Author: JONATHAN JACOBS

Florida Divorce FAQ

Florida Divorce FAQs: What Should I Know Before Filing?

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Florida Divorce FAQs: What Should I Know Before Filing?

Enjoy our Florida divorce FAQs to help give you a sense of the process. After all, filing for divorce is a major legal, social and financial decision. Most people have similar first questions: Can I file in Florida? Do I need to prove my spouse is at fault? What happens to our house, retirement accounts, debts, and what about alimony and child support? Florida divorce law is found mainly in Chapter 61 of the Florida Statutes, which covers dissolution of marriage, child support, time-sharing, alimony, equitable distribution, and related family law issues. Call Attorney Jonathan Jacobs at 407-335-8113 to have your divorce-related questions answered.

What are the residency requirements for divorce in Florida?

To file for divorce in Florida, at least one spouse must have lived in Florida for six months before the petition is filed. This is one of the first issues the court will need to confirm before granting a divorce. It is known as subject matter jurisdiction. It cannot be agreed upon or conferred; it must exist before you file a case.

Is Florida a no-fault divorce state?

Yes. In most Florida divorces, a spouse does not need to prove adultery, abandonment, cruelty, or other misconduct to get divorced. Florida law allows a divorce when the marriage is “irretrievably broken.” This is Florida’s version of irreconcilable differences. The statute also recognizes mental incapacity as a ground, but only under specific conditions, including a prior adjudication of incapacity for at least three years.

What happens if one spouse does not want a divorce?

A spouse’s objection does not necessarily stop a Florida divorce. If there is a minor child or one spouse denies that the marriage is irretrievably broken, the court may take steps such as continuing the case for up to three months or ordering counseling with a qualified professional, but if the court ultimately finds the marriage is irretrievably broken, it must enter a judgment of dissolution. There are some options for couples such as temporary abatement and marriage counseling, but once the train leaves the station it is unlikely to roll back.

How does Florida divide marital property and debt?

Florida uses an equitable distribution standard, which does not always mean an exact 50/50 split. The court starts with the premise that marital assets and liabilities should be divided equally unless there is a legal reason for an unequal distribution. Relevant factors can include each spouse’s contribution to the marriage, the parties’ economic circumstances, the length of the marriage, interruptions to careers or education, contributions to the other spouse’s career, and intentional waste or depletion of marital assets. Look to the statutes mentioned above for some guidance.

Generally, assets and debts acquired during a marriage are presumed to be marital unless a spouse proves they are nonmarital. Florida law also recognizes that increases in value of nonmarital property can become marital in certain situations, such as when marital funds or marital efforts contributed to the increase. Caveat emptor folks. Buyer beware, literally.

Can a spouse receive alimony in Florida?

Florida courts may award alimony when one spouse proves an actual need and the other spouse has the ability to pay. The current statute identifies temporary, bridge-the-gap, rehabilitative, and durational alimony, and courts must make written findings supporting the type and length of alimony awarded. Permanent spousal support has been abolished.

Alimony is fact-specific. Courts may consider the length of the marriage, standard of living during the marriage, each spouse’s age and health, income and resources, earning capacity, education, employability, contributions to the marriage, responsibilities for minor children, and any other factor necessary for equity and justice.

How long can alimony last?

The answer depends on the type of alimony. Bridge-the-gap alimony may not exceed two years, rehabilitative alimony may not exceed five years (this is designed to coincide with work training and/or college graduation), and durational alimony is based on the length of the marriage. Florida law defines a short-term marriage as less than 10 years, a moderate-term marriage as 10 to 20 years, and a long-term marriage as 20 years or longer. Durational alimony generally may not exceed 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage, although exceptional circumstances may apply. Exceptional circumstances are sometimes based on disability that occurs during a marriage.

Can alimony be changed later?

Some alimony and support orders can be modified if circumstances change. Florida law allows a party to ask the court to increase, decrease, or confirm support, maintenance, or alimony based on changed circumstances. The statute also addresses supportive relationships and retirement as possible grounds for reducing or terminating support in appropriate cases.

