Duval County Divorce Attorney

The outcome most people in this position want is simple to say and harder to reach: a divorce that ends the marriage, settles the money and the parenting questions, and does not leave either person at war with the other for years afterward. Sandra Bonfiglio, P.A. is a family law firm that helps spouses and parents work toward that result through uncontested divorce, mediation, and collaborative divorce, serving Jacksonville and the rest of Duval County, along with St. Augustine and St. Johns County, Broward County, and Boca Raton. If you are searching for a Duval County divorce attorney, the first thing worth knowing is that your case will be filed in the Fourth Judicial Circuit, which also covers Clay and Nassau counties, and that most of the decisions that matter can be made by you and your spouse before a judge ever gets involved.

Florida is a no-fault state, so nobody has to prove the other spouse did something wrong. The ground for divorce is that the marriage is irretrievably broken, and at least one spouse must have lived in Florida for six months before the petition goes in. With no minor children and no objection from the responding spouse, the court enters a judgment of dissolution once it finds the marriage broken. Where children are involved, or one spouse disputes that the marriage is broken, the judge has more room to slow things down. That is one reason agreement between spouses tends to be faster as well as cheaper.

What to Do Now if You Are Preparing to File in Duval County

Start with the residency question, because a petition filed before the six-month mark can be dismissed. Then decide, even tentatively, which path fits. If you and your spouse already agree on the house, the accounts, and the schedule for the children, you are a candidate for an uncontested divorce. If you agree on some things and not others, mediation is built for that situation. If your spouse has refused to take part at all, or there are safety concerns, you should expect a contested case.

Gather financial records before you do anything else. Florida requires mandatory financial disclosure, so you will need recent tax returns, bank and retirement statements, and a clear picture of what you owe. Having these in hand early prevents the stalling that adds weeks to otherwise simple cases. Do not move money, run up debt, or hide assets in the meantime; judges notice, and it damages your credibility on every other issue.

Family law cases in Duval County are filed with the Clerk of Court’s Family Law Division at the Duval County Courthouse in downtown Jacksonville. The Clerk also has a Beaches branch in Neptune Beach, though only certain types of family cases can be filed there, so confirm before making the trip. When you file, the petitioner also completes and files an anonymous informational questionnaire with the clerk. If you have minor children, the parenting course must be finished within 45 days after you file the petition. Your spouse has the same 45 days after being served. Courts can excuse the requirement, but do not count on that.

One common mistake is signing a settlement agreement first and asking questions later. Property division is generally final once the judgment is entered, so the time to find a vague clause is before you sign. A free first 15 minutes with our firm is a low-pressure way to test your plan before you file anything.

Issues That Shape a Duval County Divorce

• Uncontested Divorce: When both spouses agree on every issue, the case can often be finalized without a trial. The agreement has to be complete and clearly written, because a vague settlement creates the conflict an amicable divorce is supposed to avoid.
• Simplified Dissolution: A faster track exists for couples with no minor or dependent children and no pregnancy, who agree on dividing assets and debts, neither seeks alimony, and both waive trial and appeal. Both spouses must appear before the court.
• Mediation and Collaborative Divorce: Sessions are confidential and led by a neutral mediator. Collaborative divorce adds a team approach in which both spouses and their attorneys commit to staying out of court, often with a neutral financial professional.
• Timesharing and Parenting Plans: Florida courts decide time-sharing based on the child’s best interests, and the law now presumes equal time-sharing is in a child’s best interests unless a parent proves otherwise by a preponderance of the evidence. Every case with minor children needs a parenting plan.
• Child Support: Support follows statutory guidelines that presumptively set the amount the court must order. Equal time-sharing does not prevent a support order, and a deviation can come into play when one parent would pay more than 55 percent of gross income under a single order.
• Alimony: Courts may award temporary, bridge-the-gap, rehabilitative, or durational alimony. Permanent alimony was eliminated for cases filed on or after July 1, 2023.
• Property and Debt Division: The court starts from an equal split of marital assets and debts and departs from it only with justification. Retirement and pension benefits earned during the marriage count as marital property, and special equity no longer exists.
• Relocation: A move of at least 50 miles for 60 consecutive days or longer triggers Florida’s relocation rules. The moving parent needs either a written agreement from the other parent or a sworn Petition to Relocate.

Why Choose Sandra Bonfiglio, P.A. for a Duval County Divorce

Sandra Bonfiglio is the attorney behind the firm, and family law is the only thing the firm practices. That focus shapes how divorces are handled: Sandra Bonfiglio, P.A. concentrates on uncontested divorce, divorce mediation, and conflict resolution rather than treating every case as a courtroom fight. The same attorney who advises you also helps you steady yourself through the emotional side of the process, because people who understand their options and stay calm tend to make better decisions about money and children.

For a Duval County divorce, that translates into careful attention to the parts that cause trouble later: financial disclosure that is complete, settlement agreements drafted with enough detail that nobody has to guess what they meant, and parenting plans built around how your family actually lives. Many couples agree on more than they realize, and a well-drafted marital settlement agreement is what makes that agreement official. When the other side will not cooperate, the firm is prepared to protect your interests in court, but the goal is always the most amicable resolution your circumstances allow. The firm also serves Jacksonville-area families who need help with paternity, relocation, prenuptial and postnuptial agreements, stepparent adoption, and modifications after judgment. Confidential consultations carry no obligation.

