Fort Myers Divorce Lawyer
Helping Families Through Florida Divorce
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 Attorney from Our Firm?
- More than seven decades of combined 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 options with a divorce attorney in Fort Myers during a
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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.
Residency Requirements for a Florida Divorce
For any couples who wish to divorce in Florida, one of the parties must be able to prove residency of at least 6 months. According to Florida Statute 61.052 (2), there are minimum qualifications of residency that can be met by having one of the following:
- A driver's license issued in Florida
- A voter's registration card issued in Florida
- Any ID card that is Florida issued and valid
- Credible testimony from a third party
If you planned on making Florida your home, but it never materialized, you can still prove residency by:
- Showing proof of a home purchase or lease
- Gaining employment that is deemed to be on a permanent basis
- Owning an address in Florida that is utilized for both official and personal reasons
Contested & Uncontested Divorce
If you and your spouse both agree that the marriage is irretrievably broken, but you agree to important terms, you can file for divorce by signing a settlement agreement. This is called an uncontested divorce and is typically faster than one that is contested because there is no court trial. Couples who wish to go this route can expect their divorce to be finalized in as little as 4-5 weeks. For an uncontested divorce, both parties must agree to terms spousal support, custody, and division of property. This should not be confused with mediation, as uncontested divorces do not focus on resolving active disputes or disagreements. However, one of the roles of mediation is to bring couples on the path to an uncontested filing.
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 goes through mediation from a court-appointed source. 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 a contested divorce. Couples who go this route can expect their proceedings to take 6 months or longer, depending on the issues at hand. For any fees associated with this type of filing, people can expect to pay for their own lawyer and individual court costs. One of the spouses is not responsible for both.
Deciding the Terms in a Divorce
When you are going through a divorce, you will need to make decisions concerning the items below. It is not always easy to discuss these with your partner and it is in your best interest to reach out to a Fort Myers divorce lawyer for guidance or representation.
- 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 property in a fair and appropriate manner.
Hire a Divorce Attorney in Fort Myers
If you are going through a divorce in Florida, don't hesitate to hire a caring professional at Your Advocates to help. Any Fort Myers divorce lawyer at our firm can meet with you for a free consultation. You will work directly with an attorney who will be easily accessible and communicative throughout the process. Contact us if you wish to learn more.
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