protection against domestic violence under Florida Statute § 741.30, which can be obtained on an emergency (ex parte) basis — meaning the court can enter a temporary injunction the same day you file the petition, without the abuser being present.
A domestic violence injunction can require the abusive spouse to vacate the shared residence immediately, have no direct or indirect contact with you or your children, stay a specified distance away from your home, workplace, and children’s school, surrender all firearms and ammunition to local law enforcement, attend a batterer’s intervention program, and pay temporary child support and/or alimony. Our firm has extensive experience handling cases involving domestic violence, and we work to ensure that protective measures are in place before and during the divorce process. We take these matters seriously and act quickly.
The Divorce Process Step by Step
Understanding the typical divorce timeline can help manage expectations and reduce anxiety during an already stressful time. Here is what to expect when you file for divorce in Jacksonville.
Step 1: Initial Consultation. Meet with one of our divorce attorneys to discuss your situation, goals, and concerns. We will explain your rights under Florida law and outline a strategy tailored to your specific circumstances. We will also advise you on immediate steps to protect yourself financially, such as gathering financial documents and establishing separate bank accounts if necessary.
Step 2: Filing the Petition. One spouse (the “petitioner”) files a Petition for Dissolution of Marriage in the Circuit Court of the Fourth Judicial Circuit (Duval County). The other spouse (the “respondent”) must be formally served with the petition and has 20 days to file a response. If the respondent fails to respond, the petitioner may seek a default judgment.
Step 3: Mandatory Financial Disclosure. Both parties are required to exchange mandatory financial disclosures under Florida Family Law Rule 12.285, including a Financial Affidavit listing all income, expenses, assets, and debts. Supporting documents must be exchanged, including tax returns, pay stubs, bank statements, and investment account statements. Full transparency is required — deliberately hiding assets can result in severe sanctions, including the court awarding the hidden assets entirely to the other spouse.
Step 4: Discovery and Investigation. In contested cases, both sides may conduct formal discovery — depositions, interrogatories, requests for production of documents, and subpoenas to third parties (such as employers or financial institutions). In complex cases, forensic accountants or business valuation experts may be retained.
Step 5: Mediation. Most Florida courts require mediation before a contested divorce can proceed to trial. Mediation involves a neutral third-party mediator who helps the spouses negotiate a resolution. Mediation is often effective — a significant percentage of contested divorces settle at this stage. However, mediation is not appropriate in all cases, particularly those involving domestic violence or extreme power imbalances.
Step 6: Trial. If mediation fails, the case proceeds to trial, where a judge (not a jury) will decide all unresolved issues — property division, alimony, parenting plans, and child support. Our trial attorneys have spent decades presenting compelling arguments in courtrooms across Northeast Florida. We prepare every case as if it is going to trial, because that preparation is what produces the best results — whether the case settles or not.
Step 7: Final Judgment. Once all issues are resolved — either by agreement at any stage or by the court’s ruling after trial — the judge enters a Final Judgment of Dissolution of Marriage. This is the official legal end of your marriage and becomes a binding court order governing all terms of the divorce.
High-Asset and Complex Divorce in Jacksonville
When significant assets are involved, divorce becomes substantially more complex. High-asset divorces in Duval County often involve business valuations, professional practices, executive compensation packages with stock options and deferred bonuses, multiple real estate holdings, retirement accounts, and investment portfolios. Florida law requires equitable distribution of all marital assets under Section 61.075, Florida Statutes, but determining what qualifies as marital property versus non-marital property — and establishing accurate valuations — demands forensic accounting expertise and experienced legal counsel.
Business Valuation and Professional Practices
If either spouse owns a business or professional practice, valuation is frequently the most contested issue in the divorce. Florida courts accept multiple valuation methodologies — including the income approach, market approach, and asset-based approach — and the choice of method can produce dramatically different results. Goodwill, both enterprise and personal, must be addressed. Attorney John Phillips works with certified valuation analysts and forensic accountants to ensure that business interests are accurately appraised and that hidden income or undervalued assets do not deprive you of your fair share of the marital estate.