Can I file for divorce without a lawyer?

Florida provides court-approved family law forms and self-help resources. Would you do your own taxes or self-diagnose a medical issue? Much like other professions (including landscaping and handyman work), family law is complex and we believe hiring counsel is the best way forward. Divorce can affect property rights, debt responsibility, retirement benefits, business interests, tax issues, alimony, parenting rights, and child support. Anyone with contested issues, children, real estate, retirement accounts, a business, domestic violence concerns, or a large income difference should strongly consider speaking with a Florida family law attorney before filing or signing an agreement.

Florida Family Law Rules

Florida Family Law Rules of Procedure

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The Florida Family Law Rules of Procedure: Lessons from Dunac v. Dunac

Navigating the complexities of family law can be daunting, especially for new lawyers. One often overlooked aspect is the importance of procedure. In this post, we will explore the case of Dunac v. Dunac; a pivotal 2026 case that underscores the necessity of following the Florida Family Law Rules of Procedure. In following the Rules, you will gain insights into how compliance can significantly impact case outcomes and what you can learn to avoid common pitfalls. Call Jacobs Law Firm at 407-335-8113 to help you better understand the Rules.

Understanding the Case: Dunac v. Dunac

Dunac v. Dunac is a District Court of Appeals case that highlights a critical procedural requirement under Florida Family Law rule 12.490(e)(5). The case revolves around whether the husband complied with the Rule when seeking to vacate an order. According to the Rule, a party must secure a hearing date simultaneously when filing a motion to vacate an order. This case illustrates the consequences of failing to follow this built in Court guidelines and Rules.

The Importance of Securing a Hearing Date

The court’s conclusion was clear: merely filing a motion is insufficient. A party must take affirmative steps to secure a hearing date; otherwise, the motion may as well never have been filed. This highlights a crucial lesson for legal practitioners: forward action must accompany motions. Without proactive measures, motions can become stale, leading to worse outcomes and unresolved issues.

Many individuals file motions as threats or as a means to prompt a settlement. However, if these motions are not backed up by action, they can be rendered ineffective as mere bluffs. The Dunac Court emphasized that the procedural obligation requires more than just requests; it necessitates tangible efforts to advance the case.

The court even referenced Merriam-Webster’s dictionary to define the verb “seek,” which includes asking for or requesting something, as well as trying to acquire it. In the Dunac case, although the husband requested a hearing, he failed to take any further steps to schedule it. This oversight led the court to side with the former wife, affirming the importance of a nuanced understanding of legal terminology and procedural obligations.

Lessons for New Lawyers

New lawyers often make the mistake of underestimating the importance of understanding and following procedural rules. As they transition from law school to practice, it can be easy to overlook these critical details. The Dunac case serves as a reminder that knowing the rules is essential for effective legal practice. Familiarity with these procedures not only affects case outcomes but also helps maintain the integrity of the legal process.

The Role of Rules in Legal Practice

Rules in family law are not arbitrary; they are established safeguards designed to ensure fairness and equity in the legal process. They prevent chaos and ensure that practitioners adhere to a structured approach. This structure is vital in maintaining the rule of law and preventing any party from taking undue advantage of the system.

In conclusion, Dunac v. Dunac serves as a valuable lesson for all legal practitioners, especially newcomers. By understanding and adhering to procedural rules, you can significantly enhance your effectiveness in family law matters. Remember, the rules are not just formalities; they are essential components of a fair legal system that protects all parties involved.

relocation

Relocation: What Happens to Child Custody in Florida When One Parent Wants to Move?

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Relocation cases can be some of the most emotional and complicated matters in family law. When one parent wants to move to a new city or state more than fifty miles away from their address on file with the Court at the time of the last final judgment, the decision can affect custody, parenting time, school arrangements, and the child’s day-to-day stability. Whether the move is for work, family support, or a fresh start, parents need to understand that relocating with a minor child subject to the court’s jurisdiction, may require court approval, consent of the other parent, and/or a modification of the current parenting plan. Call Jacobs Law Firm to discuss your relocation case, dial 407-543-1517.

