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Divorce

The Law Office of Juan J. Piles understands the emotional nature of family legal matters and the importance of trust in the attorney client relationship.  We help people through the legal process and find the best possible solutions to difficult situations.  With our commitment to personal attention and communication, you will find that our firm not only knows the law, but knows the people.

Also known as Dissolution of Marriage, every divorce proceeding is unique. We handle straightforward uncomplicated divorces and complex marital dissolutions. A divorce can involve:

  • Alimony
  • Division of property
  • Complex business evaluation
  • Mutual funds, stocks and securities distribution
  • Evaluation of assets
  • Debt management 

We can be trusted to negotiate an equitable distribution of debt and assets.

Types of Divorce in Florida

No Fault Divorce

Florida is a No-fault state. This means that it does matter whose "fault" the divorce is, and fault will not be a factor in the distribution of assets, unless it can be shown that a party dissipated a martial asset for non-marital purpose.   A couple only need to state that their marriage is irretrievably broken to obtain a divorce.  There is no requirement that the couple live separate and apart for a period of time prior to receiving a Final Judgment of Dissolution of Marriage.

Contested Divorce v. Uncontested Divorce

A contested divorce is a divorce in which the parties do not agree on certain terms of the divorce, whether that be division of property or custody of children.   If a matter is contested, the issues will be presented to a Judge who will decide the distribution of assets and custody of the children. 

An uncontested divorce is a divorce in which the parties agree on all terms of their divorce and have entered into a Marital Settlement Agreement which solemnizes the parties' agreement with respect to their assets, child, child support, alimony, etc.   The Marital Settlement Agreement will be incorporated into a Final Judgment of Dissolution of Marriage at a short Final Judgment Hearing.

Simplified Divorce

Florida has a procedure for a Simplified Dissolution of Marriage. In order to qualify to use this procedure, the spouses must certify that: (1) there are no minor or dependent children of the spouses and the wife is not pregnant; (2) the spouses have made a satisfactory division of their property and have agreed as to payment of their joint obligations; (3) that 1 of the spouses has been a resident of Florida for 6 months immediately prior to filing for dissolution of marriage; and (4) that their marriage is irretrievably broken. The spouses must appear in court to testify as to these items and file a Certificate of a Corroborating Witness as to the residency requirement. Each must also attach a financial affidavit to the Simplified Dissolution Petition. Specific forms and an instruction brochure are available from the Clerk of any Circuit Court. In addition, sample forms for various aspects of a standard dissolution of marriage are available in the Florida Family Law Rules of Procedure. Financial disclosures are now mandatory in Florida. [Florida Family Law Rules of Procedure Appendix 1; Rules 12.105 and 12.285 and Family Law Forms 12.900+].

Each state has its own unique filing procedure. When filing for dissolution of marriage in Florida, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory dissolution of marriage documents to the county court. You can visit the Florida state statutes located at: http://www.flsenate.gov/ to learn more about these documents. You will discover that some documents may be provided by the Florida Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Florida Laws and the filing requirements.


The Law Office of Juan J. Piles assists clients with Bankruptcy, Residential Real Estate, Foreclosure Defense and Divorce & Matrimonial Law in Cape Coral, Florida as well as Fort Myers, North Fort Myers, Lehigh Acres, Bonita Springs, Naples, Miami, and Fort Lauderdale in Lee County, Collier County, Miami-Dade County and Broward County.



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4905 Chiquita Boulevard, Suite 103, Cape Coral, FL 33914
| Phone: 239-443-5900
Satellite Office: 999 Vanderbilt Beach Road, Suite 200, Naples, FL 34108
| Phone: 239-206-4971
MIAMI OFFICE LINE, Miami, FL
| Phone: 305-541-3777

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