Naples Divorce Lawyer

Naples Divorce Attorney

Your Guide to Filing for Divorce in Florida

Divorce. The thought alone can give rise to conflicting emotions and numerous questions. Where will you live? What will happen with your children? If you own a business, how will it be affected? These questions can bring about uncertainty and stress. A Naples divorce lawyer can help alleviate this by informing you of your rights and explaining Florida divorce laws.

Our trusted divorce attorneys in Naples are here to answer all of your questions and to address all of your concerns. Our attorneys have a history of representing clients in all types of family law, and we are positioned to deliver real results.

Comprehensive Divorce Matters We Assist With

• Alimony (spousal support or maintenance)
• Business valuation
• Child custody
• Child support
• Parental time sharing (visitation)
• Property, asset, and debt division

Personalized Divorce Solutions Tailored for Your Family

In the United States, there were 672,502 divorces, equating to a divorce rate of 2.4 per 1,000 population. In Florida, this rate was slightly higher at 3.0 per 1,000. Florida divorce laws are set by the Florida State Legislature, but interpreted by local divorce courts. Florida law primarily dictates divorce through Chapter 61 of the Florida Statutes.

When a marriage ends, often, everyone in the family suffers emotionally. Our attorneys understand this; we will be sensitive to your needs and act as your trusted allies throughout the divorce process. By addressing both the humanistic and legal aspects of your divorce, we provide comprehensive services that help you move efficiently toward a positive settlement and a more constructive and healthy life. We will help you work amicably with your spouse, which will allow you to keep your dignity and will likely result in a more favorable outcome.

When you choose Shemkus Family Law, P.A., we will work closely with you to clearly identify your goals and then pursue these to the fullest extent of our abilities and resources.

The majority of divorce cases filed in Naples are handled at the local Collier County courthouse. Naples divorce filings, temporary relief hearings, mediation referrals, and final judgments of dissolution are usually processed at 3315 Tamiami Trail East, Naples, FL 34112.

Understanding Florida’s No-Fault Divorce Process

Florida, like many states, does not consider fault as a ground for divorce. However, in certain circumstances, fault may impact the equitable distribution of marital property, alimony, and parental time-sharing determinations. This is just one of many reasons why it is extremely important to hire a law firm with significant experience handling complex divorces in Florida.

Ways to Get Divorced in Florida

If you’ve started the process of getting divorced, chances are you’ve heard of all of the legal options, but aren’t really sure how they work or how they differ from each other. Florida’s divorce options were created for different situations, and it’s important to understand the process that may ultimately be used to dissolve your marriage.

Simplified Dissolution

Simplified dissolution of marriage is the simplest way to get divorced in Florida. Couples seeking a simplified dissolution find that even if they are eligible to use this method of getting divorced, they must meet all of Florida’s requirements to use this process. Many divorcing couples believe they qualify for simplified dissolution, only to find they do not meet all of the necessary criteria. Typical eligibility requirements include:

• The couple has no minor or dependent children together.
• Neither spouse is pregnant.
• Neither spouse is seeking alimony.
• The parties have signed a marital settlement agreement dividing all property and debt.
• Both parties may sign a waiver of the right to appeal.

Florida couples wishing to file for simplified dissolution must file these forms together. They may also be asked to appear together in court for the final hearing.

Uncontested Divorce

When a couple agrees on all issues but does not qualify for simplified dissolution, they have an uncontested divorce. The most common reason divorcing couples do not qualify for simplified dissolution is if they have children together, own real estate, or if one spouse has retirement accounts or owns a business.

It’s easy to think that if both spouses agree to the divorce and all issues, the court can just take your paperwork and grant the divorce. However, the court still must review your case and ensure that your settlement complies with Florida divorce laws. The court must also ensure that any agreements made are in the children’s interests. An uncontested divorce can be quick, but both parties should still exercise due diligence.

Contested Divorce

When a couple disagrees on one or more issues relating to the divorce, they have a contested divorce. Some of the issues that are commonly fought over in divorce include:

• Division of marital assets and debt
• Alimony
• Parental responsibility and time-sharing schedules
• Child support

Litigation can include temporary hearings, discovery, mediation, trial, and much more. As a result, contested divorces can take much longer than uncontested divorces and can be emotionally draining.

Urgent Situations and Temporary Orders

In certain situations, it may be necessary to have the court involved in your divorce before it is finalized. Temporary relief allows parties to ask the court to make decisions prior to the final hearing. Typical reasons someone would file for temporary relief in Florida include:

• Establishing a temporary child custody schedule
• The need for child support or alimony
• Need to determine who gets to stay in the house and who is responsible for the bills
• Protection of children in high-conflict or abusive situations
• Protect marital assets from being wasted by dissipation or excessive spending

Florida law allows the court in Collier County to provide structure for your family by issuing temporary orders. If you need urgent relief, you should speak to your attorney about filing a Motion for Temporary Relief.

