Divorce Lawyers in Naples, Florida
The decision to get divorced can change your life and family forever. The choices you make today as you finalize your divorce settlement can impact your family for years to come. Divorce is often a highly emotionally-charged issue. However, divorce is also a legal process with legal concerns that must be considered. If you are getting divorced, you need to consider how you’ll divide debts, property, assets, real property, businesses, bank accounts, and if you have children, you’ll have to develop a parenting plan that the courts will approve.
If you are getting divorced, it is important to plan ahead. Contact Long & Alguadich, PLLC, divorce lawyers in Naples, Florida, today. Our firm can review your finances, debts, shared property, parenting and children issues and help craft the best solution under the law. In the alternative, should mediation fail, we will prepare the best case for you to present at trial to maximize your outcome for you and your children.
How Can I Get a Divorce 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 that 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.
During 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.
Before negotiating or finalizing your marital difficulties, it is wise to speak to a Family Law Attorney in Naples, Florida. We at Long & Alguadich, PLLC, would be happy to meet with you and assist you in navigating through the legal process and formulate the best plan possible for you and your family. We offer progressive solutions to individuals and couples seeking divorce. Our firm understands the unique challenges that divorcing couples face. This can be a highly uncertain and emotionally-charged time, but you are not alone. Contact us today to learn more about your options.
Questions About Divorce in Naples, Florida
If you are getting divorced, this might be one of the hardest times in your life. You may have many questions and be facing a great deal of anxiety. The divorce lawyers at Long & Alguadich, PLLC in Naples, Florida can help clarify the divorce process. Here are some common questions divorcing individuals ask:
- How long will my divorce take? Every divorce process is unique. You’ll need to meet Florida’s residency requirements in order to get divorced. Each step in Florida’s regular divorce process can take anywhere between 20 and 45 days. Even if you and your spouse agree on everything during this process, a divorce can take several months to finalize. In cases where litigation or mediation is necessary, the process can take longer.
- How much does it cost to get divorced? In Florida, filing fees can change, but currently, the filing for a divorce petition will cost $408.00 in filing fees, and an additional $10.00 summons fee. However, this is just the cost to file for divorce with the Clerk of Courts. Individuals should also consider legal fees. Filing for divorce without seeking the help of a qualified divorce lawyer can be incredibly costly in the long-term. A divorce attorney can review your assets, debts, and family situation to help you find the best possible resolution to your case under the law.
- Should I take my divorce to court? In many cases, a qualified divorce lawyer in Naples, Florida like Long & Alguadich, PLLC can help you resolve your divorce case outside of court. In some instances, it is in both party’s best interests to resolve financial matters and child custody matters outside of court. Taking a case to court means that you are allowing a judge to make a decision for your case. This can result in an outcome neither party wants.
- Am I entitled to receive alimony? You may be entitled to receive alimony in certain cases. For example, if you stayed home to raise children, if you gave up job opportunities to help your spouse further his or her career, or if you helped your spouse get his or her degree by supporting him or her through school, you may be entitled to seek alimony.
- Am I entitled to receive child support? If you receive custody of the children, or if you care for the children for the majority of the time, you may be entitled to receive child support. The amount of child support you are entitled to receive will depend on the income of both you and your spouse and the Parenting Plan for your children. There are other costs associated with it, but these are the main variables to consider.
- Will I have to sell our home? That depends on a number of factors. The value of the home, the balance of the mortgage owed on it, the extent of other assets you and your spouse own. The age of the children and the need to maintain the home are other factors influencing the answer to this inquiry.
If you are contemplating a divorce in Naples, Florida, consider speaking to the experienced divorce attorneys at Long & Alguadich, PLLC Our attorneys can review your case, answer your questions, and help you reach a divorce settlement as soon as possible. Whether you have many assets or few, a divorce lawyer Naples, Florida can protect your rights and guide you through the divorce process.