Fort Myers Divorce Attorneys — Where the 20th Judicial Circuit Courthouse Is Located

Divorce is among the most significant legal matters you will face. Property accumulated over years — your home, retirement accounts, business interests — hangs in the balance. If you have children, timesharing arrangements will structure their relationship with both parents for years to come. The decisions made during divorce are entered as final judgment and are extraordinarily difficult to change. You need an attorney who understands Florida family law, knows the judges and procedures of the 20th Judicial Circuit, and is prepared to advocate fiercely on your behalf.

Martin Law Firm, P.L. has represented Fort Myers and Lee County residents in dissolution of marriage proceedings since 2006. Our family law attorneys handle everything from straightforward uncontested divorces to complex contested proceedings involving substantial assets, business valuations, professional practice interests, and high-conflict timesharing disputes. We also manage post-judgment modifications when circumstances change after a final judgment is entered.

A critical advantage: our Fort Myers office is located at 5237 Summerlin Commons Boulevard, just minutes from the Lee County Justice Center (1700 Monroe Street). Fort Myers residents — unlike Cape Coral, Lehigh Acres, and other Lee County residents across the bridge — have their courthouse in the same city. This means fewer travel days, reduced fuel costs, and seamless coordination with our attorneys for all hearings, depositions, and court appearances.

Florida Divorce — Legal Requirements & Key Concepts

Grounds for Divorce in Florida

Florida is a no-fault divorce state. The only grounds required to dissolve a marriage is that it is "irretrievably broken" — meaning one spouse desires divorce. Neither party must prove fault, infidelity, or misconduct. Fault is generally irrelevant to the divorce itself. However, certain misconduct — such as one spouse's intentional dissipation of marital assets — may be considered in the equitable distribution analysis and could affect how assets are divided.

Residency Requirement

At least one spouse must have been a Florida resident for at least 6 months immediately prior to filing the Petition for Dissolution of Marriage. Fort Myers and all Lee County residents file in the Lee County Circuit Court. You do not need to have been married in Florida to divorce here — only that one spouse meets the residency requirement.

What Our Fort Myers Divorce Attorneys Handle

Equitable Distribution in Fort Myers Divorce

Florida divides marital property equitably — meaning fairly, though not necessarily equally. While the starting presumption is an equal (50/50) split, courts may deviate based on specific statutory factors, including:

• Length of the marriage
• Each spouse's economic contributions to the marital estate
• Non-economic contributions (homemaking, child-rearing, supporting the other spouse's career or education)
• Each spouse's economic circumstances and future earning capacity
• The desirability of keeping the marital home for a parent with primary timesharing
• One spouse's dissipation, waste, or intentional destruction of marital assets
• Contributions toward the other spouse's professional education or business development

Separate vs. Marital Property

Marital property includes all assets and debts acquired during the marriage, regardless of whose name appears on the title or account. Separate property — assets owned before the marriage, or received as gifts or inheritances during the marriage — is generally not subject to equitable distribution and remains with the original owner. However, separate property that was commingled with marital funds (for example, depositing inherited money into a joint checking account) may lose its separate character. Tracing and documenting separate property is often critical in divorces involving significant assets.

Retirement Accounts in Divorce

401(k)s, pension plans, profit-sharing plans, and IRAs accumulated during the marriage are marital property subject to equitable distribution. Dividing retirement accounts without proper legal instruments would trigger immediate taxation and substantial penalties. A Qualified Domestic Relations Order (QDRO) directs the retirement plan administrator to divide the account between spouses without tax consequences. Our attorneys prepare QDROs as a standard part of the marital settlement process.

Timesharing & Children in Fort Myers Divorce

Florida law requires divorcing parents to submit a Parenting Plan — a comprehensive document specifying each parent's timesharing schedule, allocation of decision-making responsibilities (major life decisions regarding education, healthcare, religion), and communication and dispute-resolution protocols. Courts will not enter a final judgment in any dissolution involving minor children without an approved Parenting Plan in place.

How Fort Myers Courts Determine Timesharing

The 20th Judicial Circuit Family Law Division determines timesharing based on the best interests of the child standard. Neither parent starts with an advantage — Florida law creates no presumption favoring either parent's preference. The court considers multiple factors, including:

• Each parent's demonstrated capacity to meet the child's daily physical and emotional needs
• The child's established routine — school location, home, community ties
• Each parent's willingness to support and facilitate the child's relationship with the other parent
• Geographic feasibility of proposed timesharing schedules (relevant for Fort Myers residents with access to the courthouse)
• The child's preference, given appropriate weight based on age and demonstrated maturity
• Each parent's mental and physical health
• Any history of domestic violence, substance abuse, or neglect

Common Timesharing Schedules

While every family's circumstances differ, common arrangements in Lee County include 50/50 timesharing (alternating weeks or week-on/week-off schedules), 60/40 splits, and primary residence arrangements where one parent has the majority of overnight timesharing. We help clients develop realistic Parenting Plans that serve the children's needs and are logistically manageable for both parents.

Alimony in Florida Divorce — 2023 Reform Update

Florida fundamentally restructured its alimony law effective July 1, 2023 (Fla. Stat. § 61.08). These changes significantly impact Fort Myers divorce cases. Key provisions:

• Permanent alimony eliminated — except in exceptional cases involving a long-term marriage where a spouse cannot meet basic needs from other sources. Courts must make explicit written findings to award permanent alimony.
• Bridge-the-gap alimony — Short-term (maximum 2 years) to assist the transition from married to single status. Not modifiable as to duration.
• Rehabilitative alimony — To support a specific rehabilitative plan to develop employability or become self-sufficient. Requires a defined plan with timeline.
• Durational alimony — For a set period not exceeding the length of the marriage. Presumptive caps exist based on marriage length: marriages under 5 years, max 50% of marriage length; 5-10 years, max 50%; 10-20 years, max 75%; over 20 years, max 100% (with exceptions). Subject to modification upon substantial change.
• Retirement as modification basis — The paying spouse's retirement is now an explicit, independent basis to seek modification or termination of alimony obligations.

Alimony determinations are highly fact-specific. The standard of living during the marriage, length of marriage, each spouse's income and earning capacity, ability to be self-sufficient, age and health, and other statutory factors all weigh into the court's analysis. Our attorneys can project likely alimony outcomes for your specific circumstances before you commit to a settlement position.

Frequently Asked Questions — Fort Myers Divorce

Why Fort Myers Residents Choose Martin Law Firm for Divorce

• 20 years in the 20th Judicial Circuit Family Law Division. We know the judges, their temperaments, their rulings on common issues, and how they approach contested matters. That institutional knowledge directly benefits our clients.
• Our office is minutes from the Lee County Justice Center. You do not waste time or fuel traveling across the bridge or across the county. You are already in the courthouse city.
• Strategic from the start. We do not simply react to the other side's filings — we develop a comprehensive strategy at intake and work methodically toward your goals throughout the case.
• Realistic about outcomes. We tell you honestly what a judge is likely to do, not what you hope to hear. That candor leads to better decisions and better results.
• Trial-ready when needed. Most cases settle, but when they do not, our attorneys are fully prepared to try your case. Opposing counsel knows it, which often leads to better settlement terms.
• Full-service family law. We handle post-judgment modifications, enforcement proceedings, relocation disputes, and other related matters — you do not need to find new counsel if your case evolves.