MISSION
The Shield
Everyone should be able to afford an attorney. Despite the increase in the number of lawyers in the State of Florida over the years, access to competent legal representation is out of the financial reach for most people in Lee County and Collier County, Florida. The goal of this firm is to make high level legal representation available to more people. Having an attorney in complex cases, especially those involving loss or your liberty, financial support of children and spouses, should be a right; but it is not. Remember, only you are responsible for yourself and if you are involved in our court system you need to be aware that without legal representation you are naked and alone. The American legal system is adversarial, evidence based, and governed by a series of rules and statutes that most people do not even know exist. The the system relies on humans who are imperfect in nature. Even in the most basic matters, having legal representation can make sure that your case gets handled correctly and mistakes are avoided.
sword
The Sword
"All oars in the water."
From day one I begin preparing for trial. One of your primary goals is probably to wrap up your case with the best outcome possible at the least expense. Therefore, you need an attorney who has experience bringing cases to trial and settling cases through negotiation. You need an attorney who will not take advantage of your situation and who will not waste your resources. The best way to obtain the best result in our court system is to be prepared and to be preemptive. The word "Preemptive" is defined as "serving or intended to preempt or forestall something, especially to prevent attack by disabling the enemy." This is where the sword comes into play. We take an all oars in the water approach in resolving cases. The vast majority of cases are resolved by settlement agreement. Fair settlements require the threat of litigation. If your attorney is not prepared to litigate, how can they strike a fair bargain on your behalf? I am prepared to settle because I am prepared to go to trial. I'll be the first to admit that I am not easy to get on the phone (that is why I have implemented the client phone scheduler so that you can see my availability). I am not out playing golf or sitting at happy hour slapping other attorneys on the back; I am preparing, thinking, drafting, researching, and getting ready.
COST SAVINGS?
Old law firm business models that cannot adapt to the post financial crisis and post epidemic economy will be left behind sooner or later. Efficiency and innovation are key. There is no room for the excessive and unnecessary. Each and every expense must be justified and constantly evaluated. Here are a few of the strategies I have implemented to cost costs of doing business:
- The Ken Turner Law Firm is certified paperless 🌱 which means instant savings in office space, expensive copiers, and supplies.
- Client Portal: Clients can access their file and billing any time day or night without incurring an expense by calling in.
- My legal research library is electronic, ridding the need of excessive office space and costly hard copy updates.
- Online payments and paperless billing.
- Expanded hours to meet client needs instead of expanded staffing.
- Customized billing. No one fee fits all.
- Limited but focused connecting instead of bloated paid advertising budget.
- Client's can schedule their own phone appointments without incurring a fee.
- Technology to allow you to schedule your own phone appointments.
- Empowering the client by leaving the simple tasks that do not require attorney time, for them to complete.
- Whenever possible, I will try to save you filing fees and court costs.
- This site is built to work and work fast (AMP compliant) on your mobile device.
Ken Turner, Esq. MY STORY
We all go through highs and lows in our lives. I have been married and divorced, experienced both ups and downs; those experiences inform my perspective in all that I do. I care about what my client's think of me first and foremost and I will not sell them short just to make friends with other attorneys.
I grew up in northern Kentucky. Kentucky is where I learned the value of work, perseverance, and compassion. I have been a Florida resident for more than 13 years and Naples is where I now call home. My name is Kenneth but my friends and family call me Kenny or Ken. I was named after my dad and everyone calls him Ken, therefore by default I became Kenny. My dad passed away in March of 2020. My parents were married for almost 40 year. My dad was a retired steel foundry worker and I remember when he would come home from work tired, sometimes burned, and no wealthier than he was the previous pay period. My mother also worked to provide for our family and my younger brother and I am reminded daily that her love is unconditional and never waivers. My family still resides in Kentucky and they have been married to each other since 1972. My brother is an extremely skilled and knowledgeable HVAC engineer and he has also been a very successful high school football coach in Kentucky.
