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Jacksonville Divorce Attorney Nearly 30 Years of Experience on Your Side

Divorce Law Firm in Jacksonville

Over 30 Years of Experience Guiding Clients Through Divorce 

As an experienced divorce lawyer in Jacksonville, FL, I can relieve you of the stress and burdens that accompany your case. 

Divorce in Florida has specific steps and laws that must be followed and I can help inform you of these legal regulations.

Why Hire My Law Firm?

  • Backed by Nearly 30 Years Of Experience
  • Board Certified in Marital & Family Law
  • Certified Family Law Mediator
  • BV® Rated by Martindale-Hubbell®
  • Elected as Chairman of Jax Bar Family Law Section 2003-2010

The topic of divorce is no longer one that is shunned or looked down upon. It is still, however, an all-consuming and difficult procedure that can break apart even the strongest of families. It is important to take into account all elements and proceed with caution. 

Every maneuver to navigate the process can affect the outcome of the FL divorce.

Call (904) 849-5183 or contact us online to schedule a consultation with our Florida divorce lawyers.

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What Should I Consider Before Filing for Divorce in Florida?

Filing for divorce in Jacksonville is a significant, life-changing legal action. By considering some aspects, Florida couples can have a more practical approach to divorce and come to a settlement without litigation.

One of the first things to evaluate is the current state of your finances, both assets and liabilities. 

By knowing exactly where the individual and joint finances stand, you will be able to get a better understanding on the costs involved in maintaining separate households.

  • Will each party be responsible for their own finances or will one party be required to pay support?
  • How will assets and debts be divided?
  • If one spouse left work to care for the children, what will be required to get that spouse back into the workforce so he or she can earn the income needed to meet the household budget?
  • Will alimony and/or child support payments need to be made to maintain the standard of living enjoyed during the marriage?
  • Who will get the family home, if anyone?
  • Will it be sold or will one party retain ownership?

For couples who have children from the marriage, you will also need to take into consideration what living arrangement will be most beneficial to the children.

  • Will the parents in the same area so the children do not need to change schools, be distant from family, friends and activities?
  • What parenting plan will cause the least disruption to the children's routine, while still allowing them to have regular access to both parents?
  • How will matters pertaining to education, health, religion, and overall upbringing be resolved?

With so many points to consider in filing for divorce, and state law regarding parenting, child support, spousal support and property division, it is in your best interest to consult with a skilled Florida divorce lawyer if you are considering filing.

Have you already filed for divorce, but are having second thoughts? You may be interested in reading our blog, "Can I Put My Divorce on Hold if I've Already Filed?"

What Types of Divorce Can You File in Florida?

There are generally two types of divorce proceedings in Florida:

  • Uncontested Divorce: In an uncontested divorce, both spouses agree on all major issues, such as division of assets, debts, child custody, and support. This type of divorce tends to be quicker and less expensive, as it often avoids a lengthy court process.
  • Contested Divorce: When spouses cannot agree on one or more issues, the divorce is considered contested. This type typically requires more time, legal intervention, and court appearances to resolve disagreements. A contested divorce can become complex and emotionally taxing, underscoring the importance of skilled legal representation.

How to File for Divorce in Florida?

If you are considering filing for divorce in Jacksonville, Florida, it's important to understand the process and the specific requirements under FL laws

Here is a step-by-step guide on how to file in FL:

Meet the residency requirement. 

  • At least one spouse must have resided in the state for at least six months prior to filing or a member of the armed forces who is stationed in the state.

Determine the grounds for divorce. 

  • Florida is a no-fault divorce state, meaning you can file without assigning blame to either spouse. If both spouses agree that there are irreconcilable differences that warrant the dissolution of marriage, the process can begin.

Gather necessary documents. 

File the petition. 

  • The first step in initiating the process is to file a Petition for Dissolution of Marriage with the circuit court in Jacksonville. You will need to pay the filing fee unless you qualify for a fee waiver based on financial hardship.

Serve the petition. 

