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Common Misconceptions About the Divorce Process in Fort Myers, Florida

Common Misconceptions About the Divorce Process in Fort Myers, Florida
Burdened with the pain brought about by a Petition for Divorce is a dreadful situation. This pain affects your regular life routine as it distresses your emotions and freezes your logic.

Nobody can hold a perfect marriage, right? As a result, people get Divorced. 


Why? It is because they could hardly harmonize their differences. In short, nobody wants to adjust for the benefit of the other. 


With these differences in the sentiments and beliefs, the couple breaks up and opts to sever their marriages through a dissolution process called Divorce. Logic and emotions of the couples intertwined that adversely travel their faculties to breakdown their marriage tie through the process of Divorce.

What is Divorce?


It is the dissolution of marriage. This pertains to the cutting of the marriage bond where the couples will no longer be tied with their marital obligations. 


Divorce is popular but there are still common misconceptions about it. These misconceptions are commonly known as myths and to mention a few, here are the most popular Divorce myths:


1.    Divorce is always contested. Everyone thinks that the filing of a Divorce will always be an adversarial process. Divorce may not always be contested because the law of Florida may also accept a Simplified Divorce. This type complements the “no-fault principle” of the State the couple may come up with the dissolution of the marriage agreement, through the advice of their respective legal counsels. This process is legitimate though it hinders the intervention of the court of law to come up with the settlement without the latter’s intervention.


2.    No need for the Attorney. One of the most popular misconceptions is the idea that you don’t need an attorney for your divorce. Just to break this idea, the presence of a Divorce Attorney is important because lawyers guide the parties to take the right path to make sure that both parties’ rights are protected. 


3.    The mother gets child custody. Another myth is that the Mother always gets the full custody of the children. This may have some slight truth to it but the court always decides in favor of the child’s interest may the custody be with either of the parties.


4.    Time-sharing Will Be Divided 50/50. The court decides on the weight of the time- sharing for the child’s custody and it usually based its decision on the child’s welfare.


5.    Divorcees Keep Everything in Their Name, which includes debts and assets. Even If the debts are incurred during the bounds of the marriage and for the benefit of the family, the debts should always be a burden against the spouse who incurred it. Upon the debtors' insolvency his estate will shoulder the burden for the payment of such debt. 


6.    Children 13 or Older May Decide Where They Want to Live. The court may sometimes be lenient and allow the child to choose where he/she wants to live, provided he/she has already reached the legal age otherwise the court will act as his/her guardian until a natural guardian may be appointed thereafter.


7.    Divorces are settled by a long and expensive Trial. This is not always the case because of the collaborative or simplified process of divorce. 


8.    Permanent Alimony is Guaranteed. Alimony should always be provided to the party that in dire need to be financially supported per the appraisal of the court. However, if he/she will already be financially stable such financial support will now be ceased. 


How long does it take for a simplified divorce in Florida?


In Florida, a “Simplified Dissolution Procedure” is a legal process being undertaken outside the bounds of the judicial court without any complications where children, alimony, and real property settlement are not involved.


This divorce procedure is fast and could only be completed within a few months, provided the residency requirements of six (6) months have complied. The completion of this meeting of minds will be completed when the couples execute their respective terms and conditions to effect a divorce at the clerk’s office. 


Do both parties have to appear in court for a divorce in Florida?

When the petition for Divorce is contested both parties are required to be present in court. 


Do I have to go to court for an uncontested divorce in Florida?


However, if the petition is uncontested, the respective Divorce Attorney in Fort Myers will draw up a Marital Settlement Agreement and have it signed by the parties. Thereafter, both parties are required to attend a short proceeding in court. But it is not necessarily required that parties to the case should attend the proceeding.


Qualities of A Good Divorce Lawyer? What Are Some Red Flags?


A good Divorce Attorney is someone who is assertive yet armed with the following qualities:


  1. With a good communication skill – being a lawyer, one should have the capability not only converse well but with the ability to persuade and negotiate;

  2. Honed years of experience and skills – a lawyer with years of experience, may develop both knowledge and skills to help him survive a Divorce Case with excellence;

  3. Can work under pressure – a Florida Divorce Attorney should have the ability to stay calm as not to affect his mental capability even during pressure sets in;

  4. Resourceful – a lawyer should know everything and may get hold of any information to support your claim.


Red Flags You Need to be Aware:

  1. You hired the inefficient and ineffective Divorce Attorney;

  2. You engaged an inexperience Divorce Attorney;

  3. You hired Divorce Attorney without a sense of commitment.


What is the easiest way to get a divorce in Florida?


The easiest way to get a divorce is to file a petition for a Collaborative or Simplified Divorce during the presence of their respective Fort Myers Divorce Attorney because the success of your petition will only be dependent on your amicable settlement.


What happens if the spouse does not respond to divorce papers in Florida?


The court may enter its judgment based only on the documentary evidence of the petitioner. The technicality of due process will not be transgressed if due notice has been tendered to the non-responding party. 


If you are in dire need of a Good Divorce Attorney in Fort Myers, FL, you may contact Marquez-Kelly Law. To learn more about the relevant details, please visit our official website to learn more at

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Business details
  • +1 (239) 214-0403
  • 2077 First St #204, Fort Myers, FL 33901
As an experienced Family Law Attorney of Marquez-Kelly Law, Mellany Marquez-Kelly, can help you navigate the complexities of the legal system in reaching any modification determination that is fair.