I knew at an early age that I wanted to earn my living helping working people and families like my own. I am very proud to say that I am a first generation attorney. My roots are where I find my motivation and drive. My story shapes every decision I make and never have those roots been more important than during my career as an attorney. Being an attorney is my love and passion. I am extremely proud of what I have accomplished. The practice of law is all too often a generational occupancy where the children of attorneys make up a large portion of the attorneys in practice today.
I am a graduate of Campbell County High School in Alexandria, Kentucky. After high school, I attended Morehead State University where I was member of the football team for three seasons before leaving for United States Army Basic Training to become a Combat Engineer, a Sapper. I ultimately graduated from Northern Kentucky University while simultaneously enrolled in the Army ROTC program at Xavier University in Cincinnati, Ohio. After obtaining my degree in Political Science and History from Northern Kentucky University, I attended Thomas M. Cooley Law School in Lansing, Michigan where I earned my Juris Doctorate. My area of concentration in law school was litigation. While attending law school, I got my first courtroom experience working for the late Robert Jacobs as a Certified Legal Intern in the Public Defender's Office in Fort Myers, Florida. My past experiences have shaped how I view the world today and I am extremely proud of my blue collar roots.
I have had the fortune to have worked for and been mentored by some exemplary lawyers. I gained a wealth of knowledge and experience while working in a trial coordination capacity for Associates and Bruce L. Scheiner, a top personal injury firm in Fort Myers, Florida. I then went to work in Naples, Florida for Scott Martin Roth and Associates, because my heart was drawing me to working in family law and in criminal defense. While working with Scott, I personally represented individuals in all types of family law and criminal defense matters.
In 2012, I opened up my own law practice in Naples, Florida; where the focus of the practice was divorce, child custody matters, and criminal defense. In 2013, I took the Kentucky Bar Exam and became licensed to practice law in the Commonwealth of Kentucky.
My mission is to make high level legal representation available to anyone that needs it. I have represented clients in matters involving millions of dollars in assets and I have represented people who only have the shirt on their back. I provide help to people who find themselves in the darkest and most stressful times of their lives. Whether it be divorce, child custody issues, DUI, drug possession or other heartbreaking areas of life and law, I am proud to be able to go to work for the people.
I believe my job is to implement both the shield and the sword while representing clients and most importantly knowing the appropriate time to utilize each. I have high respect for law. I believe attorneys should be brave but chivalrous and prepared to slay dragons at all times.
I have developed and implemented cost cutting and time saving procedures in my law practice. One of the most important things a business owner can do for their clients and customers is to control the costs of doing business. My office is 100% paperless. I have a client portal system in place where client's can log in to access their files, balances, and calendars 24/7. Clients can also send and receive documents through the portal easily and instantly. I also have the capability to meet with client's remotely and get work done. Being paperless means I can work from anywhere at any time. I am innovative and I have a desire to constantly find a better way to do things. I even wrote the code for this website.
I also enjoyed a rewarding experiencing teaching in the criminal justice and legal studies departments at Southwest Florida College for ten terms. In my free time, I enjoy kayak fishing for Red Fish, Trout and Snook; art, music, and I still remain a fan of the Cincinnati Reds and Bengals. I have been a Mason for more than 20 years.
Practice Areas
PRACTICE AREAS
- Family Law
- Criminal Defense
- Child Custody and Support
- Divorce
- Parental Responsibility
- Parenting Plan
- Equitable Distribution
- Alimony
- Child Support
- High-Asset Divorce
- Divorce Involving Businesses
- Real Estate
- Uncontested Divorces
- Simplified Divorces
- Domestic Violence
- Temporary Restraining Orders
- Injunctions
- Stalking
- Cyberstalking
- DUI
- Misdemeanors
- Drug Possession
- Risk Protection Orders
CRIMINAL DEFENSE CRIMINAL DEFENSE
Criminal court came about during the Norman conquest of England in 1066. There were no written laws and prosecutions were conducted by private individuals.
