Florida – April 25, 2021

When the decision to divorce is finally made, questions arise as to how quickly and effectively legal proceedings can be resolved with a smooth outcome for both parties and any children from the marriage.

Average time.

Twelve months is the average time a divorce action may take, but some can linger for two years, or more depending on multiple factors including the amount of money involved in litigation, the safety of children, real property division and other assets that need to be sold, or transferred.  A competent divorce attorney will try to conclude a proceeding in a timely manner while addressing all spousal concerns so that neither will have to return to court to correct an issue.

Document preparation.

Divorce can be a very stressful period in a person’s life and it is helpful to consult with legal counsel to outline the documents that will be necessary as you move along with the legal process.  Florida divorce lawyers can objectively work to resolve the most sensitive issues resolving child custody arrangements which tend to be one of the most emotional components of the divorce proceeding.

Residency.

At least one party to the action must be a resident of Florida for six months prior to divorce, and file the paperwork in the county of residency. Naples divorce petitions are filed in the Twentieth Judicial Circuit Court in a State of Florida “no fault” action, where it is only necessary for one party to say the marriage is “irretrievably broken” without placing blame.

Financial matters.

Divorce can leave financial devastation for one, or both parties when it is not handled correctly.  Financial matters include long term support for spouses, children, and households as well as emergent support in some cases.

  • Alimony – financial support to a divorced party from their former spouse, usually the main financial provider of the marriage, made under order of the court.
  • Child Support – financial support based on each parties’ income; child care and insurance costs for the dependents, and how many overnights each parent spends with the child. Child Support Guidelines Worksheets must be completed by both parties and attached to the final agreement.
  • Distribution of Marital Assets/Liabilities – distributing the assets and liabilities between the parties to the divorce as directed by the court.
  • Emergency Support – financial support sought after for a separated party before the divorce can be finalized and spousal/child support mandated by the court in the divorce action.

Family matters.

Child Custody –  child custody lawyers can work with both parties in the best interests of the child, taking into consideration a multitude of factors such as:

  • Child preference if over 13 years of age.
  • Parents preference if in agreement.
  • Mental and physical health of parties.
  • Child’s community, school and home environment.
  • Parental history of violence.
  • Relationship between child and each parent.
  • Moral standing is taken into consideration – so adultery may be a factor here.

Parental Visitation – a schedule to be decided upon in advance when shared custody is agreed upon and ordered by the court.

Marital Settlement Agreement – Florida divorce lawyers will draft a formal agreement between the divorcing parties spelling out all the agreed upon terms regarding finances, dependent care, shared visitation, and expenses incurred over child support obligations for dependents.

Divorce action types in Collier County, 20th Judicial Circuit include:

  • Simplified dissolution of marriage,
  • Dissolution of marriage with dependent children,
  • Dissolution of marriage with no children,
  • Dissolution of marriage with no children, or property.

Hire a lawyer.

Consulting with an experienced family law attorney at The Law Offices of Michael M. Raheb is prudent for individuals who are contemplating divorce in Naples Florida.  The process can be time consuming, emotionally draining, financially devastating and detrimental to family stability if not handled correctly.

The Law Offices of Michael M. Raheb, P.A.
2423 First Street,
Fort Myers FL 33901
Office: 239-226-0888
Fax Number: 866-949-0888

Sources:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061ContentsIndex.html

https://www.divorcesource.com/ds/florida/residency-requirements-for-a-florida-divorce-816.shtml

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