Jacobs Family Law Firm Intake Form

This is our initial client intake form. Filling this out will allow us to better understand your case. Filling out this form does not automatically create an attorney-client relationship.

Relocation with a Minor Child Requires Consent and/or a Court Order

In practical terms, a move/relocation becomes a legal issue when it substantially affects the other parent’s ability to maintain a meaningful and consistent relationship with the child. Even a move that seems reasonable to one parent may create major concerns for the other. While both may be true at the same time, courts generally focus less on what is most convenient for the parents and more on what is in the child’s best interests.

In a relocation dispute, courts are required look at several important statutory factors. These may include the reason for the move, the distance of the proposed new residence, the child’s relationship with each parent, the educational opportunities in the new location, and whether a revised parenting schedule can preserve a strong bond with both parents. Judges also considers whether one parent has a history of encouraging or interfering with the child’s relationship with the other parent.

Parents should be very careful before making plans to move. Signing a lease, changing schools with or without permission, all while assuming the court will approve the relocation, can create serious legal problems. It is often far better to address the issue early, review the current custody order, and file the proper petition before taking action. The right legal steps can help protect your parental rights.

One of the biggest mistakes parents make is treating relocation like a simple personal decision instead of a legal matter that is both procedural and substantive. Another common error is relying on informal agreements that are never put into a court order. When emotions are high, misunderstandings can quickly turn into legal disputes that are costly and difficult to undo. Text messages do not modify a parenting plan and final judgment without more.

If you are considering a move or your co-parent has announced plans to relocate, it is important to get clear legal guidance as soon as possible. An experienced family law attorney can help you understand your rights, present your case effectively, and work toward a solution that protects your child’s best interests.

If you have questions about relocation, custody, or parenting time, schedule a consultation today to discuss your options and protect your rights.

disqualification of counsel

Disqualification of Counsel Florida Rule Rule 4-3.7

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In the legal profession, ethical dilemmas often arise, particularly when personal relationships intersect with professional obligations. Recently, I delved into a notable case (Rivera v. Rivera-Chong, 2026 Fla. App. LEXIS 1308) that underscores these challenges. This Florida case raises critical questions about attorney disqualification and the rules governing professional conduct. In this blog post, we will explore the key insights from this case and what it means for both lawyers and clients. Call Jacobs Law Firm 407-335-8113.

Understanding Attorney Disqualification
The case of Rivera vs. Rivera-Chong revolves around the disqualification of an attorney who married their client, a situation that is increasingly scrutinized in family law. The former husband sought to disqualify his ex-wife’s attorney on the grounds that the lawyer was a material witness in the case due to the new marriage. The trial court initially granted this motion, fearing potential conflicts of interest.

Why Disqualification Matters
Disqualification of counsel is a serious matter, as it can impact the outcome of a case. The Florida rule of professional conduct 4-3.7 states that a lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness. This rule aims to prevent conflicts of interest and ensure fair representation for clients. In this case, the arguments presented by the former husband were based on the assumption that the attorney’s marriage to his ex-wife would create a conflict of interest, potentially compromising the integrity of the trial.

The Court’s Ruling
Ultimately, the District Court of Appeals found that the trial court’s disqualification was too broad and reversed the decision. The appellate court ruled that disqualification should not be a blanket decision but should be based on specific circumstances and evidence presented. This ruling emphasizes the importance of a nuanced approach when assessing the need for disqualification.

Key Takeaways from the Case
1. **Specificity is Crucial**: Disqualification motions must be specific about the reasons for disqualification. Vague assertions will not suffice in court.
2. **Potential for Conflict**: Marrying a client can create complex legal and ethical dilemmas. Legal practitioners must navigate these relationships carefully to avoid conflicts of interest.
3. **The Need for Evidence**: Courts require concrete evidence to support disqualification claims. Speculation alone is insufficient for a court to act.