This early system proved to be insufficient. Local governments of the time began to pay lawyers to prosecute criminal acts and the system evolved to what we have today. The crown had a very important interest in seeing that the people of the kingdom maintained a manageable level of civility.
A criminal act is a crime against the people. The government. In the United States, crimes are prosecuted by the state, federal, or county governement. The prosecutor does not directly represent victims. Office of the State Attorney in Florida represents the people as a whole.
This means that the State Attorney may prosecute someone charged with a crime whether the victim wants to "press charges" or not. The State Attorney may also decline to prosecute the accused despite an alleged victim's wishes.
In our great country, every person has the right to remain silent in the face of goverment investigation or even a local police officer taking a look around.
Alwyas invoke your right to remain silent. Do so politely and with respect to the officer. All law enforcement know your rights but you have to expressily inform them that you do not wish to answer any question without the presence of an attorney. It doesn't matter if you even know an attorney or not. Invoke your right to remain silent! People died in places like the shores of Normandy and in Southeast Asia guaranteeing that you have that right.
Crimes are classified into two major categories: Felonies and Misdemeanors. The short answer to describe the difference between felonies and misdemeanors are the possible sentences. Mideameansor are punishable up to one year in jail and felonies are punishable over one year in prison/incarceration.
Crime are furger broken down into degrees. A crime of the 1st degree is more serious than a crime of the 2nd or 3rd degree.
The criminal justice process follows this basic path:
- Arrest or notice to appear
- First Appearance
- Arraignment
- Discovery (evidence review)
- Pretrial Conferences
- Motions
- Negotiations
- Plea? or Trial?
The Public Defenders in the Twentieth Circuit are some of the best lawyers you will ever meet. Also, many of the most well known attorneys in Florida spent years as Public Defenders. They are passionate, they are bright, and they know how to do everything. However, they represent people who are indigent and have many cases.
A great benefit of having a private attorney is that many of the court events in most cases can be taken care of by your attorney without you having to miss work or appear in Court. Also, you might find that your hired attorney is going to be available more oftern because that is what you are paying him to do.
I want to represent you and I will do my best to accomodate you on fees. Give me a call or text me directly at (239)744-3434
FAMILY LAW & DIVORCE
FAMILY LAW & DIVORCE
INTRODUCTION
Research shows that divorce is the second most stressful situation that a person can go through in a lifetime. First on the list is the death of a loved one. Other events on the list include moving, major illness, job loss, and jail time. This guide is no replacement for a professional to help you deal with your stress and it is certainly not legal advice. This guide is information and reliable, factual information can help people feel empowered. Also, you might find some information here that will help answer your questions or help you form better questions for your attorney, saving you some money.
NO-FAULT DIVORCE
Marriage is a legal relationship officially recognized by the state. Common-law marriage was abolished in Florida in 1967. Today, to have a valid marriage a couple must obtain a marriage license. A valid marriage cannot be terminated without the entry of court order. The Florida Legislature determines the terms upon which a divorce will be allowed. Chapter 61 of the Florida Statutes deals with Dissolution of Marriage. However, there are also Florida Rules of Civil Procedure, administrative rules, and case law that also apply to Dissolution of Marriage cases.
Before 1971, to obtain a divorce, the person filing for the divorce was required to prove that the other person was at fault for causing the grounds for divorce. Now, proving fault is not required and fault is mostly irrelevant. Only two grounds now exist that entitle a person to divorce: (1) the marriage is irretrievably broken OR (2) one of the spouses has been adjudicated mentally incapacitated under Florida law for at least three years.
The policy reasons behind no-fault divorce is to enable people to end their marriages as amicably as possible and to lesson the adversarial nature of divorce. Even the way parties are labeled in family law cases is different from other civil court cases. The person who files for divorce is called the "Petitioner" (instead of a "Plaintiff") and the other spouse is called the "Respondent"(instead of the "Defendant"). Filing first has little to no real impact in divorce cases. All 50 states are now some form of no-fault divorce states.
