A Complete Guide to Getting a Lee County Divorce

Divorce Settlement Agreement A Complete Guide to Getting a Lee County Divorce

The Ins and Outs of the Lee County Divorce Process

While ending a marriage is nearly always painful and distressing, the process doesn’t have to be as costly and drawn-out as usually depicted. Learning the essential details about divorce in Florida can simplify, expedite, and reduce the expenses of the marriage dissolution procedure in any of its counties.

This article explains every step of the Lee County divorce process—from gathering necessary forms to finalizing the dissolution with a marital settlement agreement.

Divorce in Lee County, Florida—Essential Info

If you and your spouse are considering divorce, thorough research will help you prepare for the proceeding. Check the following table to find some basic information about divorce in Lee County, Florida:

Key Aspects of Divorce in Lee CountyExplanation
Grounds for divorceFlorida is a true no-fault state for divorces, which means that it’s irrelevant for the court if one of the spouses did something to break down the marriage. You can file for divorce in Lee County based on these grounds:

  • Irretrievable breakdown of the marriage
  • Mental incapacity of one of the spouses (lasting at least three years before the petitioning)
Residency requirementsTo get a divorce in Lee County, you have to meet Florida’s residency requirement of living in the state (either one or both of you) for at least six months before filing the petition
DurationMany states in the U.S. have mandatory waiting periods for divorce, which have to pass from filing the petition to attending the hearing. The mandatory waiting period in Florida is 20 days, meaning you can’t get divorced before that. This isn’t the only factor that affects the duration of a divorce in Florida—how long the process will take mostly depends on whether it’s contested or uncontested
ExpensesThe cost of a divorce in Florida depends on many variables and can range from $400 to $100,000. You have to pay a $400 fee when you’re filing divorce papers. The rest depends on the method, duration, and the professional help you might need, such as attorneys, mediators, psychologists, or property assessors

Who Can Get an Uncontested Lee County Divorce?

Many divorcing couples prefer uncontested to contested marriage dissolutions. An uncontested divorce is a quick and low-cost method that doesn’t require going to court for trials.

Filing for an uncontested divorce is undemanding and inexpensive since you can do it without a lawyer. You must have a civil and amicable relationship with your spouse to obtain this type of marriage dissolution. You and your spouse also have to meet certain requirements, such as:

  • Agreeing to file for an uncontested divorce
  • Meeting the residency requirements
  • Agreeing on the grounds for divorce
  • Not having minor or dependent children together
  • Not being pregnant
  • Not requesting spousal support
  • Having an agreement on how you’re going to divide debts, assets, and real property

To get an uncontested divorce, if you have children or request alimony, you need to draw up a settlement agreement defining the terms and present it to the judge.

A Step-by-Step Guide to Filing for a Lee County Divorce

Here are the instructions on how to file for divorce in Lee County, Florida:

  1. Find the required divorce papers—Visit the Lee County clerk’s office and ask for the necessary forms or download them from the Florida Courts website
  2. Make copies of original documents—You’ll need at least two copies of each document, so make sure to make copies before filing the papers with the court
  3. File the petition with the court—You submit your petition and the rest of the divorce papers by visiting your local clerk’s office or online through the Florida e-portal
  4. Serve divorce papers to your spouse—If you’re filing for divorce without your spouse, you must deliver the papers to them. You can appoint a sheriff or a process server
  5. Draft a divorce settlement agreement—After reaching an out-of-court settlement regarding important issues such as alimony, custody, child support, parenting plan, and division of the property, you and your spouse must finalize the terms of the settlement by writing a settlement agreement. You don’t need a lawyer to do that—all you have to do is sign up for DoNotPay, and we’ll prepare the document for you in a jiffy
  6. Attend the hearing—After the waiting period, you’ll have to attend the hearing in court to hear the judge’s final decision and wait for them to issue a final decree

Which Lee County Divorce Forms Do You Need for an Uncontested Divorce?

The divorce forms you need to find and fill out for an uncontested divorce in Lee County include:

  • Petition for Dissolution of Marriage
    • With Dependent or Minor Children
    • With Property but no Dependent or Minor Children
    • With no Dependent Children or Property
  • Notice of Current Address
  • Family Law Financial Affidavit
  • Notice of Social Security Number
  • Marital Settlement Agreement

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DoNotPay can also answer all of your questions about divorces—contested or uncontested—such as:

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