Fort Myers Family Law Attorneys

Serving Families in Cape Coral, Fort Myers, & Naples

Nothing is more important than protecting your family. Our familial relationships enrich our lives, but they can also be a source of immense, life-altering conflict. When these disputes become irreconcilable, you will need a legal advocate well-versed in Florida family law.

At Lusk, Drasites & Tolisano, we have been protecting the interests of local families for over 40 years.  Our Fort Myers family law attorneys understand how to effectively navigate issues of divorce, child custody, child support, alimony, property division, domestic violence, and more. We fully recognize that if you are reaching out, you are probably going through an extremely challenging time, and we are compassionate to the stress and uncertainty you are experiencing. Our team will push for the outcomes you want and make every effort to secure a favorable resolution as quickly and painlessly as possible. 

You should not wait to get legal advice from our Fort Myers family law attorneys if you are contemplating divorce, so call (239) 908-4930 or contact us online today. Se habla español.

How Divorce Works in Florida 

In Florida, you do not need a specific reason to divorce your spouse, as you can file for divorce on the ground that your marriage is “irretrievably broken.” That does not mean many divorces avoid contentious conflict: A divorce can quickly become a battleground if you and your spouse cannot agree on the terms of the separation. 

In any divorce, you and your spouse will need to determine how to handle:

• Property Division. All assets (with certain exceptions) acquired during a marriage are considered “marital property” subject to Florida’s equitable division rules. This does not mean assets will be split 50/50, as a judge will issue decisions that they believe to be fair based on the unique circumstances of the marriage. There are sometimes disputes over what should be considered marital property versus separate property, which is not subject to property division in a divorce.
• Child Custody. Florida recognizes legal custody, which determines who gets a say in a child’s upbringing, and physical custody, which determines who a child will live with. Often, parents will share legal custody, but only one parent will receive primary physical custody. The parent with physical custody is the custodial parent, while the non-custodial parent will get an enforceable visitation schedule, also known as “parenting time.” Each parent’s relationship with their child and ability to meet their needs, along with a variety of other factors, can influence custody decisions.
• Child Support. Florida courts use state formulas to determine how much the non-custodial parent must pay the custodial parent in child support contributions. Judges are permitted to deviate from support guidelines if circumstances demand a modification. 
• Spousal Support. Alimony is not automatic in Florida. A spouse must specifically request and prove a genuine need for support and demonstrate that the other spouse has the financial resources needed to provide that support. In deciding whether to grant alimony, a Florida judge may consider the length of the marriage, the financial circumstances of each spouse, and the standard of living the couple enjoyed during the marriage, among other factors.

A Florida divorce may be contested or uncontested. An uncontested divorce is ideal, as it does not require much court intervention and can be completed fairly quickly. However, it will require both sides to agree on every element of the separation, which rarely happens in practice. Sometimes, an uncontested divorce can be facilitated through mediation instead of litigation. 

In a contested divorce, one or more agreements cannot be reached, forcing a judge to step in. The court will hear arguments and assess evidence before making a determination in each of the contested areas. Contested divorces are thus more protracted proceedings, as you will need to wait for a court date and allow time for trial preparation. A Florida court may first require a couple to attempt mediation to resolve certain issues, but a judge will ultimately have the final say if the couple cannot negotiate a resolution.

You should consider speaking to one of our Fort Myers family law attorneys as soon as possible if you believe your divorce may be contested. You can safely assume your spouse will hire their own representation, and you will need a capable advocate in your corner.

Modifying Divorce Orders in Florida 

When a judge makes a decision in a contested divorce, that decision is binding, meaning it cannot be appealed just because you feel it is unfair. Each spouse must honor the terms of these enforceable orders. This is part of the reason why many couples explore mediation and other forms of alternative dispute resolution before turning to divorce litigation: In mediation, you retain some control over the outcome and can always choose to walk away from negotiations. In a divorce trial, the judge has decision-making authority, and you cannot back out unless you and your spouse can settle the contested issues.