  • After filing, the other spouse must be served with a copy of the petition and related documents according to the rules of service in Florida. The other spouse is then required by law to respond to or answer the petition within 20 days from the service of process date. This can be accomplished either through: 
    • Process server 
    • Certified mail

Financial disclosure. 

  • Both spouses are required to complete financial affidavits and exchange full financial disclosures. Failure to provide accurate and complete information can have legal consequences. This includes information about: 
    • Income 
    • Assets 
    • Debts
    • Expenses

Negotiate and reach an agreement.

Finalize the divorce.

  • Once a settlement agreement is reached, it will be submitted to the court for approval. If the court finds the agreement fair and reasonable, a final judgment of dissolution of marriage will be issued, officially ending the marriage.

Navigating the process in Jacksonville, Florida, can be complex, but seeking the guidance of an experienced attorney from Charles E. Willmott, P.A. can help provide personalized advice, protect your rights, and ensure that your divorce proceedings in Jacksonville are handled efficiently and in compliance with applicable laws.

Start your path to a new beginning. Call (904) 849-5183 or contact us online to schedule a consultation with our knowledgeable divorce attorney in Jacksonville.

How Long Does It Take to Get a Divorce in Florida?

The timeline for a Florida divorce can vary significantly depending on several factors, but most divorces take anywhere from a few months to over a year to finalize. Florida law requires a minimum waiting period of 20 days from the date the divorce petition is filed before a judge can grant the divorce. However, the actual length of the process depends on the specifics of the case.

Factors That Affect the Divorce Timeline

  • Type of Divorce (Contested vs. Uncontested)
    • Uncontested Divorce: If both parties agree on all terms, including property division, child custody, and support, the process can be relatively quick, often taking just a few months.
    • Contested Divorce: When spouses disagree on significant issues, the divorce can take much longer, often exceeding a year due to negotiations, mediation, or court proceedings.
  • Complexity of Assets Divorces involving significant or complex assets, such as businesses, investments, or real estate, require more time for valuation, division, and negotiation.
  • Child Custody Disputes - When minor children are involved, custody arrangements and parenting plans must be addressed. Disagreements can lead to extended court proceedings to determine the child’s best interests.
  • Court Schedules and Delays - The availability of the court can affect the timeline. Busy court schedules or procedural delays may extend the process.
  • Efforts at Mediation or Alternative Dispute Resolution (ADR) - Mediation or ADR can expedite the process if successful but may take additional time if multiple sessions are needed to reach agreements.
  • Cooperation Between Spouses - The willingness of both parties to cooperate and provide necessary documentation on time plays a crucial role in how quickly the divorce is resolved.
  • Legal Representation - Working with an experienced Florida divorce lawyer like Charles E. Willmott, P.A. can streamline the process by ensuring all paperwork is filed correctly, deadlines are met, and negotiations are handled efficiently.

How These Factors Affect the Timeline

  • Cooperation and Agreement: The more cooperative and agreeable the spouses are, the quicker the process. Prolonged disputes lead to more court involvement and time.
  • Complex Issues: The need for financial evaluations, expert testimony, or multiple hearings can significantly extend the timeline.
  • Court Availability: Delays in scheduling hearings or trials add additional months to the process.

By working with an experienced Florida divorce lawyer, you can navigate these challenges more effectively. At Charles E. Willmott, P.A., we help clients manage the complexities of divorce with tailored strategies to achieve the most efficient resolution possible.

Elements of a Divorce in Florida

Many other factors will have to be discussed including the timing of filing bankruptcy and divorce (where applicable). Alimony will be decided based on the standard of living of the couple during marriage, the length of their marriage and the health conditions of each member. Child custody and child support are also two important topics that will have to be discussed. 

If the divorcing couple cannot come to a mutual agreement on these two factors, the court will take into consideration other factors and take the decision making into his or her own hands.

What If My Spouse Doesn't Respond to the Divorce Petition?