Lessons for Legal Practitioners
For attorneys considering relationships with clients, this case serves as a cautionary tale. The legal profession demands a high standard of ethical conduct, and marrying a client can complicate that obligation significantly. Lawyers must consider the long-term implications of such relationships and the potential for professional repercussions.

Conclusion
The Rivera vs. Rivera-Chong case highlights the complexities of attorney disqualification and the ethical considerations lawyers must navigate. As relationships evolve, so too do the responsibilities of legal professionals. By understanding the implications of their actions, attorneys can better serve their clients while upholding the integrity of the legal system.

Frequently Asked Questions

What is attorney disqualification?
Attorney disqualification refers to the process of preventing a lawyer from representing a client due to conflicts of interest or ethical concerns.

How does marriage to a client affect legal representation?
Marriage to a client can create potential conflicts of interest, leading to questions about the lawyer’s ability to provide unbiased representation.

What are the rules governing attorney conduct in Florida?
Florida attorneys must adhere to the Florida Rules of Professional Conduct, which outline ethical obligations and standards for legal practice.

Gay Divorce Rate

Gay Divorce Rate

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Gay Divorce Rate: Divorce Statistics, Social Media, and What the Data Really Tells Us

As a Florida divorce attorney, I spend a great deal of time studying trends such as the gay divorce rate, not just statutes and case law, but also statistics. I know that may not sound thrilling at first. When you work in family law every day, patterns matter.

Recently, I began reviewing national and international data on divorce rates across different groups:

  • Which gender files for divorce most often?

  • Are certain religious groups more likely to divorce?

  • How do divorce rates compare among heterosexual couples, gay men, and lesbian women?

These are not political questions. They are statistical ones.

I’ve been sharing some of these statistics on TikTok, Instagram, and YouTube.

For some members of my audience, particularly those who prefer long-form discussions, short videos may seem unusual for a law firm. For younger generations, this is how information is consumed and discussed. Social platforms allow ideas to circulate quickly, and they invite conversation from all perspectives.

Importantly, my videos have been straightforward: I present a statistic. I do not editorialize. I do not push an agenda on gay divorce rates. A 15–30 second clip is not a podcast. It’s simply a snapshot of data.

That said, the response has been enormous — and not all of it positive.

One Statistic That Generated Strong Reactions

One of the most debated statistics I shared is this:

Nationally and internationally, gay male couples have among the lowest divorce rates.

Many viewers asked: Why highlight that?

Some suggested that gay men may share similar expectations regarding intimacy and autonomy. Others argued that shared perspectives about marriage itself may play a role. Still others questioned whether gender dynamics — separate from sexual orientation — may influence long-term relationship stability.

These are thoughtful discussions. And they highlight an important point:

Gender and sexuality intersect in complex ways. They are often discussed separately, but rarely examined together in terms of how they may affect marital dynamics.

What the Research Says About Lesbian Divorce Rates

On the other end of the statistical spectrum, data from studies referenced by the National Institutes of Health indicates that lesbian couples experience higher divorce rates compared to other groups in the United States.

Why might that be?

One theory discussed in research from the early-to-mid 2000s centers around family formation.

According to certain surveys, many lesbian couples marry with the intention of raising children together. Frequently, this involves the use of an anonymous sperm donor. While Florida law generally recognizes a child born during a lawful marriage as a child of that marriage, biological distinctions can still affect relational dynamics within the home.

In practical terms, this can create:

  • A biological mother

  • A non-biological parent (legally recognized spouse)

Even where both parents are fully committed, differences can emerge. Parenting styles may differ. Emotional bonds may develop differently. One parent may feel marginalized. The other may feel protective. And when disagreements arise about discipline, schooling, or healthcare, those differences can intensify.

It is important to emphasize something clearly:

Many stepparents — and non-biological parents — are extraordinary. They step into roles with courage, compassion, and devotion. In many families, they are nothing short of heroic.

