Fort Myers Divorce Lawyer

Not all marriages have a happy ending. In fact, about half of them end in divorce. If you think your marriage is at the end of the line or you are undergoing the divorce process, you may have some questions. A Fort Myers divorce attorney can answer those questions and handle your divorce.

Patrick McLain Law knows the many challenges that come with divorce and family law. He’s ready to take on those challenges and represent you in the fight for your future.

How Divorce in Florida Works

In Florida, the divorce process might be straightforward or complex. The state is a no-fault state, which means that you do not need to have a specific reason for the divorce. As long as your marriage is irretrievably broken, you can file for divorce. 

To file for divorce, you must file a Petition for Dissolution of Marriage. Your spouse will be served with the petition and has time to respond to it. Both spouses will need to turn in signed financial affidavits that reveal their tax return details, income, and more.

In many cases, the court will order you to go through mediation before you appear in trial. During mediation, you and your spouse will attempt to agree upon all the issues of the divorce. If you can’t agree, your case will be handled by a judge and you’ll receive a court date. 

Simplified Dissolution of Marriage

In some cases, both spouses agree upon the terms of their divorce. If you agree on the terms of asset division, have no minor children, and no one wants alimony, you can apply for a simplified dissolution of marriage. 

While this type of divorce is simple, it’s rare. Most Fort Myers divorces require a judge’s intervention.
Common Challenges Encountered When Resolving

DivorceWhile you and your spouse may agree on some of the terms of your divorce, it’s likely that there are a few areas of contention. Typically, spouses disagree on one or more of the following issues:

Child Custody

When it comes to their children, parents tend to react emotionally. For this reason, child custody often results in a heated debate. Both parents may be willing to do anything to get more time with their child or children.

According to Florida law, shared parental responsibility is favored. The courts believe it’s usually in the best interest of the child to have both parents involved. However, there are exceptions to this and the court rarely offers a direct 50/50 split. 

Asset Division

With a homeownership rate of 46.7% in Fort Myers, many divorces involve some sort of asset division. In Florida, there must be an equitable distribution of property. All of the property acquired during the marriage belongs to the spouse who earned it. When a divorce occurs, the assets should be split in a fair way.

While the laws regarding asset division are straightforward, the issue may get complicated. It’s important to speak with a lawyer to understand your rights.

Alimony

Another difficult issue to resolve is alimony. In some cases, one spouse could be required to pay alimony to the other. The money is used to help the other spouse maintain a standard of living as they recover from the divorce.

Working with a Fort Myers Divorce Attorney

If you’re going through a divorce, you don’t need to struggle on your own. By working with an experienced divorce attorney, you can have someone standing in your corner. Here at Patrick McLain law, we want to help you get the results you want. Call us today to learn more about our firm.