In this episode of When Split Happens, Jacksonville family law attorney Jay Henderlite of Sasso Guerrero & Henderlite answers a question that surprises many couples: Do you have to be legally separated before filing for divorce in Florida? The short answer is no—but Florida’s divorce laws have important rules every spouse should understand before filing.

Jay explains why Florida does not recognize legal separation, how the state’s no-fault divorce system works, and what legally replaces separation under Florida law. Listeners will learn the two requirements for filing a divorce in Florida—the six-month residency rule and the standard of “irretrievable breakdown of the marriage.”

This episode also covers common concerns for couples who are living apart but not yet divorced, including:

• Whether living separately affects divorce, custody, or time-sharing decisions
• How income, debts, and marital assets are treated during separation
• What happens if one spouse disagrees that the marriage is over
• Whether Florida recognizes trial separations or separation agreements
• How parents can establish temporary support or custody without filing for divorce
• When a petition for support unconnected with dissolution may be appropriate

Jay also discusses how informal separation can impact parenting arrangements, financial rights, and future court decisions—especially for families in Jacksonville and Northeast Florida.

If you’re considering divorce, recently separated, or trying to understand your legal options before taking the next step, this episode provides clear, Florida-specific guidance from an experienced Jacksonville divorce attorney.

Learn more about Florida divorce and family law at familylawyerjax.com.

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In this episode of When Split Happens, Jacksonville family law attorney Jay Henderlite of Sasso Guerrero & Henderlite breaks down when and how child support can be modified under Florida Statute 61.14. Learn what counts as a substantial, permanent, and involuntary change in circumstances, how courts recalculate support, and why timing matters more than most parents realize.

Jay covers:

• How income changes, job loss, medical needs, or therapy costs may justify a modification
• When courts impute income for voluntary underemployment
• Why agreements between parents aren’t valid until approved by a judge
• The complete modification process, including petitions, financial affidavits, and mediation
• Common issues for military and offshore-working parents in Northeast Florida
• Mistakes that can cost parents thousands in back support

If you’re navigating changes in finances, childcare costs, or your child’s needs, this Florida-specific guide helps you understand whether you meet the legal standard for modification in Jacksonville and surrounding counties.

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In this episode of When Split Happens, attorney Jay Henderlite of Sasso Guerrero & Henderlite breaks down one of the biggest misconceptions in Florida family law — the belief that mothers automatically get custody. Jay explains how Florida’s custody laws are gender-neutral, how courts apply the “best interests of the child” standard, and why both parents start on equal footing.

You’ll learn what judges look for when determining time-sharing, how the 2023 presumption of 50/50 custody works, and when equal time may not be appropriate. Jay also shares practical tips for parents in Jacksonville who are preparing for divorce, separation, or a custody case, including how to show involvement, maintain stability, and communicate effectively with the co-parent.

About Sasso Guerrero & Henderlite (Jacksonville, FL): Family law attorneys serving Northeast Florida in divorce, child custody, child support, parenting plans, and paternity cases.

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