Naples Divorce Lawyers | Experienced Family Law Representation in Southwest Florida 

Divorce is one of the most consequential legal and personal decisions a person can face. Whether you live in Naples, Fort Myers, Cape Coral, Port Charlotte, Bonita Springs, Marco Island, or anywhere else in Southwest Florida, navigating a dissolution of marriage requires an understanding of both the Florida family law statutes and the local court rules that govern how cases proceed in your county. Working with an attorney who knows these local procedures can make a meaningful difference in how your case is handled and ultimately resolved.

Naples is the largest city in Collier County and the cultural and economic center of Southwest Florida’s Gulf Coast. Family law cases filed across the Southwest Florida circuit—encompassing Collier, Lee, Charlotte, Hendry, and Glades Counties—are governed by a Standing Temporary Order that takes effect automatically in every dissolution of marriage case involving children and in all paternity actions. This order imposes specific obligations and restrictions on both parties from the moment the case is filed, and understanding its requirements is essential for anyone going through a divorce in this region.

Filing for Divorce in Naples and Southwest Florida 

Florida is a no-fault divorce state, which means that neither spouse is required to prove wrongdoing by the other to obtain a dissolution of marriage. The only ground required is that the marriage is irretrievably broken. To file for divorce in Collier County or any of the surrounding Southwest Florida counties, at least one spouse must have been a resident of the State of Florida for a minimum of six months prior to filing the petition.

Your petition for dissolution of marriage is filed with the clerk of courts in the county where you reside. If you live in Naples, Marco Island, Immokalee, or elsewhere in Collier County, your case will be filed with the Collier County Clerk of Courts. Residents of Fort Myers, Cape Coral, Bonita Springs, Estero, and Lehigh Acres file in Lee County. Residents of Port Charlotte, Punta Gorda, and Englewood file in Charlotte County. Cases may also be filed in Hendry County (LaBelle, Clewiston) or Glades County (Moore Haven). Regardless of which county your case is filed in, the same Standing Temporary Order governs the case from the moment of filing.

Southwest Florida’s Standing Temporary Order for Family Law Cases

The Standing Temporary Order that governs divorce and paternity cases across Southwest Florida applies to all dissolution of marriage cases involving children and all paternity actions. The order binds the Petitioner upon filing and becomes binding on the Respondent upon service. It remains in full force and effect until a final judgment is entered, and any part of the order that is not changed by a subsequent order remains in force throughout the case. The order may be superseded or modified by other specific orders entered by the court.

The Standing Order addresses a wide range of critical issues that affect families going through a divorce or paternity action in Southwest Florida:

Removal and Relocation of Children

The Standing Order prohibits either parent from removing, causing to be removed, or permitting the removal of any minor child from their current county of residence. Neither parent may apply for any passport or passport services on behalf of the children without the participation of the other parent. However, the order does not restrict travel within the five-county Southwest Florida area—Collier, Lee, Charlotte, Glades, and Hendry Counties—and temporary travel within the State of Florida is also permitted. Children may not be taken outside the State of Florida without the written agreement of both parents or a court order.

The Southwest Florida Standing Order includes a provision that is unique among the standing orders in the state: a specific hurricane evacuation exception. If a hurricane requires evacuation, either parent may travel with the children out of harm’s way, including out of state if necessary. The parents are required to communicate so that both are aware of the evacuating parent’s plans, and neither parent may unreasonably withhold consent for the children to be evacuated. If a parent plans any travel with the children, that parent should advise the other parent of the intended itinerary prior to taking the trip. Given the Gulf Coast’s exposure to tropical weather, this provision is a practical and important feature of the local rules in Southwest Florida.

Child Support

Because child support can be ordered retroactive to the date of filing the petition, the court encourages the parent with less than a majority of the parenting time to make voluntary child support payments prior to the entry of a formal support order. Child support should be calculated using the Child Support Guidelines under Section 61.30 of the Florida Statutes. The Standing Order specifically advises that the party making payments do so by check or money order and retain proof of all payments. This practical guidance underscores the importance of documentation—if voluntary payments are not properly recorded, a parent may not receive credit for them when the court enters a formal support order.

Treatment of Children and Preserving the Status Quo

The Standing Order states that the safety, financial security, and mental well-being of the children are of paramount concern. It explains that shared parental responsibility is presumptive in Florida, meaning that both parents have an equal say in making major decisions about their children’s lives—including where the child will attend school, whether the child will have non-emergency medical procedures, and which pediatrician will be consulted. Neither parent has more of a say in major decisions than the other under the principles of shared parental responsibility.

Because legal proceedings between parents are often very stressful on children, the court encourages parents to preserve the status quo in the children’s daily lives. The Standing Order provides concrete, practical examples of what this means: if the children attend a particular school, leave them there; if the children have dinner with their grandparents every Sunday afternoon, let them continue; if the children are used to having one parent drop them off at school and the other parent pick them up, keep doing that. This emphasis on stability and routine is a hallmark of the Southwest Florida Standing Order and reflects the court’s understanding that minimizing disruption to a child’s daily life is one of the most important things parents can do during a divorce.

