If you are planning on filing for divorce or if you have been served with divorce – dissolution of marriage – contact The Guardian Law Firm as soon as possible. We provide family law services throughout southwest Florida including divorce mediation, child support and custody issues, spousal support or alimony issues, domestic violence issues and more. Our Fort Myers divorce lawyer is always in your corner and will ensure that the issues in your divorce case are handled and ruled on fairly.

Separation

While Florida does not have legal separation, our Naples Separation attorney can help you with separation issues before you file for divorce. In some cases, a couple may separate but choose to hold off on divorcing. Sometimes, this action may backfire in that one spouse may not allow visitation or the other may not pay the agreed upon child support. Attorney Guichard St. Surin will ensure that your rights are protected even if you have not filed for divorce.

About Filing for Divorce

Florida is a no-fault divorce state. This means that you do not need a reason to get divorced. Your petition simply states that you and your spouse have “irreconcilable differences.” Once you file for divorce or once you have been served with divorce, the respondent – the person being served – has a specific number of days to respond. If the respondent does not respond within that time, the court could hold the respondent in default and award the petitioner – the person who filed – everything he or she asks for.

Non-Attorney Divorce

While Florida allows you to file your own divorce, it is best to retain an experienced Florida divorce attorney to ensure that the divorce is fair. While you may think something is fair, it could have repercussions later. If you and your spouse agree on everything, Attorney Guichard St. Surin will draft a marital settlement agreement that ensures that both parties are fairly treated in all issues including child support, spousal support, equitable distribution and other issues.

Equitable Distribution

Florida law does not say that each spouse is entitled to “half.” It states that the assets must be equitably distributed. Distribution of assets is based on the parties’ separate financial situations, pre-marital property that may be awarded to one or both parties, whether alimony has been ordered, child custody and child support, and several other issues. You may be entitled to 60 percent of the assets instead of 50 percent.

Divorce can be complicated because you are basically entering a contract to dissolve a previous contract – the marriage. To ensure fair treatment of both parties and to ensure that both parties have a fair amount of assets and liabilities, and a fair amount of time with the minor child(ren), contact an experienced Fort Myers divorce attorney.