Retirement Accounts and Deferred Compensation
Dividing retirement assets requires careful attention to both legal and tax implications. Qualified plans such as 401(k) accounts and pension plans require a Qualified Domestic Relations Order (QDRO) to divide without triggering early withdrawal penalties or adverse tax consequences. Non-qualified deferred compensation, stock options, and restricted stock units present additional complexity because their value may depend on future vesting schedules and employment conditions. Military retirement benefits, government pensions, and survivor benefit plans each have their own division rules and timelines. Phillips, Hunt & Walker coordinates with qualified plan administrators and financial professionals to protect your retirement security during and after the divorce process.
Hidden Assets and Dissipation of Marital Funds
Unfortunately, some spouses attempt to hide assets or dissipate marital funds in anticipation of divorce. Common tactics include transferring money to family members or friends, underreporting business income, overpaying the IRS to receive refunds after the divorce is finalized, purchasing luxury items intended for resale, and creating fictitious debts. Florida courts take dissipation seriously. Under Section 61.075(1)(i), Florida Statutes, a court may consider the intentional dissipation, waste, or destruction of marital assets after the filing of the petition or within two years prior to filing. Our attorneys use forensic discovery tools, subpoenas, and financial experts to trace hidden assets and ensure that the final property division accurately reflects the full marital estate.
Divorce Mediation and Alternative Dispute Resolution in Florida
Florida courts strongly encourage — and in many circuits require — mediation before a contested divorce proceeding goes to trial. Understanding your options for resolving disputes outside the courtroom can save significant time, money, and emotional strain.
Court-Ordered Mediation
Under Florida Family Law Rule of Procedure 12.740 and Section 44.102, Florida Statutes, the court may order mediation of any contested issue in a dissolution case, including equitable distribution, alimony, parenting plans, and child support. A certified family mediator facilitates negotiations between the parties, helping them reach voluntary agreements without a judge making the final decision. Mediation is confidential — nothing said during mediation can be used as evidence at trial if settlement fails. In Duval County, the Fourth Judicial Circuit typically orders mediation before trial on contested matters, and judges frequently view good-faith participation in mediation favorably when making discretionary rulings.
Collaborative Divorce
Collaborative divorce is a voluntary process governed by the Florida Collaborative Law Process Act (Section 61.55–61.58, Florida Statutes) in which both spouses and their attorneys commit to resolving all issues through negotiation rather than litigation. Each party signs a participation agreement, and if the collaborative process fails and litigation becomes necessary, both attorneys must withdraw — creating a strong incentive for all participants to negotiate in good faith. Collaborative divorce often involves a team of professionals including financial neutrals, child specialists, and divorce coaches who help the family reach comprehensive agreements that address both the legal and emotional dimensions of the dissolution.
When Litigation Is Necessary
Not every divorce can be resolved through mediation or collaboration. When one spouse refuses to negotiate in good faith, hides assets, violates court orders, or when domestic violence creates an imbalance of power that makes voluntary negotiation unsafe, litigation becomes necessary to protect your interests. Attorney John Phillips and the team at Phillips, Hunt & Walker are prepared to try your case before a judge when negotiation has been exhausted. Our trial experience — including a track record of contested family law proceedings in the Fourth Judicial Circuit — ensures that you have aggressive, experienced representation if your case must be decided in court.
Modifications After Divorce
Life does not stop after a divorce decree is entered. Changes in income, job loss, relocation, remarriage, changes in a child’s needs, or health issues may require modification of time-sharing schedules, child support, or alimony orders. Under Florida law, you must demonstrate a substantial, material, and unanticipated change in circumstances to modify an existing order. The change must also be one that was not contemplated at the time of the original order.
Common grounds for modification include a significant change in either parent’s income, a parent’s need to relocate more than 50 miles from the current residence (which requires court approval under Florida’s relocation statute, § 61.13001), a change in the child’s educational, medical, or developmental needs, and the retirement of the spouse paying alimony (under the 2023 reform, this is now an explicit ground for modification or termination).
Our firm handles post-judgment modifications throughout Northeast Florida to ensure that court orders continue to reflect your family’s current reality.
Frequently Asked Questions About Divorce in Jacksonville
How long does a divorce take in Florida? An uncontested divorce can be finalized in as little as 30 to 45 days after filing. A contested divorce typically takes 6 to 12 months, and complex cases involving significant assets or bitter custody disputes can take longer. The mandatory 20-day waiting period after filing applies to all cases.
