Collier County Divorce & Family Law Attorney

The Law Firm of Jeffrey Alan Aenlle, PLLC is a boutique divorce and family law firm located at 1221 Brickell Avenue, Suite 900, Miami, Florida 33131, serving clients throughout Collier County in divorce, child custody, alimony, child support, paternity, and prenuptial agreements.

Collier County is one of Florida’s wealthiest counties – home to Naples, Marco Island, and Bonita Springs – with a large concentration of high-net-worth individuals, seasonal residents, retirees, and international property owners. Divorce and family law matters in Collier County frequently involve significant real estate holdings, retirement asset division, complex marital estates, and alimony disputes arising from long-term marriages. Family law proceedings in Collier County are handled by the Twentieth Judicial Circuit Court, Family Division, located in Naples.

Collier County Family Court: The Twentieth Judicial Circuit

Collier County Courthouse in Naples where Twentieth Judicial Circuit family law cases are heard

Divorce and family law proceedings in Collier County are handled by the Twentieth Judicial Circuit Court, Family Division, located at the Collier County Courthouse, 3315 Tamiami Trail East, Naples, Florida 34112.

The Twentieth Judicial Circuit handles all matters relating to dissolution of marriage, parental responsibility and timesharing, child support, alimony, paternity, domestic violence injunctions, and modification of family court orders.

Key procedural requirements in Collier County Family Court include:

  • Mandatory mediation before most contested family law matters can be set for trial
  • Mandatory financial disclosure including exchange of financial affidavits under Florida Family Law Rule of Procedure 12.285
  • Mandatory parenting course completion before final hearing in cases involving minor children under Fla. Stat. § 61.21
  • Guardian ad Litem appointment in contested timesharing cases involving the welfare of minor children

Divorce in Collier County

Florida is a no-fault divorce state. The principal ground for dissolution of marriage is that the marriage is irretrievably broken. Fla. Stat. § 61.052. At least one spouse must have been a Florida resident for a minimum of six months before filing. Fla. Stat. § 61.021.

Collier County divorce cases frequently involve the division of significant marital estates, luxury real estate, and retirement assets accumulated over long-term marriages. Our firm handles the full spectrum of Collier County divorce matters including:

  • Simplified dissolution of marriage
  • Uncontested divorce and Marital Settlement Agreement drafting
  • Contested divorce litigation
  • High-net-worth divorce involving luxury real estate and complex asset portfolios
  • Gray divorce involving long-term marriages and retirement asset division
  • International divorce with cross-border asset considerations
  • Divorce involving seasonal residents and non-domiciliary spouses

Equitable Distribution in Collier County Divorces

Florida divides marital assets and liabilities equitably between spouses under Fla. Stat. § 61.075. In Collier County divorces, equitable distribution frequently involves:

  • Naples and Marco Island luxury waterfront real estate
  • Investment and brokerage accounts
  • Business ownership interests and professional practices
  • Retirement accounts including 401(k), IRA, and pension plans
  • Deferred compensation and stock portfolios
  • Boats, vessels, and watercraft
  • Art, jewelry, and collectibles
  • Cryptocurrency and digital assets

Proper valuation of these assets often requires forensic accounting and expert testimony. Our firm works with experienced financial professionals to ensure all marital assets are fully identified, properly valued, and equitably distributed.

What Counts as Marital Property in a Collier County Divorce

Equitable distribution is often described as dividing property fairly rather than equally. The statute is more structured than that description suggests, and the structure matters.

The starting point is an equal split

Under Fla. Stat. § 61.075 the court must begin with the premise that the distribution should be equal, and may depart from that only where the statutory factors justify it. In a contested case, a court that distributes marital assets unequally has to make specific written findings of fact supported by competent substantial evidence and tied to those factors. A judge cannot simply announce a lopsided result.

The cut-off date fixes the marital estate

The statute sets the cut-off as the earliest of the date the parties enter a valid separation agreement, any other date expressly set by that agreement, or the date the petition for dissolution is filed. Assets acquired after that date are generally outside the marital estate, which is why the timing of a filing is a strategic decision rather than a clerical one.

Second homes and property held elsewhere

Collier County has a high proportion of households with property in more than one place. Classification does not turn on where an asset sits. What matters is when and how it was acquired, whether marital funds or marital effort went into it, and what the cut-off date captures. Property held outside Naples, and outside Florida, still has to be identified, classified, and valued before anything can be divided.

Alimony in Collier County Divorce Cases

Florida’s alimony law was significantly reformed effective July 1, 2023. Permanent alimony was abolished. Courts may now award bridge-the-gap, rehabilitative, or durational alimony based on the length of the marriage and the statutory factors set forth in Fla. Stat. § 61.08. The length of the marriage is the primary factor governing the type and duration of alimony available:

  • Short-term marriage (under 7 years): durational alimony not to exceed 50% of the length of the marriage
  • Moderate-term marriage (7 to 17 years): durational alimony not to exceed 60% of the length of the marriage
  • Long-term marriage (17 years or more): durational alimony not to exceed 75%
    of the length of the marriage

Collier County divorces frequently involve long-term marriages and significant income disparity between spouses – circumstances that make alimony a central and consequential issue in the dissolution proceeding. Our firm represents both payors and recipients of alimony in negotiation, mediation, and contested litigation. For more information visit our alimony attorney page.