A marriage is irretrievable broken if the parties do not want to stayed married to each other any longer. In most cases, the Judge is not interested in inquiring in further detail about why the marriage is ending. If one spouse made the decision that the marriage should be terminated, then the marriage is broken. If one spouse denies that the marriage is irretrievably broken, it generally does not matter. However, a Judge can, in some narrow circumstances pause the divorce for up to three months to enable the parties to reconcile if the parties are willing.
FILE FOR DIVORCE
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Determine if you meet the requirements to file for divorce in Florida:
You may file for divorce in Florida if either you or your spouse have been residing in Florida for the previous six months. (This is just one an example of a very black and white sentence that does not really inform the reader of all the nuances regarding issues of jurisdiction). If your divorce involves children, there are adittional requirements that must be met before Florida can make decisions regarding parenting and child support.
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Does your spouse own a business or corporation?
There are always two parties to a marriage but in some cases there may be more. If your spouse owns a business or corporation sometimes there is good reason to name the business or corporation as party to the divorce; especially if you suspect the corporation is being used to cover up resources your spouse may have. This means that the corporation would be included as a "Defendant" in the divorce.
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Do you and your spouse jointly own property that cannot be physically divided?
If you and your spouse own property that is jointly titled, for example a home, that cannot be divided into two pieces, you will need to request that the Court "Partition" the property so that the value of the home may be divided between the parties.
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What county should you file your divorce in?
In most cases a divorce should be filed in the county where you reside or in the county where your spouse resides, or where you and your spouse last resided together as husband and wife.
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How is the divorce officially commenced?
A dissolution of marriage is commenced by the filing of a pleading called a "Petition" with the Clerk of Courts in the County your divorce will take place. A pleading is a generic term for the primary document filed to begin a lawsuit. A dissolution of marriage is a lawsuit. There are several other supporting documents that are also required to be filed along with the Petition. In other types of civil cases, the initial pleading is referred to as a "Complaint".
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What information is required in a Petition For Dissolution of Marriage?
It is imperative to have a properly drafted Petition because the Petition is where you notify the other spouse what you are wanting the court to decide. The things that you are seeking or asking for in your divorce are referred to as the "relief". The relief you are requesting depends on the circumstances of your marriage. If you do not ask for a particular kind of "relief" in your petition, the Court will not be able to grant you that particular kind of relief". For example, if your marriage involves children then you must address parenting and child support in your Petition. Another example might be, that if you are seeking alimony, you must include paragraphs that allege the basis for your request for alimony in your Petition. The same is true for property division and distribution of debts. A Petition must also include allegations concerning jurisdiction. A Petition that fails to meet the minimum requirements may be dismissed and cost you precious time and resources in the long run.
THE PETITION
Florida Rule of Civil Procedure 1.110 states that a pleading "Petition" must contain "a short and plain statement of the ultimate facts showing that the pleader is entitled to relief." However, in family law matters it is usually wise to include some narrative so that the court has an easier time understanding the unique circumstances of a particular family. Narratives should not include irrelevant information and should not be inflammatory. Discretions should be exercised when drafting a petition. The minimum requirements for a Petition for Dissolution of Marriage with Minor Children can be found in the Florida Supreme Court form 12.901(b)(1). The Florida Supreme Court Forms are designed to meet the bare minimum pleading requirements. Experienced attorneys do not typically use the forms but you should review them and read the instructions to better familiarize with the process.
MAP TO OFFICE
Location & Hours
Main Office
5th Ave S, Ste 200
Naples, FL
Mon-Fri 9am-5pm
Weekends by Appointment
Available in Fort Myers
Fort Myers Office
12553 New Brittany Blvd
Fort Myers, FL 33907
Mon-Fri 9am-5pm
Weekends by Appointment