How much does a divorce cost in Jacksonville? The cost depends entirely on the complexity of your case and the level of conflict between the spouses. Uncontested divorces are significantly less expensive than contested cases requiring extensive discovery and trial preparation. We provide transparent fee estimates during your initial consultation and work to resolve cases as efficiently as possible without sacrificing your rights.
Can I get divorced if my spouse does not want to? Yes. Florida is a no-fault state, and only one spouse needs to believe the marriage is irretrievably broken. Your spouse cannot prevent you from obtaining a divorce — they can only contest the terms (property division, alimony, custody), not the divorce itself.
Will I lose my house in a divorce? Not necessarily. The marital home is subject to equitable distribution, but the court has several options: awarding the home to one spouse (often the parent with primary time-sharing), ordering the home to be sold and the proceeds divided, or allowing one spouse to buy out the other’s interest. The outcome depends on the specific circumstances of your case, including the equity in the home, each spouse’s financial ability to maintain it, and the children’s stability.
Do mothers always get custody in Florida? No. Florida law does not favor either parent based on gender. The court’s sole consideration is the best interests of the child. In recent years, Florida courts have increasingly moved toward equal or near-equal time-sharing arrangements when both parents are fit and willing. Our firm has successfully represented both mothers and fathers in custody disputes.
Is Florida a 50/50 divorce state? Florida starts with the presumption of an equal split of marital assets, but the court can — and often does — deviate from 50/50 based on the statutory factors listed above. Florida is an “equitable distribution” state, which means “fair” — not necessarily “equal.”
Related Practice Areas
Life rarely presents one legal challenge at a time. If you or a family member has been injured in an accident during or after a divorce, our Jacksonville personal injury attorneys fight for the compensation your family needs to recover. When a spouse or family member faces criminal charges that complicate custody or property proceedings, our criminal defense lawyers bring Board Certified trial skills to protect their rights. From car accidents to wrongful death claims, Phillips, Hunt & Walker provides full-service legal representation so you never have to coordinate between multiple firms.
Why Choose Phillips, Hunt & Walker for Your Divorce
Choosing a divorce lawyer is one of the most important decisions you will make during this process. At Phillips, Hunt & Walker, we bring something no other family law firm in Jacksonville can match: two Board Certified attorneys under the same roof — one certified in Civil Trial Law and one in Marital and Family Law.
Our partner Matt Hunt is Board Certified by The Florida Bar in Marital and Family Law. Board Certification is The Florida Bar’s highest level of recognition of an attorney’s competence and experience in a specific area of law. Fewer than 1% of Florida attorneys hold any Board Certification. When Matt handles your divorce, you are working with a lawyer whose family law expertise has been independently verified through rigorous examination and peer review by The Florida Bar — not just someone who “also does” family law.
Our founding attorney, John Phillips, is Board Certified in Civil Trial Law — one of the youngest attorneys in Florida history to earn that designation. He holds an AV-Preeminent rating from Martindale-Hubbell (the highest distinction for legal ability and ethical standards), has been named a Florida Super Lawyer, selected to Florida Trend Magazine’s “Legal Elite” (limited to the top 1% of attorneys in the state), and was named one of the Top 200 Lawyers in America and one of the Top 20 Lawyers in Florida by the Forbes Editorial Board. When your contested divorce requires trial advocacy, you have a proven courtroom attorney — one who obtained a $495 million jury verdict, one of the largest in American history — ready to step in.
This combination means your case is handled by a true family law specialist who knows the nuances of Florida divorce law inside and out, backed by a trial attorney with a track record that insurance companies and opposing counsel take seriously. Very few firms in Florida — let alone Jacksonville — can offer this level of dual expertise.
Transparent Fees — No Hidden Costs
At Phillips, Hunt & Walker, we believe in honest billing. We do not charge clients for copy costs, and we do not charge interest on expenses — practices that have become increasingly common at other firms and can add hundreds or thousands of dollars to your final bill. When you hire us, more of your money goes toward results, not administrative padding. We provide clear fee estimates at your initial consultation so there are no surprises.
We handle divorce cases for clients throughout the Jacksonville metropolitan area, including Duval, Clay, St. Johns, Nassau, and Baker counties. We believe in being direct with our clients about the challenges ahead, and we commit to being beside you every step of the way.
Call Phillips, Hunt & Walker today at (904) 444-4444 or contact us online to schedule your free consultation with a Jacksonville divorce attorney.