Divorce orders can be modified in Florida, but only under certain circumstances. To change an order involving child custody, child support, or spousal support, you must be able to prove that there has been a substantial change in circumstances that necessitates the modification you are requesting. These requests often lead to additional conflict, as your former spouse will in all likelihood move to block the proposal. 

If you are looking to modify a divorce order, get advice from our Fort Myers family lawyer. We will assess your situation and advise whether a judge is likely to accept your request.

Understanding Prenuptial & Postnuptial Agreements

Because many marriages do statistically end in divorce, some couples use prenuptial and postnuptial agreements to predetermine how some matters will be handled in the event of a separation. This is especially frequent in situations where one or both spouses are high-net-worth individuals.

Prenuptial agreements (which are signed before a marriage) and postnuptial agreements (which are signed during a marriage but before a divorce) can both regulate property division and spousal support. These contracts cannot touch matters of child custody or child support, and any provisions that attempt to do so will not be enforceable in Florida.

A prenuptial or postnuptial agreement may also be ruled invalid if:

• One spouse was pressured, coerced, or intimidated into signing
• Both spouses did not voluntarily sign
• The agreement is unfair because one spouse did not make a complete financial disclosure to the other spouse (unless the other spouse explicitly waived their right to a complete financial disclosure)

If you are hoping to challenge or enforce a prenuptial or postnuptial agreement as part of your divorce proceedings, our team at Lusk, Drasites & Tolisano can help. We routinely represent local clients in divorces of all scopes, including high-net-worth divorces.

Frequently Asked Questions About Family Law

How Do I Modify a Child Custody Order in Florida?

To modify a child custody order in Fort Myers, a significant change in circumstances must be demonstrated, showing that the current arrangement no longer serves the child's best interests. This could involve changes in the parent's living situation, the child's needs, or any other substantial factor affecting the child's welfare.

The process involves filing a petition to modify the custody arrangement with the court and presenting evidence supporting the change request. Competent legal representation is crucial, as the modification process can be complex and requires a thorough understanding of family law. An experienced family attorney can guide you through the necessary steps, help compile and present pertinent evidence, and work to achieve an outcome that aligns with the child's best interests and the family's needs.

What Factors Influence Alimony Decisions in Florida?

In Florida, alimony decisions are influenced by various factors to ensure a fair financial arrangement post-divorce. Key considerations include the duration of the marriage, with longer marriages more likely to result in alimony. Courts will also evaluate each spouse's financial resources and earning capacity to determine the need and ability to pay.

The standard of living established during the marriage, age, physical and emotional condition of each party, and contributions to the marriage (including homemaking) are also significant factors. Florida courts aim to strike a balance that helps the lower-earning spouse transition to self-sufficiency, using a methodical assessment of these multifaceted elements in the final determination.

Can Mediation Help Avoid a Lengthy Divorce Process?

Mediation can be a highly effective method for avoiding the drawn-out process associated with traditional divorce proceedings. This process involves a neutral third party facilitating negotiations between divorcing spouses, helping them find common ground on contentious issues without needing a court trial.

Mediation often results in smoother, quicker resolutions by allowing both parties to express their concerns and work towards amicable and beneficial settlements. In Fort Myers, embracing mediation as an alternative dispute resolution can significantly reduce legal expenses and preserve family relationships post-divorce. The flexibility and control inherent in mediation make it a favored choice for many seeking a less adversarial path to separation.

Contact Our Family Lawyers in Fort Myers Today

If you need trusted legal guidance for family matters, we're here to help. At Lusk, Drasites & Tolisano, our Fort Myers family law attorneys are devoted to providing compassionate and effective representation tailored to your unique situation. Whether you're facing a divorce, child custody issue, or other family-related legal challenges, we understand the emotional toll it can take. Contact us today to schedule a consultation, and let us help you navigate this difficult time. 

Not sure about your rights in a divorce? Call (239) 908-4930 or contact us online today to get started with our Fort Myers family lawyers.