But research suggests that biological versus non-biological dynamics can sometimes introduce stress, particularly when parenting philosophies diverge.

If marriage was entered primarily to build a family, and family conflict becomes central, that stress can impact marital stability.

Divorce Statistics Are Not Moral Judgments

Statistics do not assign blame. They do not define individuals. And they certainly do not determine the success or failure of any particular marriage.

When we talk about “success” in statistical terms, we are often using a narrow definition: whether the couple has divorced. That metric does not measure happiness, fulfillment, or emotional well-being.

Data simply gives us patterns on gay divorce rates.

As a divorce attorney in Florida, understanding patterns helps me:

  • Anticipate areas of conflict

  • Guide clients through parenting disputes

  • Address time-sharing issues strategically

  • Structure mediated resolutions more effectively

Every family is unique. No statistic overrides the individual facts of your case.
Why Discuss Divorce Statistics at All?

Because information matters.

If we understand:

  • Who is filing for divorce most frequently

  • How parenting structure impacts long-term stability

  • Where gender dynamics may influence conflict

  • How economic equality intersects with marital strain

We can approach marriage — and divorce — with greater awareness.

For some couples, that awareness may strengthen their relationship. For others, it may help them separate respectfully and responsibly.

Florida Law Perspective

Under Florida law, when a child is born during a lawful marriage, the child is presumed to be a child of that marriage. Time-sharing decisions are based on the best interests of the child, not biological favoritism.

That legal framework aims to equalize parental standing. However, emotional realities inside a household can still differ — and those realities sometimes become central issues in divorce litigation or mediation.

Understanding both the legal structure and the relational dynamics is essential.

Final Thoughts

The goal of sharing divorce statistics is not to provoke or polarize.

It is to inform.

Family law sits at the intersection of gender, economics, parenting, identity, and personal expectation. The data on gay divorce rates reflects that complexity.

If you are facing a divorce, custody dispute, or parenting conflict in Central Florida, having a knowledgeable advocate matters.

At Jacobs Law Firm, we focus on clarity, strategy, and practical solutions — whether through litigation or mediation.

If you have questions about divorce, time-sharing, or parental rights in Florida, contact us at 407-335-8113 to schedule a confidential consultation.

New Florida Senate Bill 1128 and House Bill 971

New Florida Senate Bill 1128 and House Bill 971

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New Florida Senate Bill 1128 and House Bill 971: Could Your Child Custody Hearing Happen on a Saturday?

Florida is a state in constant transition. If you’ve looked at the license plates on I-4 lately, you’ve seen the “mass migration” firsthand. People are moving here from New York, California, and beyond, seeking a better life. But as our population explodes, so does the strain on our legal system with divorce and family law. Currently, the Florida House is considering New Florida Senate Bill 1128 and House Bill 971, a revolutionary and controversial new bill that would change the face of family law: State-funded weekend hearings for domestic violence and emergency time-sharing (child custody) matters could be voted in by the Florida Legislature. At Jacobs Law Firm, we see this as a “double-edged sword”. Here is why this proposal is both a blessing and a potential burden for Florida families.

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The “Wonderful” News: More Family Law Judges, More Access

The reality is that Florida’s family courts are flooded. Between the post-2019 population boom and the inherent stress of marital dissolution, our judges and general magistrates are stretched thin.

The benefits of the proposed bill include:

  • Reduced Backlog: More funding for more judges in every circuit means cases move faster.

  • Convenience for Working Families: As a firm that already offers Saturday mediations, we know that taking off work for a Tuesday morning hearing can mean lost wages or childcare nightmares. Weekend hours could make the law more accessible to the working class.

  • Urgent Relief: For true emergencies involving child safety or time-sharing, waiting until Monday morning can feel like an eternity.

The “Dreadful” Reality: The Rush to Judgment

While more “court time” sounds good, there is a significant pitfall: The loss of preparation.