Benefits of Divorce Mediation Services

You might be wondering how divorce mediation works. During this process, a mediator will facilitate peaceful negotiations and discussions between you and your spouse. The mediator functions as an impartial third party, who is separate and not aligned with either your attorney or the attorney of your spouse.

The mediator will focus on your and your spouse’s interests, giving both of you a chance to air your concerns on equal footing. His or her goal will be to promote understanding and communication at all times to achieve the following goals:

• To arrive at a legally appropriate, equitable divorce agreement that is acceptable to both parties.
• To avoid the costs, expenses, and stresses associated with divorce court litigation.
• To minimize the chances that the spouses will become hostile with one another.

When these three goals can be achieved, the advantages of mediation are clear.

Mediation proceedings are obviously not going to be appropriate for all couples. A skilled mediator can do a lot to guide couples — even disagreeing couples — toward reaching a peaceful divorce settlement. However, some spouses will not be able to get along no matter what a mediator does. It is therefore important for couples to keep a realistic perspective when deciding whether divorce mediation is the correct path for them.

Exploring Divorce Challenges in Naples, FL

In Naples, Florida, navigating the complexities of divorce can be a daunting task for many families. Local resources, such as the Collier County Clerk of Courts, provide essential information on matters like division of assets, child custody, and support guidelines, helping parents and spouses understand their obligations and rights during this difficult time. The emotional and financial stress of divorce can be overwhelming, especially when children are involved. Many individuals worry about providing for their families while also maintaining their own financial stability.

Hire a Divorce Lawyer

If you are considering divorce, it may be time to hire a divorce lawyer. If you find yourself facing complex financial matters, contentious child custody issues, or urgent requests for temporary relief, a Naples divorce attorney can help. Your divorce lawyer can help protect your rights and ensure your case is put together properly from the beginning.

Dedicated Support for Divorce Cases in Naples

Our team is well-versed in the local laws and regulations surrounding divorce in Florida. We recognize that each family’s situation is unique, and we are committed to helping you reach a resolution that is suitable for your family. Whether you are seeking to finalize a divorce, establish custody arrangements, or address spousal support, we can guide you through the process with compassion.

Additionally, we understand that many families in Naples face challenges such as job loss or changes in income, which can complicate divorce proceedings and financial agreements. Our attorneys can help you navigate these changes and advocate for your best interests. We provide personalized support tailored to the specific circumstances of families in our community.

FAQs

Why Hire a Divorce Attorney in Naples, FL?

Hiring a Naples divorce attorney is crucial because they provide seasoned guidance through one of the most emotionally and legally complex processes. Divorce involves various legal considerations, such as property division, child custody, and alimony, which can be difficult to navigate without professional help. A skilled attorney can work to protect your rights, help you avoid costly mistakes, and work to pursue a fair and favorable outcome. Additionally, having an experienced attorney allows you to focus on your well-being and the future, while they handle the intricate legal details and negotiate on your behalf.

When is Divorce Mediation Unsuitable for You?

Divorce mediation may not be suitable if there is a history of domestic violence or abuse, as this creates an unsafe environment for one party to negotiate effectively. It’s also not ideal when there is a significant power imbalance, where one party may be manipulated or coerced into an unfair agreement. Mediation is less effective if one or both parties are unwilling to cooperate, communicate openly, or are determined to pursue a contentious, adversarial approach. In these scenarios, traditional legal proceedings may be necessary to protect the interests of both parties.

What Is the Average Cost of a Divorce Lawyer in Florida?

Hourly fees for divorce lawyers in Florida vary depending on the complexity of your divorce and whether contested issues exist. Fees can be higher if there are disagreements regarding children, property, or support. Uncontested divorces tend to cost less. If your case is litigated through court hearings, fees can rise substantially over time.

What Is My Wife Entitled to in a Divorce in Florida?

Florida practices equitable distribution rather than an automatic 50/50 split. Your wife may be entitled to an equitable portion of marital assets and debts according to Florida statutes, which take into account the length of marriage, financial input of each spouse, and economic circumstances. She may also be entitled to receive child support, time-sharing, or alimony depending on the circumstances.

What Assets Are Considered Marital Property in Florida?

Marital property typically refers to assets and debts incurred during the marriage. These can be in either spouse’s name. It typically includes income earned by either spouse, real estate, retirement accounts, businesses, and credit card debt incurred by either spouse. Separate property includes anything owned prior to marriage, as well as gifts and inheritances received by only one spouse. If kept separate, these may remain non-marital property.

Do Both Spouses Have to Agree to the Divorce in Florida?

No. Florida is a no-fault divorce state. This means that only one spouse must believe the marriage is irretrievably broken to file for divorce. If the other spouse does not agree with the decision or refuses to cooperate with the filing spouse, the court may still grant a motion to proceed with the divorce case. While disagreement may lengthen the time of your case, it does not bar you from getting a divorce.

Contact Shemkus Family Law, P.A.

If you are going through a divorce, Shemkus Family Law, P.A. can help you in the legal process. We understand how personal divorce can be and handle our cases with care. Contact us today for a consultation.