Fort Myers Family Law Attorneys
Family Law Guidance for What Comes Next
Facing a divorce, child custody dispute, support matter, or another family law issue can bring difficult decisions. Davis & Associates provides experienced legal guidance to help Fort Myers families understand their options, protect what matters most, and move forward with confidence.
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Deciding to divorce is about a life reset. It is an opportunity to end a broken relationship and build a more positive future for you and your children. However, it is not a decision that comes easily or without challenges.
The moment you commit to filing for a dissolution of marriage, you begin a journey of negotiation, compromise, and ultimately resolution.
To get there, you’ll need the support of an experienced Fort Myers, FL family law attorney.
The attorneys at Davis & Associates represent clients throughout Florida and across the country. We understand the local laws. More importantly, we understand the commitment you’re making to start a new life, and we want to honor that with honest communication and unwavering support.
Filing for Dissolution of Marriage in Lee County
In Florida, divorce is called a dissolution of marriage. Couples living in Fort Myers must file for dissolution with the Lee County Clerk of Court. There is a nominal $408 filing fee, but the forms must be completed correctly, or the process can be delayed.
To file, at least one spouse must have lived in Florida for at least six months.
Because Florida is a no-fault state, the only reason you need to provide for the divorce is that the marriage is irretrievably broken with no hope of reconciliation.
After you file the petition, you will serve your spouse. In most cases, this won’t come as a surprise to your spouse, especially if you’ve talked it over in advance. However, a sheriff or private process server must still serve the petition. Your spouse then has 20 days to file a written answer agreeing or contesting the request.
After that, both parties have 45 days to exchange financial affidavits and any supporting documents. In Florida, you can approach the dissolution of marriage as contested or uncontested.
Uncontested Divorce
With an uncontested divorce, both partners agree on every single aspect of ending the marriage. That means agreeing on property division, debt splitting, alimony, child support, and a parenting plan, if there are kids. An uncontested divorce is the quickest path to a final decree. The timeline depends on how long it takes to negotiate the agreements.
Contested Divorce
If a couple declares a contested divorce, it means they can’t agree on the major issues. This will draw out the process and require mandatory court-ordered mediation. If mediation doesn’t result in an agreement, the family court judge will decide the outcome after reviewing the evidence presented.
Whether you’re going through a contested or uncontested divorce, you should involve Davis & Associates from the start. We can represent you through every phase of the divorce process to protect your interests.
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Setting Up Parental Responsibility and Time-Sharing Agreements
When referring to child custody, Florida law does not use the terms “legal custody” or “physical custody.” Instead, it divides parental agreements into parenting plans, parental responsibility, and time-sharing. This is what those terms mean:
Parental Responsibility
This refers to a parent’s authority to make major life decisions for their child. That includes which doctor and dentist to visit, which school to attend, and what type of religious upbringing you want for your child.
Florida family court presumes that parents will continue to share this responsibility and decide these issues together.
Time-Sharing
This schedule outlines how much time the child spends with each parent. As with responsibility, Florida law assumes parents will create an equal, or 50/50, time-sharing calendar. That calendar must include how time-sharing will work for holidays, birthdays, spring break, and summer vacation.
However, this concept can be challenged if it is in the child’s best interest. For instance, if there’s a concern that switching between locations will disrupt the child’s school, there could be a compromise.
Parenting Plan
This mandatory written document, approved by the court, details the time-sharing schedule, decision-making responsibilities, and communication rules.
For couples in a high-conflict plan, courts might mandate communication platforms. There may also be additional response rules, such as a mandatory response window of 24 and 48 hours for non-emergency messages.
Standard Florida public policy clauses forbid parents from speaking negatively about each other or discussing legal/divorce disputes in front of the children.
Parenting plans should also set communication rules for the children, including specific times and frequencies for calls and an agreement to limit calls to 30 to 60 minutes before bedtime.
Florida policy also stipulates that neither parent may interfere with that communication.
Practice Areas
- Divorce
- Child Custody
- Child Support
- Father's Rights
- Restraining Orders
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Negotiating Asset Division for Southwest Florida Residents
A community property state divides all the marital property right down the middle for a 50/50 split between a divorcing couple. Florida is not a community property state. It uses equitable distribution for property division but starts from a 50/50 baseline.
If a judge makes the final distribution decision, they will consider the following factors:
- Spousal contributions to the marriage, such as financial, child-rearing, and homemaking.
- Interruptions to either spouse’s career or education due to family support needs.
- One spouse’s contributions to the other’s career, such as supporting a spouse through medical school.
