It is common for couples who are seeking a divorce to disagree on some of the details of their split. A contested divorce in Florida is one in which either party strongly disagrees with some of the potential issues in their divorce agreement. Such disagreements are extremely stressful, and the parties may have to go to court to finalize their Florida divorce. Some of the issues that the parties may contest include child support, child custody, spousal support, alimony, and property division. Experienced Florida family law attorneys, like those found on our site, can get you what you deserve in your contested divorce!
Win Your Contested Divorce in Florida
Sometimes, a Florida contested divorce is inevitable because there is a lot of resentment in the marriage and both parties cannot sit down to agree on the terms of their split. It is also necessary in situations where a spouse does not want to get a divorce in the first place. The spouses should seek the help of a Florida family law attorney in situations where there is a history of spousal abuse, where one spouse has a high net worth, or if one spouse involved the other in a lot of joint debt.
Attorneys involved in a contested divorce in Florida will have to do quite a bit of research to discover evidence that will help them to win the case. They may need to investigate the other party’s financial dealings as well as their personal lives. Some of the processes involved in evidence discovery may include the sending of subpoenas, interrogations, depositions and document or product review. Sometimes, the attorney may need to ask for help from forensic accountants and financial experts. In situations where custody is the issue, your Florida family law attorney may need to consult a psychologist or a social worker who can provide testimony on what is in the child’s best interests.
Division of Assets in a Contested Florida Divorce
In circumstances where the division of assets and property is the issue, the attorney will need to determine the value of the marital estate. The Florida attorney will then prepare a case on how their client would like the property to be divided. Marital property division in a Florida divorce is tricky. Florida law, specifically Section 61.075 Florida Statutes, provides; “equitable division of assets and liabilities” rule for determining who gets what portion of the marital property and the marital debt. The statute that explains this can be found at: Florida family law attorneys work through the discovery process to find hidden bank accounts, pensions, and retirement accounts that may be partially your property.
Child Custody in a Contested Florida Divorce
If the couple has an agreement regarding custody, the court may grant the temporary custody arrangement before the divorce. However, if custody is an issue, mediation will be necessary. During mediation, the mediator will draft a temporary agreement for custody before the court decides on a date for the divorce trial. The court will determine time-sharing and child custody based on the best interests of the children. The court will have to evaluate the overall well being of the child if both parents cannot agree on custody. For dad’s out there, it may be necessary to seek out a Florida father’s rights attorney even as these matters are much more difficult for men.
How Do I Win My Contested Divorce Case?
Divorce procedures are usually heated and emotional, and it is always better to have proper representation. A Florida family law attorney can communicate with the other party’s lawyer so as to prevent further disagreements or any uncomfortable conversations. In cases where one party may take advantage of the other, an experienced attorney can provide strong and aggressive representation in order to help their client. The attorney can help the parties reach a common ground if they cannot communicate at all. A Florida divorce attorney can help a contested divorce proceed more smoothly. A Florida contested divorce can take a very long time before the court settles all the issues. An attorney will help to negotiate all the issues so that in the end, everyone is happy with the terms of their divorce.
Additional Florida Information