In a standard family law case, attorneys and clients usually have weeks or months to compile evidence, print documents, and strategize. If weekend emergency hearings become the new “norm,” we face a “worst-case scenario” where:

  1. Evidence Vacuums: Hearings may occur before your attorney has had time to gather all the facts.

  2. Bypassing Mediation: Florida law typically requires mediation as a “threshold” before heading to court. This bill could allow parties to jump straight to a judge, potentially escalating conflict rather than resolving it.

  3. Burnout and Rushed Rulings: Imagine a high-stakes custody hearing lasting until 7:00 PM on a Saturday. Will the parties or the court be at their best?

Final Thoughts: A Loaded Idea

Is this bill a step toward a more modern, efficient Florida? Or is it a recipe for rushed justice? At Jacobs Law Firm, we believe in being accessible to our clients, but we also know that justice requires time and thorough preparation. As Senate Bill 1128  moves through the Florida Legislature, we will continue to monitor how it impacts your rights to time-sharing and due process.

Need Help Navigating Your Florida Family Law Case?

Whether it’s a Tuesday or a Saturday, your family’s future shouldn’t be left to chance. If you are facing a child custody dispute or need an affordable uncontested divorce, contact Jacobs Law Firm today at 407-335-8113.

divorce attorney inverness fl

Divorce Attorney Inverness FL

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Jacobs Family Law Firm is a divorce attorney Inverness FL focusing on a wide variety of family law practice areas. We all know Citrus County is beautiful. It is one of the best and most affordable places to live. Its crown jewel is Inverness. With Zoom and the increasing popularity of virtual hearings and mediations, a lot of our law practice has expanded throughout Central Florida. Attorney Jonathan Jacobs is a family law attorney Inverness Florida focusing on child custody issues, child support, alimony, prenuptial agreements, modifications, relocation actions, and domestication of foreign judgments. Call us when you need a Citrus County family lawyer to represent you in your case. Dial 407-335-8113 today!

As a divorce attorney Inverness FL, we know that Inverness is a family-driven city. This means a lot of the cases we have involve minor children. The most frequent issues are child timesharing (child custody) and child support. A lot goes into deciding these issues. For instance, to establish timesharing and child support, you will need a parenting plan. The parenting plan will specify the number of overnights each parent has with your children. The plan will determine who does pick ups and drop offs, who pays for health insurance, who can decide extra curricular activities, and other major issues such as which parent has more or less parental responsibility. Attorney Jonathan Jacobs is a family law attorney Inverness Florida experienced in all of those issues and more.

In Citrus County Court, you will likely find the judges are well-organized, fair and impartial, and have excellent judgment. Smaller counties in Florida often have the best judicial apparatuses. The family law division is among the best and you will find they are flexible in scheduling. Hiring Jacobs Family Law Firm as your Citrus County family lawyer to represent you in your divorce or paternity case can make an enormous difference in the outcome. When you decide to reach out to us to schedule a consultation, we will be happy to speak with you. Call 407-335-8113 today.

Can a divorced parent be forced to pay for college

Do I Have to pay for College in Divorce in Florida?

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Can a divorced parent be forced to pay for college? Do I have to pay for college in divorce in Florida? To best answer these questions, consider that many attorneys draft marital settlement agreements where one spouse is beholden for paying college or graduate school tuition or for a similar education training program on behalf of their kids. The urge or instinct to pay for your children’s schooling is a noble intention and a noble concept. It is laudable to want to provide for your kids indefinitely. Sometimes, people will put in a marital settlement agreement that a husband must pay for their minor children’s college wherever they attend school to help them avoid going into student loan debt. Admittedly, a marital settlement agreement is a contract and parties in this context may include provisions with self-determinative thoughts in mind. The problem is this type of provision is usually unenforceable.