How Alimony and Time-Sharing Rules Affect Settlement Talks

The 2023 reforms changed the bargaining position of both spouses, and any agreement signed today should reflect them. Alimony is the clearest example. Bridge-the-gap alimony cannot exceed two years, and rehabilitative alimony cannot exceed five. Durational alimony is not available after a marriage shorter than three years, and its length is capped at 50 percent of the marriage for short-term marriages, 60 percent for moderate-term marriages, and 75 percent for long-term ones. A short-term marriage is presumed to be under 10 years, a moderate-term marriage 10 to 20 years, and a long-term marriage 20 years or more, with the clock running from the wedding to the filing date. The amount is the recipient’s reasonable need or 35 percent of the difference in the spouses’ net incomes, whichever is less. Courts must also make written findings explaining the type and length of any award, and generally cannot leave the payor with significantly less net income than the recipient without written findings of exceptional circumstances.

Paying spouses should also know that an obligor can petition to modify alimony in reasonable anticipation of retirement, filed no more than six months before retirement. Durational alimony ends on the death of either party or the recipient’s remarriage, and its amount can be modified or terminated on a substantial change in circumstances. These predictable limits make alimony far easier to negotiate than it used to be.

On the parenting side, the equal time-sharing presumption gives parents a shared starting point for mediation. Modifying a parenting plan later requires a substantial and material change in circumstances, and a parent moving within 50 miles of the child’s primary residence can itself count as such a change. Building a realistic schedule the first time prevents repeat trips to court.

Questions Duval County Spouses Ask About Divorce

How long does an uncontested divorce take in Duval County?

Florida imposes no long mandatory waiting period beyond the 20 days after filing before a final judgment can be entered. Well-prepared uncontested cases often finish within a few weeks to a few months. Delays usually come from incomplete financial disclosure or paperwork that has to be corrected.

Do I have to prove my spouse did something wrong?

No. Florida recognizes two grounds: the marriage is irretrievably broken, or one spouse has been adjudged mentally incapacitated for at least three years. Nearly every case uses the first.

What is the difference between a simplified dissolution and an uncontested divorce?

A simplified dissolution is a streamlined procedure for couples with no minor or dependent children, no pregnancy, agreement on assets and debts, and no alimony claims. Both spouses waive trial and appeal and both appear before the court. An uncontested divorce is broader and can include children, support, and alimony so long as everything is agreed.

Is mediation required?

In most contested family cases, courts order mediation before a final hearing. What is said in mediation is generally confidential, which encourages honest negotiation.

Can one attorney represent both of us?

No. A Florida attorney cannot represent both spouses because their interests conflict. One spouse can hire an attorney while the other proceeds alone, and we recommend that each spouse at least have an attorney review the settlement before signing.

Does Florida still award permanent alimony?

No. For cases filed on or after July 1, 2023, the forms available are temporary, bridge-the-gap, rehabilitative, and durational alimony.

Can adultery affect the outcome?

It can matter to alimony. A court may consider a spouse’s adultery and its economic impact, such as marital funds spent on an affair, when deciding the amount of alimony, if any. It does not change whether the divorce is granted.

If my spouse inherited money or owned a home before we married, is it divided?

Property owned before the marriage or received individually by gift or inheritance is generally nonmarital. Real property held by both spouses as tenants by the entireties is presumed marital whether it was acquired before or during the marriage.

Can we split the marital assets before the divorce is final?

Only in limited cases. A court can order an interim partial distribution of assets if there is good cause, which means extraordinary circumstances. Otherwise, division happens in the final judgment or the settlement agreement.

What happens if my spouse will not respond or sign anything?

Your case then becomes contested, and a judge ultimately decides the open issues. Even then, mediation remains available at every stage, and narrowing the disputed issues first shortens and cheapens the hearing.

Can I change a custody or support order after the divorce?

Time-sharing, child support, and most alimony can be modified on a substantial change in circumstances. Modifications generally reach back only to the date the modification action was filed. Property division, by contrast, generally cannot be reopened.

Do we need a prenuptial agreement to be enforceable?

It must be in writing and signed by both parties, and it takes effect on marriage. It can be challenged if it was not voluntary, resulted from fraud, duress, or overreaching, or was unconscionable without fair disclosure of finances. It cannot adversely affect a child’s right to support.

Serving Divorce Clients Across Duval County and Beyond

Sandra Bonfiglio, P.A. helps families throughout Duval County, which sits in the Fourth Judicial Circuit alongside Clay and Nassau counties. Within the county, our work reaches Jacksonville and the beach communities, including Neptune Beach, where the Clerk maintains a Beaches branch for certain family filings. The firm also serves neighboring Clay and Nassau county families whose cases run through the same circuit.

Beyond Duval County, the firm serves St. Augustine and St. Johns County, where family cases are handled at the Richard O. Watson Judicial Center. In South Florida, we represent clients across Broward County, including Fort Lauderdale, Wilton Manors, Oakland Park, Plantation, Davie, Weston, Sunrise, Lauderhill, Tamarac, Coral Springs, Parkland, Coconut Creek, Pompano Beach, Deerfield Beach, Hollywood, Dania Beach, Pembroke Pines, Miramar, and Hallandale Beach. We also serve Boca Raton and southern Palm Beach County. Divorce law is the same statewide, but each court has its own scheduling habits and mediation programs, and knowing them avoids delays.

Talk With a Duval County Divorce Attorney About Your Next Step

Ending a marriage does not have to mean a long courtroom fight. If you are weighing a filing in Jacksonville or anywhere in the county, a conversation with a Duval County divorce attorney at Sandra Bonfiglio, P.A. can tell you whether your situation fits an uncontested divorce, mediation, or something more involved, and what your settlement should look like under current Florida law. Call to schedule a confidential consultation. The first 15 minutes are free, and there is no obligation.