- Current spouse earning potential.
- Future needs of each spouse.
- Length of the marriage.
- Any intentional waste of assets.
A judge can make a final ruling only through evidence presented as financial statements, property titles, and direct testimony.
The other option is for a couple to work out the property division through negotiation or mediation. This is where trade-offs can happen, such as allowing one spouse to stay in and take ownership of the family home by buying out the other spouse. Other trade-offs can involve items like furnishings, electronics, tools, and recreational vehicles.
The ideal outcome is to work through a settlement with your spouse and present it to the judge for final approval. This is especially true if a family business is involved. If the judge takes over, you might not like the outcome.
After discussing your needs with Davis & Associates, we will negotiate on your behalf.
We’ll also advise when to compromise and when to stand firm. Our mission is to protect your interests and secure a strong financial future for your children.
Frequently Asked Questions
Family law cases in Fort Myers are primarily handled at the Lee County Justice Center, which serves the Twentieth Judicial Circuit. An attorney familiar with this courthouse and its local rules can help streamline your legal proceedings.
Florida follows equitable distribution laws, meaning the court starts with the premise that marital assets and debts should be divided equally. However, the court may adjust this based on factors like the length of the marriage and each spouse’s economic circumstances.
Florida law requires a specific legal process if a parent intends to move more than 50 miles from their current residence. You must either obtain written consent from the other parent or file a petition with the court to ensure the move is in the child’s best interest.
Child Support and Alimony
It’s common for finances to get commingled during a marriage.
A couple might set up a joint account while maintaining separate accounts, with money flowing back and forth. Part of the divorce settlement will include alimony and child support. That is when a line is drawn between the finances and the support is finalized.
To calculate child support, Florida family courts add up each parent’s gross income, which includes wages, bonuses, and any business income. They then subtract allowable deductions such as taxes, FICA, and health insurance premiums.
This reveals a net monthly income. Next, parents use the Florida Child Support Guidelines Chart to determine the acceptable amount based on the number of children and the time the children spend with each parent. In other words, you won’t pay for support if the kids are staying with you.
Regarding alimony, there is no automatic formula.
The determining factors are based on the spouse’s need and the other spouse’s ability to pay. Payments are typically capped at 35% of the paying spouse’s net income, and either spouse can request spousal support, regardless of who initiates the dissolution process.
The lifestyle established during the marriage is a factor in determining amounts.
However, adultery can be considered by the court, but only if it had a direct economic impact.
These are all potentially contentious issues that need careful negotiation. As with other major decisions, if you can work out support matters before you appear before the judge, it will likely favor you. It will also be kept private. Davis & Associates can advocate for you during those negotiations. We’ll enter negotiations with a thorough understanding of your needs and fight hard to help you maintain the standard of living you’ve become accustomed to.
Securing Legal Fatherhood With Help From a Fort Myers Family Law Attorney
There is a perception that with a divorce involving children, the courts defer to the mother regarding issues of custody and support. The truth is that Florida courts treat each parent equally unless mitigating circumstances affect the child’s well-being.
There are also certain scenarios where a father’s rights are in question due to paternity issues. If paternity is unresolved, you can petition the court to compel a test to determine paternity. The results can provide evidence to support your right to spend time with the child. It could also mean that you’ll be asked to provide financial support.
The legal team at Davis & Associates can support all of these paternity and support issues.
Domestic Violence & Protective Injunctions
Victims of domestic violence in Fort Myers deserve immediate protection. We help clients obtain restraining orders and guide them through the related custody and support implications. If you’re seeking a family violence lawyer near you, our firm offers fast, confidential help.
If you’re unsure of your options or the ramifications of a protective order, we can provide the information you need to make the right decision.
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Why Local Representation Matters in Fort Myers Courts
When a family law dispute requires court involvement, understanding the local legal landscape can make a meaningful difference in the outcome. The Twentieth Judicial Circuit of Florida handles family law matters in Fort Myers through the Lee County Clerk of Court, with cases heard by a circuit judge at the Lee County Justice Center.
Confused?
That’s why you need an attorney who is familiar with the local court system. The legal team at Davis & Associates can help you meet procedural requirements and explain what to expect at each stage of your case.
At Davis & Associates, we provide personalized family law representation designed to protect your rights and help you make informed decisions about your future. Our attorneys work closely with our clients to understand their priorities and pursue practical solutions.
If you are facing a family law matter in Fort Myers or elsewhere in Lee County, contact Davis & Associates to schedule a consultation.
We can review your situation, answer your questions, and discuss next steps to protect your family and your future.
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