There is case law out there to answer your questions, “can a divorced parent be forced to pay for college?” and “Do I have to pay for college in divorce in Florida?”. According to case law, if you try to enforce a marital settlement agreement for the payment of a child’s college now that that kid is an adult, the divorce court will likely deny any such motion for enforcement for lack of standing (power to enforce). Technically, that child was not a party to the contract in the context of marital dissolution. Unless that child is suing the parent that made that promise and that contract, there’s very little that a former spouse can do to enforce it. Florida public policy and family law does not obligate either parent to pay for a child’s college tuition.

Paying for college is not required in Florida statutory law. Moreover, you do not have to pay for your children’s private school under the age of 18. Therefore, even if this type of provision is incorporated in your marital settlement agreement, the likelihood that your motion for enforcement succeeds is minimal. You made a promise. It is in writing and therefore you should fulfill that promise. There is case law that specifically rules, including in the Fifth District, Southard versus Southard which provides: “a contractual duty to pay a child’s college tuition and expenses cannot be enforced by contempt.”

Can a divorced parent be forced to pay for college? Do I have to pay for college in divorce in Florida? Overall, I do not believe that if you have a provision in your MSA for the payment of post-secondary education, that the court has the jurisdiction, i.e. power, to enforce that provision absent that child who is now an adult suing and intervening in some way, shape, or form.

Dating During Divorce

Dating During Divorce

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You are dating during your divorce in Florida. People who do not know you might say you’re terrible person. What are you thinking? Everybody’s going to talk about it. Scandal, scuttlebutt, national news, headlines. We need more attention on this issue. I’m being facetious, ladies and gentlemen. Please do not take that seriously. But that is the perception. The perception is that all marriages end because of infidelity. Nothing could be further from the truth. I do not have nationwide statistics to share. I only have personal and professional knowledge of this subject. Based upon my impression, a multitude of divorces occur because one party has been violent, one party has been verbally abusive (not just once but hundreds or thousands of times over a period of months or years), one party has become addicted to alcohol or drugs or gambling or something else that may be unsavory or damaging to the parties, or perhaps, two people no longer talk to each other. Emotional affairs are more common than sexual affairs during the course of a marriage but if two people are broken up and separated then who cares if somebody is dating somebody else? Well, they have children together, the two married people have children together. Can dating during divorce affect custody? Call Jacobs Law Firm at 407-335-8113 to speak with Attorney Jonathan Jacobs about your family law case.

Why would the other mom or dad start dating somebody else? Don’t they realize dating during divorce can affect custody and its impact on their children? The vast majority of experience that I have with this topic is that the parties have been separated for a substantial period of time before any of that occurs. Aa majority of people do not cram the new person down the children’s proverbial throats as their new step parent. That is less common. More common is the person is dating somebody and keeping them at arm’s length from their children, from their family unit. But of course, a divorce means tension, passion, inflamed passion. A divorce means that these people are probably already a powder keg of emotions. They are on red alert. Fire phasers, fire photon torpedoes. Let’s go get them.

Part of the fuel or the kerosene that’s doused over the campfire to keep it going and inflame tensions, part of this whole flamethrower effect is that people think that if they can prove the other side’s cheating, it gives them an advantage. Well, it sure gives them an advantage in casual conversation about who is “winning the divorce” according to public opinion.

Is dating during your divorce in Florida, sleeping with somebody, and your not even divorced yet, a form of cheating? Well, as in politics, when you are doing something that the general public finds distasteful, when they disapprove of your behavior and your actions, what do you do? Accuse the other side of the exact same thing. But I digress. You must consider that winning the war of public opinion does not generally win you the legal war in a Florida divorce. To the extent that you ever see a judge, if your entire argument is, “I should get a hundred percent of everything because that guy or that woman has cheated”, you are in for a rude awakening. Let’s create a distinction. If you were married, but separated and you are never getting back together, is the other party actually cheating? Are you simply upset  your marriage ended, and now you are ascribing the failure of your marriage to a essentially post marital relationship? Can dating during divorce affect custody? A judge isn’t likely to be swayed by infidelity unless it involves wasting marital monies that must be returned through equitable distribution, or having the kids around somebody that may have a severe criminal record and may be harming the kids or threatening the kids or creating chaos in that family unit in a manner that is both provable, clear, obvious, and anybody from a reasonable person or reasonable parent’s perspective can figure out is detrimental to the best interest of those children, which isn’t just simply a factor of jealousy, it’s a factor of actual violence or danger or harm.