The order also warns against withholding children from the other parent. If a parent who has been sharing time with the other parent unilaterally decides to keep the children away, that parent runs the risk of being viewed negatively by the court and being sanctioned. Southwest Florida family law judges take this issue seriously, and a parent’s willingness to facilitate the other parent’s relationship with the children is a significant factor in timesharing determinations.

Mandatory Parenting Course

Under both the Standing Order and Florida Statute Section 61.21, all parties to a dissolution of marriage proceeding involving minor children or a paternity action involving parental responsibility must complete a four-hour Parent Education and Family Stabilization Course before the entry of a final judgment. The Petitioner must complete the course within forty-five days of filing the petition, and the Respondent must complete it within forty-five days after being served. For paternity actions, specific timelines apply depending on when paternity is acknowledged or adjudicated. Each party must file an original certificate of completion with the clerk of courts.

The consequences of non-compliance are significant. If either party fails to complete the course, the court may enter an Order to Show Cause requiring the non-complying party to explain why they have not attended. The court may impose sanctions, including a stay of proceedings, the striking of that party’s pleadings, fines, or even incarceration for up to six months for indirect criminal contempt. The court also reserves the right to order the parties to attend the program at any time it deems necessary during the case.

Conduct of the Parties

Both parties are directed to refrain from physical, verbal, or any other form of harassment of the other, including acts done in person or by telephone or internet, at either party’s residence or workplace. The Standing Order also includes direct, plain-language guidance that is unusual among Florida standing orders: neither party should engage in game-playing, and the children should not be used as pawns. This blunt language reflects the court’s practical approach and its expectation that parents will conduct themselves with maturity and restraint during the case.

Disposition of Assets and Cash

The Standing Order provides that neither party may conceal, damage, or dispose of any asset, whether jointly or separately owned, and neither party may dissipate the value of any asset. The order gives a specific example: adding a mortgage to real estate would constitute dissipation. Neither party may cancel or cause to be canceled any utilities, including telephone, electric, or water and sewer service. Both parties may continue to spend their income in the ordinary course of their personal and family affairs, but neither party may conceal, hoard, or waste jointly owned funds—whether in the form of cash, bank accounts, or other highly liquid assets—except that such funds may be spent for the necessities of life. Any party who violates this provision will be required to render an accounting and may be sanctioned for wasting a marital asset. Both parties must also comply with the mandatory disclosure requirements of Florida Family Law Rule of Procedure 12.285.

Personal and Business Records and Insurance

Neither party may directly or indirectly conceal from the other or destroy any family records, business records, or any records relating to income, debt, or other obligations. All insurance policies in effect at the time the petition was filed—of every kind—must remain the same without any change of their terms. No policy may be terminated, allowed to lapse, concealed, modified, borrowed against, pledged, or otherwise encumbered by either party. All premiums must continue to be paid in full on a timely basis. These protections may only be altered by written consent of both parties or a court order.

Additional Debt

Neither party may incur additional personal debt that would bind the other spouse or tie up any assets, except by written consent of the parties or court order. The parties are strongly urged to temporarily refrain from using joint credit cards except for absolute necessities and only as a last resort. The Standing Order includes a pointed warning: abuse of credit, especially the other spouse’s credit, usually offends the court’s sense of equity and will be dealt with accordingly. This direct language signals that Southwest Florida family law judges take credit abuse during a divorce very seriously and are prepared to account for it when making equitable distribution and other financial determinations.

Sanctions

The Standing Order specifies concrete sanctions for non-compliance with discovery and disclosure obligations. The court will sanction any party who fails, without good cause, to comply with the rules pertaining to the production of financial records and other documents, or who fails without good cause to answer interrogatories or attend a deposition. The minimum sanction for such a failure is an award of $250 in attorney’s fees to the other side, or a fine of an equal amount if the spouse seeking compliance does not have an attorney. This is one of the few standing orders in the state that specifies a dollar-amount minimum sanction, which sends a clear message about the court’s expectations regarding financial transparency and compliance with discovery obligations.

Courtroom Conduct

The Standing Order is accompanied by a detailed notice regarding courtroom conduct and policies. All proceedings must be conducted with dignity, decorum, courtesy, and civility. Parties and attorneys must dress appropriately—non-business attire such as shorts, tank tops, and caps or hats are not permitted, and judges have the authority to prevent improperly dressed parties from participating in proceedings. Parties may not speak unless directed to do so by the judge or a lawyer, and must address all comments to the court rather than to the other party. Interruptions, sarcasm, insults, and unresponsive answers will not be tolerated. The judge has the authority to hold anyone in contempt of court or to remove anyone from the courtroom who interferes with proceedings. Children are not to be brought to court without prior court approval.

Family Law Services in Southwest Florida

While divorce is the most common family law matter, the courts across Southwest Florida handle a broad range of related cases. An experienced Naples family law attorney can provide guidance and representation across all of these areas.