In cases where the other spouse cannot be located, or he or she fails to respond, there are actions which can be taken that will allow the Judge to move forward to conduct a hearing on the case without the other spouse's presence or direct consent:

  • Divorce by Default – If the other spouse does not respond to your petition in time, then you may move forward by default.
  • Divorce by Publication – If you have exhausted every resource and cannot contact or locate your spouse, then you can file an Affidavit of Diligent Search and Inquiry, proving to a judge that you truly could not locate or serve the papers to your spouse. Then, you can complete a Notice of Action for Dissolution of Marriage and publish it once per week for 4 consecutive weeks in an approved newspaper. If your spouse still does not come forward, then you can move forward without them.

Preparing for Your Divorce

Taking steps to prepare for divorce can help ease the transition:

  • Gather Documentation: Compile relevant financial documents, such as tax returns, bank statements, and information about assets and debts. This information is vital for the discovery process and negotiations.
  • Consider Your Goals: Reflect on your priorities and desired outcomes for the divorce, including custody arrangements, financial stability, and future goals.
  • Seek Support: The emotional toll of divorce can be significant. Consider seeking support from friends, family, or professionals to help you navigate this challenging time.
  • Explore Legal Options: Consulting with a Florida divorce attorney can provide clarity on your rights and options during and after the divorce process, especially if a name change is part of your plans.

Understanding the Emotional Journey of Divorce

Divorce is not just a legal process; it's an emotional journey that can significantly impact your life and the lives of your loved ones. At Charles E. Willmott, P.A., we recognize that navigating the emotional aspects of divorce is just as important as understanding the legal procedures. Our compassionate team is here to support you every step of the way, providing not only legal guidance but also resources to help you cope with the emotional challenges.

Here are some common emotional challenges you may face during a divorce:

  • Grief and Loss: It's normal to experience feelings of grief as you let go of your marriage and the life you envisioned.
  • Fear of the Unknown: Uncertainty about the future can be daunting, but our team can help you plan for a positive outcome.
  • Anger and Resentment: These feelings are common but can be managed with effective communication and support.
  • Guilt and Shame: Many individuals feel guilty about the divorce; understanding that this is a natural part of the process can be liberating.
  • Loneliness: Reaching out for support from friends, family, or professional counselors can help alleviate feelings of isolation.

We encourage you to consider counseling or support groups as part of your divorce journey. Our firm can provide recommendations for trusted professionals in the Jacksonville area who specialize in helping individuals cope with the emotional aspects of divorce. Remember, you are not alone, and with the right support, you can emerge from this experience stronger and more resilient.

 

Contact Charles E. Willmott, P.A.

My office can help you through the dissolution of marriage process. At Charles E. Willmott, P.A., I know the documents you will need and can help you determine your household budget. I am prepared to discuss how a divorce will alter other factors, such as your taxes and marital debts. These are important factors that must be closely examined.

If you require assistance during this time, my firm can help safeguard your rights. Call (904) 849-5183 today to schedule your free consultation. We offer remote video & Zoom conferences as well.

See What our Clients Say

Dedicated To Client Satisfaction

  • "Charles Was A Godsend For Me Through My Divorce!"
    Charles was a Godsend for me through my divorce. He was so sweet and kind to me but very intimidating to the other party. he didn't play games, he was straight to the point, VERY PROFESIONAL.
  • "Dedicated Profession Who Speaks The Truth!"
    Charles Willmott is a dedicated professional who will speak the truth. Mr. Willmott is straightforward with his clients and is willing to listen. He can take what at times can be very messy situations and come up with a clear plan of action.
  • "Charles Is A Very Impressive Attorney!"
    I was a mess the first day I met with him; he immediately put my mind at ease and explained the different outcomes my divorce may have had. He's extremely knowledgeable, upfront, and honest.
  • "He Has Never Let Me Down!"
    I have been a client of Charles for almost nine years, and he has never let me down. He always told me what to expect and has been right every time.
  • "Charles Willmott Provided Superb Advice & Excellent Representation!"
    Charles Willmott provided superb advice and expert representation. He replied to every question very quickly and thoroughly.

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