Check out the Divorce and Family Law Podcast!

Gay Divorce Rate

Child Custody Laws in Florida

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How do the child custody laws in Florida impact your children? Think about this. Your parents just told you they are getting a divorce. It’s pretty scary, pretty horrible actually. You rely on these people for all of your needs and necessities. You are just essentially a little kid. Anybody in their teenage years or younger is really just a kid. Their lives are being uprooted. Their friendships are uncertain. Their days at school might be turbulent. They are growing up. There’s so much uncertainty in their lives and now you, the parents, have introduced total chaos to their lives. According to Florida’s new child custody law passed in 2023, both parents are presumptively entitled to equal timesharing.

Child custody laws in Florida are important to know. You have just told your kid something very important. You are getting a divorce, which means now they’re going to have two houses, maybe three or four, if you both work and they are frequently with relatives, grandparents, aunts, uncles, older brothers or sisters, or even friends that are babysitters. Now these little kids, their lives are fractured. On account of Florida’s new child custody law, your child custody is half on, half off. They’re going in different directions. They are now essentially split up. They’re living one life at mom’s house with one set of rules, another life at dad’s house with another set of rules. And when they go to school, if their day’s terrible, then they have to go home and they lack the support system. Dinner’s different at each house. Bedtime is different at each house. Their room is different in each house. Their clothes, their blankets, their books. Maybe they left the homework at mom’s house and mom’s not bringing it over to dad’s house. Maybe they left their shoes and their uniform or sporting equipment at dad’s house and dad’s not there. Nobody’s there to help.

Maybe the parents are squabbling over who does the pick up and drop off. And this poor kid is stuck at school for an extra two hours until school’s absolutely closed might sound like a nightmare situation because it is. If two parents cannot co-parent, that child is going to live a life of total uproar, which can be a life of bitter unhappiness, which is one of the reasons why so many kids nowadays report having negative thoughts mentally and why so many kids are seeking therapy or brought into therapeutic situations. We must take this very seriously.

I know easy for me to say I’m a divorce attorney. Yes. And this is a line of work that I didn’t naturally believe that I would ever work in. And yet I understand it so thoroughly. I understand it. I’ve lived it. I know all about it. My parents were divorced. My brother’s divorced. Child custody situations in our family are certainly not an unfamiliar situation by any stretch by any stretch of the imagination.

What I can say is that having been a child of divorce, knowing other children of divorce and having been professionally and personally involved in these situations, it’s devastating on a kid. So hurtful. And imagine if you have a preference for one parent because they’re the parent that treats you well, that really seems to care about you. And you only get to see them 20%, 30%, 40, 50 % of the time.
And then the other time you’re with the parent that might not be quite as emotional with you. And I mean that in a good way, not quite as caring and compassionate, not quite as concerned for your wellbeing, maybe a little more strict. Not that’s a thing either. I think you understand the point though. The differences in parental approaches and the kind of struggle and tug of war with the parents bleeds through to a child custody too, bleeds through to how they parent.

And now you are a child of two worlds subject to the child custody laws in Florida. Not only that, what happens when mom and dad get remarried or date somebody else? Maybe lots of somebody else’s. Then, if both of your parents are remarried and they have more kids with those other spouses, or you inherit stepbrothers and stepsisters, now you have not just two homes, you now essentially have four different homes. You have multiple blended families with multiple people to get along with multiple people to compete for attention with, new rules, new situations. Your life is constantly changing. When are you ever going to have routine and consistency and stability? If this is what normalcy is, then normalcy might need a new definition. When it comes to divorce, equal timesharing is the default position, but I urge you to consider what is best for your child.