This has truly been a long ride for me as a simple divorce turned into an unnecessary stressful event. I truly wish I would've known about this practice when I decided to proceed with this divorce back in 2014. Jorge Santana actually cares for his clients, he listens to your concerns and fears and fights for them as they are his own. He keeps you updated on all details and makes sure you're okay ...

Fort Myers Divorce Attorney

Call (239) 970-6844 for Client-Focused Advocacy

No matter which way you slice it, divorce is difficult for both petitioner and respondent. At Your Advocates, we understand the sensitive issues divorce presents, such as costs, timing, and additional factors such as military involvement. 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

Divorce Lawyer in Fort Myers, Florida

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 contested divorce.

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 divorce process. Contact us today if you want to learn more!

Request your free consultation online or give us a call at (239) 970-6844 today!

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