Fort Myers Divorce Attorney

Handling Every Aspect of Divorce in Florida

If a divorce has been decided as the best option, some issues that evolve may become complex. In the State of Florida, there are certain minimum requirements that must be met in order for a divorce to occur. You need to know what these requirements are and be certain that you have met them.

We understand that this process can be very stressful for the individuals involved, especially if there are children, and with the help of a positive, knowledgeable divorce lawyer in Fort Myers, you can avoid creating more problems or extending the time involved in resolving the critical matters of the case.

No-Fault Divorce & Fault Divorce in Florida

In Florida, as in all other states, we have what is known as a "no-fault" divorce. In this type of divorce, you do not have to prove that your spouse did something wrong, but must only give the reason you want a divorce such as the marriage being, "irretrievably broken."

If there are children involved often one of the first things to decide is whether custody of the children is contested or uncontested.

Definition of Contested & Uncontested Custody

If custody is contested this means you and your spouse have decided that the issues between you cannot be worked out amicably. If custody is uncontested the proceedings can become less complex as you and your spouse have reached an agreement regarding how custody will take place.

How Does Length of Marriage Affect Divorce?

In a divorce, the length of the marriage can be a factor in determining the property each spouse is awarded. A greater portion of marital property can be given to one of the spouses under some circumstances. Generally the longer the marriage was the more likely this could happen.​​​​​

What Makes a Divorce Contested?

A divorce is contested when spouses cannot agree on issues which must be resolved before the separation is final.

If you're unable to settle on agreeable terms with the help of your own Fort Myers divorce attorneys, your divorce will be handled in court. While divorce court isn't for everyone, many couples find that having an impartial third party supervise their affairs is the most effective means of parting ways.

A divorce that involves high net-worth often winds up in court. It is also not uncommon for custody battles to get pushed into court as well. Your choice of legal representation will inevitably impact whether you have to go to court.

Is My Divorce Uncontested if We Agree on Everything?

Essentially, yes. Uncontested divorces are much simpler and more peaceful. You and your spouse are able to resolve the terms of your divorce with little fanfare and the end result is one that you both feel comfortable with.

Uncontested divorces tend to be faster, cheaper, and easier on children. This is why it is imperative to choose a Fort Myers divorce attorney who confidently represents your rights and will ensure that you don't wind up with the short end of the stick.

Our firm is staffed with knowledgeable Fort Myers divorce lawyers who have been serving the Fort Myers area for over a decade. Call us today to schedule your confidential consultation!

What Documents are Needed for Divorce in Florida?

In the state of Florida, divorcing spouses are required to provide their lawyers with a wide range of documents and information in order to determine the terms of their separation agreement. This information will play a key role in determining how your assets, debts, and property will be distributed, as well as how issues such as child custody and spousal support will be negotiated. Spouses must be forthright and thorough with this information, as withholding or purposefully omitting information can lead to legal consequences if exposed.

Divorcing couples must collect the following:

1. Prenuptial/postnuptial agreements: Couples who created a valid prenuptial or postnuptial marital agreement will use this document as a basis for their separation agreement. This type of document can greatly simplify the process of separation as many issues will already be decided.
2. Personal records: Immigration papers, birth certificates, social security numbers, and any death certificates of previous spouses must be presented.
3. Tax returns: Approximately three to five years’ worth of state, federal, and local tax returns will be used to determine the income of the spouses and establish the tax implications that will result from a couple’s separation. Employment records and pay stubs are also needed.
4. Property information: Couples who own property, both jointly and separately, must be able to present title deeds and mortgages to prove ownership.
5. Banking records: Statements detailing all checking and savings accounts, deposit slips, and safe deposit box contents need to be reported.
6. Investment accounts: Spouses who have invested in stocks, bonds, and securities must provide this information.
7. Retirement accounts: 401(k)s, 403(b)s, IRAs, social security benefits, and military pensions will need to be disclosed.
8. Business documents: If one or both spouses own a business, documents such as shareholder agreements, building leases, partnership agreements, profit and loss statements, and insurance policies will be relevant.
9. Estate planning documents: If the spouses have an estate plan, information about powers of attorney, wills, trusts, and advance health care directives need to be shared.
10. Information about children: Spouses who have children together will need to provide their attorneys with their children’s birth certificates, medical information, citizenship papers, and expense records. Photographs or videos depicting the child’s bond with a parent can be used to help child determine custody issues.

A Reputation for Dynamic Representation in Fort Myers. Call Today!

We strongly feel that if you are to go through a divorce you should not have to face the legal system and the opposing counsel without effective and experienced legal representation. You will probably be making many decisions that will affect you and your loved ones for the rest of your life.

When you deal with any of the issues surrounding divorce, you should be sure to retain the services of a caring and trained professional from our firm. Calvo & Calvo, Attorneys At Law handles cases throughout Lee County. Our Fort Myers divorce attorneys are prepared to discuss your case and advise you how to proceed with your personal divorce matter.