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.

Discuss your options with a divorce attorney in Fort Myers during a free consultation.
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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.

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.