Filing For A Divorce With Family Law Lawyers In Fort Myers

by | Feb 28, 2018 | Lawyers and Law Firms

In Florida, divorce cases help couples end their marriages amicably when possible. The proceedings sever all connections between the spouses and give them the freedom to start new lives. State laws require all petitioners to establish a six-month residency before filing. Family Law Lawyers in Fort Myers offer immediate assistance for couples hoping to file for a divorce.

Why is the Petitioner Filing?

The state of Florida has two divorce grounds that are acceptable. An irretrievably broken marriage indicates that each party is taking responsibility for the breakdown of the marriage. The second option is mental incapacity. For mental incapacity, the petitioner provides evidence of the defendant’s admission to a mental facility for at least three years before filing.

What is an Equitable Division of Marital Property?

The state requires an equitable division of the marital property that gives each party an equal share. All assets are divided equally, or alimony is provided to balance the difference. The marital home, all automobiles, retirement plans, and life insurance policies are divided. Household items of value are also divided equally. Any issues lead to mediation if the couple doesn’t reach an agreement.

What Types of Alimony are Available?

First, bridge the gap alimony provides financial assistance through the transition between the separation and the divorce. Rehabilitative alimony provides payment for an educational program that increases the spouse’s earning capacity. Durational alimony is temporary alimony that is provided for a predetermined amount of time. Permanent alimony is provided for the former spouse’s lifetime.

How is Child Custody Determined?

The earning capacity and disposition of the parents is the first factor reviewed. The custodial parent has a suitable home for the child and a stable relationship with the child. The non-custodial parent receives shared parenting time with the child on weekends and holidays. Child support provides financial assistance to cover half of the child’s expenses.

In Florida, divorce cases involve agreements to divide property, assets, and parenting time. The spouses establish their legal rights to retirement plans, manage debt, and make decisions about income taxes. Petitioners who need assistance from Family Law Lawyers in Fort Myers contact the Law Office Of James W. Chandler P.A. right now.

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