Equitable Distribution of Assets and Debts

Florida is an equitable distribution state, meaning that marital assets and liabilities are divided fairly—though not necessarily equally—between the spouses. Naples and the surrounding areas of Southwest Florida are home to significant real estate values, seasonal and vacation properties, business interests, and substantial investment portfolios. Divorce cases in this region frequently involve complex asset structures that require careful valuation and strategic negotiation to ensure a fair outcome.

Alimony

Florida law provides for several types of alimony, and the appropriate form of support depends on the length of the marriage, each party’s financial circumstances, and other statutory factors. The Naples area includes a large population of retirees and high-net-worth individuals, and alimony determinations in these cases often involve unique considerations such as retirement income, investment returns, and lifestyle-based need. A Naples divorce attorney can evaluate your situation and advise you on what to expect.

Child Custody and Timesharing

Florida uses the term “timesharing” rather than “custody” to describe the schedule by which each parent spends time with the children. The court’s primary consideration is always the best interests of the child. As the Southwest Florida Standing Order makes clear, judges in this region expect parents to preserve the status quo in their children’s daily lives, actively facilitate the other parent’s relationship with the children, and refrain from using the children as pawns or withholding access. A parent’s conduct in these areas can significantly affect the court’s timesharing determination.

Paternity Actions

Paternity cases in Southwest Florida are expressly covered by the Standing Temporary Order, meaning that the same protections and obligations that apply in divorce cases—including the relocation restrictions, treatment-of-children guidelines, parenting course requirements, and asset protections—also apply in paternity actions. For unmarried parents, establishing paternity is a critical legal step that formalizes parental rights, establishes a timesharing arrangement, and creates an enforceable child support obligation. A Naples family law attorney can guide you through this process and help protect the rights of both the parent and the child.

Modifications and Enforcement

After a final judgment has been entered, circumstances may change in ways that require a modification of the original terms. Whether the issue involves timesharing, child support, or alimony, the party seeking a modification must demonstrate a substantial, material, and unanticipated change in circumstances. If the other party is not complying with the terms of a final judgment or court order, enforcement proceedings—including contempt of court—may be necessary. The family law judges in Southwest Florida have broad authority to enforce their orders and hold non-compliant parties accountable.

Prenuptial and Postnuptial Agreements

A well-drafted prenuptial or postnuptial agreement can provide significant clarity and protection in the event of a future divorce. Given the substantial assets that many Naples-area families hold—including vacation homes, investment accounts, business interests, and inherited wealth—these agreements are particularly common and important in Southwest Florida. Florida law recognizes and enforces prenuptial and postnuptial agreements, provided they meet requirements regarding financial disclosure, voluntariness, and fairness. A Naples family law attorney can draft, review, or challenge these agreements to ensure your interests are fully protected.

Domestic Violence Injunctions

In cases involving domestic violence, the courts in Collier, Lee, Charlotte, Hendry, and Glades Counties can issue temporary and permanent injunctions for protection. These injunctions can affect timesharing, possession of the marital home, and other aspects of a family law case. If you are the victim of domestic violence or have been served with an injunction petition, obtaining experienced legal representation promptly is essential.

Why Choosing a Local Southwest Florida Attorney Matters

Family law cases in Southwest Florida are governed not only by the Florida Statutes and the Florida Family Law Rules of Procedure, but also by local standing orders and administrative rules that are specific to this region. The Standing Temporary Order discussed on this page includes provisions—such as the hurricane evacuation exception, the specific dollar-amount minimum sanctions for discovery failures, the detailed status-quo-preservation guidance, and the blunt warnings about credit abuse and game-playing—that reflect the practical, no-nonsense approach of the Southwest Florida family law bench. An attorney who regularly practices in the family courts of Collier, Lee, and Charlotte Counties will be familiar with these local expectations, the preferences of the individual judges, and the procedures at each county’s courthouse.

Naples, Marco Island, and the surrounding communities in Collier County are served by the Collier County Courthouse. Fort Myers, Cape Coral, Bonita Springs, Estero, and Lehigh Acres are served by the Lee County Courthouse in Fort Myers. Port Charlotte, Punta Gorda, and Englewood are served by the Charlotte County Justice Center in Punta Gorda. Whether you live in Naples or anywhere else in Southwest Florida, having an attorney who understands the local rules and the expectations of your county’s family law judges is a significant advantage.

Why Fairway Law Group 

If you are facing a divorce or any other family law issue in Collier, Lee, Charlotte, Hendry, or Glades County, the most important step you can take is to consult with an experienced Southwest Florida family law attorney who can explain your rights, help you understand the Standing Temporary Order and other local rules that will govern your case, and develop a strategy tailored to your specific circumstances. Early legal guidance can help you avoid costly mistakes and put you in the strongest possible position as your case moves forward.

Contact our office today to schedule a consultation and learn how we can help you navigate the family law process in Southwest Florida.