Divorce

Naples, Florida, Divorce Attorney

The legal term for divorce in Florida is “dissolution of marriage.” The process begins when one party files a petition seeking a settlement on issues such as property division, child custody, child support, and spousal support. The other side then has 20 days to contact a lawyer and file an answer and possibly a counter-petition. If you are considering filing a petition for divorce, if you received such as petition, we offer a free initial consultation to explain the legal process, but time is of the essence to answer to avoid detrimental consequences.

Going through a divorce is a very stressful experience. It can also be expensive, since you and your spouse may be maintaining separate households instead of one. Unfortunately, at times lawyers can make the process even more stressful and expensive than it needs to be.

I have been a lawyer in Southwest Florida for 15 years, and I have extensive experience in the criminal and family courts in Collier and Lee counties. The biggest difference between us and other divorce attorneys is that we offer a flat fee arrangement. Unless your divorce goes to trial, we will quote you a flat fee that will cover your case from beginning to end. The vast majority of divorces in Florida are settled without going to trial.

Most divorce lawyers ask for a very large retainer, which they work off at $250 or more, per hour. Unfortunately, retainers and billable hours encourage attorneys to write letters that no one reads, to make telephone calls that no one hears, and to invent issues to drag out the divorce and litigation.

Negotiating a Fair Divorce Settlement

A divorce does not need to be contentious. Florida law provides clear guidance for issues such as equitable property division. Everything that is brought into a marriage, plus gifts and inheritances received during the marriage, are separate property and do not need to be divided with your spouse. Any property acquired after the marriage, including pension plans and 401(k) accounts, is marital property and must be divided equitably.

Florida custody law has been recently changed to lean toward sharing child custody.

The majority of our divorce clients want to resolve their case, quickly, quietly, and fairly. As your lawyer, we will help you do this. However, if the other side is not willing to be reasonable, we can use our extensive trial experience to represent your interests in court.

If you are considering divorce, contact us, Collier County divorce attorney David T. Agoston. Se habla español.