Starting a Divorce in Collier County

Florida calls divorce a dissolution of marriage. A case generally begins when one spouse files a petition and the other spouse is formally served. Florida law requires at least one spouse to have lived in Florida for the six months immediately before filing. Other jurisdiction and venue rules may apply, especially when children or property are connected to another state.

A person served with a petition ordinarily has 20 days to file an answer. Because missing a deadline can affect a person's rights, anyone who has received divorce papers should promptly review the papers and obtain advice about the specific case.

Official information is available from the Collier County Clerk of Courts divorce page and Florida Statutes section 61.021.

Financial Disclosure and Equitable Distribution

Florida family-law cases commonly require financial affidavits and the exchange of specified financial records under the rules governing mandatory disclosure. Accurate and timely disclosure helps the parties identify income, expenses, assets, and liabilities before negotiating or presenting disputed issues to the court.

Florida's equitable-distribution statute begins with the premise that marital assets and liabilities should be distributed equally. A court may make an unequal distribution when statutory factors justify it. Determining whether an asset or debt is marital or nonmarital, tracing funds, valuing a business or real estate, and addressing jointly titled property can require case-specific analysis.

Read the current statutory framework in Florida Statutes section 61.075.

Parenting, Time-Sharing, and Child Support

When a divorce involves minor children, the case may address parental responsibility, a parenting plan, time-sharing, and child support. Florida law requires parties in a dissolution case involving minor children to complete an approved parent-education and family-stabilization course before the court enters a final judgment, subject to the statute's exceptions and procedures.

Learn more about Florida child custody and time-sharing and the best-interests factors used in parenting decisions. The course requirement appears in Florida Statutes section 61.21.

Mediation and Resolving a Divorce

In mediation, a neutral mediator helps the parties discuss disputed issues and explore a possible agreement. The mediator does not decide the case or give either party legal advice. Mediation may resolve the entire case or narrow the issues that remain for the court.

If the parties reach an agreement, its terms should be accurately recorded in writing. If they do not resolve all issues, a judge may decide the remaining disputes after considering the evidence and applicable law. The appropriate strategy depends on the facts, finances, safety concerns, and goals in the individual case.

What to Bring to a Divorce Consultation

Useful preparation may include bringing any papers already filed or served, hearing notices and deadlines, recent financial information, a list of major assets and debts, and your questions and priorities. Do not delay seeking advice merely because every document is not yet available.

For additional information, visit the Florida Family Law Answers, review unbundled legal services, or schedule a consultation.