Fort Myers Divorce Attorney
Call (239) 970-6844 for Client-Focused Advocacy
In Florida, divorce is a marital separation that cannot be resolved through
dissolution of marriage process. Divorce is a very big decision, and at
Your Advocates, we understand that this choice is often a difficult one. You deserve
to have seasoned, knowledgeable, and dedicated counsel to support you
through each step.
Why choose a Fort Myers divorce lawyer from our firm?
- More than five decades of legal experience on your side
- Work one-on-one with your attorney
- Caring and tenacious legal counsel
- A game plan that is tailored to your unique circumstances
- Se habla Espanol!
Discuss your legal options with a trusted legal advocate:
Schedule your FREE consultation!
Se habla español.
Grounds for Divorce in Florida
Florida is a no-fault divorce state, which means that you don’t need
to prove that your spouse is at fault before you can file. In the state
of Florida, either spouse will be able to file for divorce in the simple
case that the marriage is “irretrievably broken.” That means
that there is no chance for reconciliation and that the only solution
is to split apart. The other ground for divorce is if one of the spouses
is mentally incapacitated for a minimum of three years. Neither party
has to prove that the other is to blame in order to divorce.
Two Types of Divorce: Contested & Uncontested
You will have two different ways you can proceed with your divorce. If
you and your spouse both agree that the marriage is irretrievably broken
and you also agree on terms of the following, you can file for divorce
by signing a settlement agreement:
This is called an
uncontested divorce. This type of divorce is typically faster than one that is contested, because
there is no court trial.
The other type of divorce occurs when couples don't agree on the terms
of their divorce. Sometimes, a judge may recommend that the conflicted
couple go through mediation from a court-appointed source, a different
type of uncontested divorce proceeding. Some couples simply cannot work
together, however. In these instances, the couples will need to go to
trial. This often extends the divorce process and is referred to as
Deciding the Terms in a Divorce
When you are going through a divorce, you will need to make decisions concerning:
Alimony / spousal support: Alimony is the payment given from one spouse to another during the divorce
procedure, and spousal support involves fixed payments from one spouse
to another after the marriage is terminated.
Child custody: Perhaps the most debated issue in divorce is who will get to care for the
children. Parents can choose primary custody or shared custody plans and
will then need to maintain the set schedule and care for their children
as they have agreed to do in their petition. Parents often go to trial
over this issue.
Child support: A non-custodial spouse may be required to pay a custodial spouse for the
children's expenses, in order to maintain his or her duty as a parent.
Visitation: If one spouse is not going to be the custodial parent, he or she may be
allowed visitation privileges with the children. A visitation schedule,
including holidays, should be created as part of the divorce process.
Property division: When you decide to divorce, you will need to divide marital property in
a fair and appropriate manner.
Hire a Client-Centered Divorce Attorney in Fort Myers!
If you are going through a Florida divorce, don't hesitate to hire
a caring professional at Your Advocates to help. We offer free consultations
for all potential clients. You will work directly with an attorney at
our firm who will be easily accessible and communicative throughout the
Contact us today if you want to learn more!