DIVORCE LAWyers / attorneys IN NAPLES, FLORIDA

In order to get divorced in Florida, you must first meet state residency requirements. One party in the marriage must have been a Florida resident for at least 6 months preceding the filing of the Petition for Dissolution of Marriage. Florida is a “no-fault” divorce state, meaning that individuals only need to show the marriage is “irretrievably broken” in order to move forward with divorce.  One need not prove adultery or cruel and unusual treatment, as is required in other states.

In order to file for divorce in Florida, one person in the marriage must file a petition with the court to dissolve the marriage.

According to divorce lawyers in Naples, for a typical dissolution of marriage, the following procedures are followed:

• One party files a Petition for Dissolution of Marriage with the court.
• The responding spouse files an Answer within twenty days of being served. Then, the responding party files a Counter-Petition for Dissolution of Marriage.
• Each party completes a Financial Affidavit and makes financial disclosures by complying with Mandatory Disclosure.
• If there are minor children, a Parenting Plan must be submitted and a Child Support Guideline Worksheet must be filed.
• The Court will order the parties to mediation to attempt to resolve either temporary or global issues. Mediation may also assist couples during the process of developing a parenting plan and deciding on child custody matters.
• In order to finalize the divorce, both parties must agree to written terms for the divorce outside of court. Should they be unable to do so, they will need to take their case to trial for a judge to decide. It is often in the interest of both parties involved to settle their divorce outside of court.