Child Custody and Timesharing in Collier County

Florida law governs parental responsibility and timesharing through a mandatory Parenting Plan. Fla. Stat. § 61.13. Effective July 1, 2023, Florida established a
rebuttable presumption that equal timesharing – a 50/50 schedule –  is in the best interests of the child. Fla. Stat. § 61.13(2)(c)(1).

Our firm drafts comprehensive Parenting Plans and represents parents in contested timesharing proceedings before Collier County Family Court. For more information visit our child custody attorney page.

Child Support in Collier County Divorce and Paternity Cases

Florida calculates child support under the income shares model in Fla. Stat. § 61.30. A statutory guidelines schedule produces a base obligation from the parents’ combined monthly net income and the number of children. That amount is apportioned between the parents in proportion to their incomes and adjusted for health insurance, uncovered medical costs, and work-related child care.

The parenting plan feeds directly into the arithmetic, because the number of overnights each parent exercises changes the calculation. That is one reason timesharing and support are negotiated together rather than settled one after the other. Where a parent’s income is not a simple salary, or where combined income exceeds the top of the schedule, the court must first determine net income before the guidelines can be applied, and any departure from the guidelines figure requires written findings.

Paternity in Collier County

Where the parents were not married when the child was born, paternity has to be established before either parent can enforce anything. Under Fla. Stat. § 742.011, a proceeding to determine paternity may be brought by a woman who is pregnant or has a child, by a man who has reason to believe he is the father, or on behalf of the child.

The consequence of skipping that step is regularly misunderstood. Until a court enters an order, an unmarried father has no enforceable right to timesharing or to participate in major decisions, and the mother has no enforceable claim for support. Appearing on the birth certificate is not a judicial determination of paternity. The same proceeding can establish paternity, a parenting plan, a timesharing schedule, and a support obligation together.

Prenuptial Agreements for Collier County Residents

For high-net-worth individuals, retirees, and seasonal residents in Collier County, a well-drafted prenuptial agreement is one of the most effective tools available for protecting pre-marital assets, real estate holdings, and financial plans. Florida prenuptial agreements are governed by the Florida Premarital Agreement Act, Fla. Stat. § 61.079.

Our firm drafts and reviews prenuptial and postnuptial agreements for Collier County residents with particular attention to protecting significant pre-marital real estate and retirement assets.

Frequently Asked Questions: Collier County Divorce Attorney

Where will my case be heard?

Collier County is served by the Twentieth Judicial Circuit. Family cases are heard at the Collier County Courthouse, 3315 Tamiami Trail East, Naples, Florida 34112. The Twentieth Circuit also covers Charlotte, Glades, Hendry, and Lee Counties.

How long must I live in Florida before filing for divorce?

Six months. Fla. Stat. § 61.021 requires one of the parties to have resided in Florida for six months before the petition is filed.

Is my spouse entitled to half of everything?

The starting point is close to that. Fla. Stat. § 61.075 requires the court to begin from the premise that distribution should be equal, and a court dividing marital assets unequally in a contested case must make specific written findings tied to the statutory factors.

Does Florida still award permanent alimony?

No. Fla. Stat. § 61.08 authorizes temporary, bridge-the-gap, rehabilitative, and durational alimony. Permanent alimony was eliminated, and the length of the marriage governs what is available and for how long.

How is child support calculated in Florida?

Under the income shares model in Fla. Stat. § 61.30, using the parents combined monthly net income, the number of children, and the number of overnights in the parenting plan, adjusted for health insurance, uncovered medical costs, and child care.

Can I move away with my child after the divorce?

Not without consent or a court order. Under Fla. Stat. § 61.13001, a change in the child principal residence of at least 50 miles for at least 60 consecutive days is a relocation requiring the other parent written agreement or court approval.

I own property outside Florida. Is it part of the divorce?

Classification does not turn on where the property sits. What matters is when and how it was acquired, whether marital funds or marital effort went into it, and where it falls relative to the statutory cut-off date. Property held elsewhere still has to be identified, classified, and valued.

Communities We Serve Throughout Collier County

Our firm represents clients in divorce and family law matters throughout Collier County including:

  • Naples
  • Marco Island
  • Bonita Springs
  • Immokalee
  • Everglades City
  • Golden Gate
  • Lely Resort
  • Ave Maria

We also serve clients throughout Miami-Dade County and Broward County.

Free Consultation: Collier County Family Law Attorney

If you are facing a divorce, custody dispute, alimony matter, or any other family law issue in Collier County, contact the Law Firm of Jeffrey Alan Aenlle, PLLC to schedule your free initial consultation. Call  +1.786.309.8588 today.