If you live in Fort Myers and are ending a marriage, you file in the 20th Judicial Circuit through the Lee County Clerk of Court. The physical filing location is the Lee County Justice Center at 1700 Monroe Street in downtown Fort Myers, a block from the Caloosahatchee River and the federal courthouse. Florida is a no-fault, equitable-distribution state, so you do not prove wrongdoing, and marital property is divided fairly under Fla. Stat. § 61.075. This page covers exactly where Fort Myers residents file, what it costs, how long it takes, and the Florida statutes that govern the outcome.
Key Facts: Divorcing in Fort Myers (Lee County)
The table below summarizes the core logistics for a Fort Myers, Florida divorce as of February 2026. Filing happens at the Lee County Justice Center, the state filing fee is $408, and Florida law requires six months of residency before you can file under Fla. Stat. § 61.021.
| Item | Detail (Fort Myers / Lee County) |
|---|---|
| County | Lee County (20th Judicial Circuit) |
| Filing court | Lee County Clerk of Court, Justice Center |
| Court address | 1700 Monroe Street, Fort Myers, FL 33901 |
| Filing fee | $408 dissolution + $10 summons (≈ $418) |
| Residency requirement | 6 months in Florida before filing |
| Waiting period | 20-day minimum from service to final hearing |
| Property model | Equitable distribution (Fla. Stat. § 61.075) |
How do I file for divorce in Fort Myers, Florida?
To file for divorce in Fort Myers, you submit a Petition for Dissolution of Marriage to the Lee County Clerk of Court and pay the $408 filing fee, plus $10 for a summons. Florida Family Law Forms are filed electronically through the statewide eFiling Portal or via TurboCourt, which the Lee Clerk endorses for a $10.40 preparation fee and $10 eFiling fee.
The process begins with the petitioner filing the petition under Fla. Stat. § 61.052, citing that the marriage is irretrievably broken. The respondent spouse is then served and has 20 days to answer. If you have children under 18, both parents must complete a state-approved Parent Education and Family Stabilization Course before the final hearing. Lee County residents living in the Cape Coral area can also file at the satellite Lee Government Center at 1039 SE 9th Place, Cape Coral, but the primary family law division sits at the downtown Fort Myers Justice Center.
Where do I file for divorce in Fort Myers? (which courthouse)
Fort Myers divorces are filed with the Lee County Clerk of Court at the Lee County Justice Center, 1700 Monroe Street, Fort Myers, FL 33901, phone (239) 533-9197. Mailed documents go to P.O. Box 2469, Fort Myers, FL 33902. The clerk's office is open Monday through Friday beginning at 8:30 a.m.
The Justice Center houses the family law division of the 20th Judicial Circuit, which serves Lee, Collier, Charlotte, Hendry, and Glades counties. Because Florida now mandates electronic filing for most documents, most Fort Myers filers never physically visit the courthouse to submit paperwork. You will, however, appear in person or by video for the final hearing before a circuit judge or general magistrate. The downtown location is steps from First Street and the historic River District, and parking is available in the county lots near Monroe and Dr. Martin Luther King Jr. Boulevard.
How much does a divorce lawyer cost in Fort Myers?
A Fort Myers divorce lawyer typically charges $250 to $400 per hour, with retainers of $2,500 to $5,000 for contested matters. An uncontested divorce handled by a Fort Myers attorney commonly runs $1,500 to $3,500 in flat fees. A fully contested case involving custody and complex assets can exceed $15,000 to $30,000 when trial, depositions, and experts are required.
These figures sit alongside the fixed $408 court filing fee and roughly $40 to $50 for service of process by the Lee County Sheriff or a private process server. Mediation, which the 20th Judicial Circuit often orders in contested cases, adds $100 to $400 per hour split between spouses. If you cannot afford the filing fee, you may apply for a waiver using the Application for Determination of Civil Indigent Status; approval waives the filing fee but not service or mediation costs. For a personalized estimate, the divorce cost estimator factors in your case type and county.
How long does a divorce take in Fort Myers?
A simplified or uncontested divorce in Fort Myers typically finalizes in four to eight weeks, limited mainly by the court's 20-day waiting period and the Lee County family division's hearing calendar. Florida imposes no fixed mandatory waiting period beyond the 20 days a respondent has to answer, so cooperative spouses can close quickly.
Contested Fort Myers divorces generally take eight months to over a year. The timeline expands when the parties dispute time-sharing, alimony, or the valuation of marital assets such as a home in Whiskey Creek, McGregor, or Gateway. Mandatory mediation, financial-disclosure exchanges under Florida Family Law Rule 12.285, and the court's docket all affect pace. The divorce timeline tool maps each stage so you can plan around the 20th Circuit's schedule. Most delays trace to incomplete financial affidavits, which every party must file early in the case.
What are the residency requirements to file in Lee County?
To file for divorce in Lee County, either you or your spouse must have resided in Florida for at least six months before filing, as required by Fla. Stat. § 61.021. You do not need to have lived in Lee County specifically, but at least one spouse must meet the statewide six-month threshold, proven by a Florida driver's license, voter registration, or a witness affidavit.
Venue is proper in Lee County when the parties last lived together as a married couple in the county or when the respondent resides there. Fort Myers, Cape Coral, Bonita Springs, Estero, and Lehigh Acres all fall within Lee County jurisdiction. If you recently relocated to Southwest Florida, you must wait until the six-month residency clock runs before the Lee County Clerk can accept your petition for dissolution of marriage.
How is property divided in a Fort Myers divorce?
Florida divides marital property through equitable distribution under Fla. Stat. § 61.075, meaning courts start from a premise of a 50/50 split and adjust only when relevant factors justify an unequal division. Nonmarital assets owned before the marriage, plus inheritances and gifts, are set aside to the original owner and not divided.
For Fort Myers couples, the most-disputed assets are typically the marital home, retirement accounts, and small-business interests. Courts weigh each spouse's contribution to the marriage, the length of the marriage, and economic circumstances. Florida's 2023 alimony reform (SB 1416) eliminated permanent alimony for cases filed on or after July 1, 2023, leaving bridge-the-gap, rehabilitative, and durational alimony under Fla. Stat. § 61.08. Durational alimony is capped at 35% of the difference between the spouses' net incomes. The alimony estimator reflects these post-reform caps.
How does child custody and time-sharing work in Fort Myers?
Florida uses the terms parental responsibility and time-sharing rather than custody, governed by Fla. Stat. § 61.13. Since July 1, 2023, Florida law applies a rebuttable presumption that equal 50/50 time-sharing serves the child's best interest. A parent must prove by a preponderance of the evidence that equal time is not appropriate to overcome that presumption.
Every Fort Myers case involving minor children requires a written parenting plan allocating decision-making for education, health care, and daily schedules. The 20th Judicial Circuit judge must make written findings on the statutory best-interest factors in § 61.13(3). Child support is calculated separately under Fla. Stat. § 61.30 using both parents' incomes and the number of overnights. The child support calculator applies Florida's guidelines to estimate your obligation before the final hearing.
Frequently Asked Questions
The answers below address the most common questions Fort Myers residents ask about filing for divorce in Lee County in 2026, with the specific fees, deadlines, and statute citations that govern each issue.