Potential Family Law Clients who are contemplating leaving their marriage may be unaware of specific legal terms related to Divorce. At The Marks Law Firm, P.A. – Family Law & Divorce Attorneys, our Team is prepared to answer common questions that may arise during an initial consultation or throughout a Client’s case. One frequently asked question is “What contributes to a Contested Divorce?”
In order to understand the makings of a Contested Divorce, it is important to be aware of the following factors as they relate to your Family Law matter:
Financial Needs: Are you and your spouse unable to agree on the necessity of Alimony, what happens to the Marital Home, or the future of any joint businesses or other shared assets? Such circumstances often lead to a Contested Divorce. An experienced Family Law Attorney will help you manage your expectations and resolve these kinds of issues in your case.
Child Support: Have you and your spouse discussed Child Support and how it will impact the wellbeing of your minor children? Statute 61.30 outlines Child Support Guidelines and how payment amounts are determined. CLICK HERE to watch Attorney Tom Marks’ YouTube video detailing “How to Calculate Child Support in Florida.”
Timesharing/Custody: Perhaps you and your spouse are on different pages regarding Timesharing, which is commonly known as Child Custody. Many people believe that the Court automatically awards 50/50 Timesharing. However, the specific details of each case contribute to how many overnights each co-parent will receive. Aspects of a Custody/Timesharing arrangement will be outlined in a Parenting Plan, which is a document developed by and agreed to by the parents of the minor child(ren). However, during a Contested Divorce, co-parents may require involvement of the Court at a trial to proceed with finalizing their case.
A Contested Divorce occurs when spouses cannot agree on one or more critical issues related to the dissolution of their marriage. Unlike an Uncontested Divorce, where both parties amicably resolve issues such as property division, Child Custody, and others mentioned above, a Contested Divorce involves conflict that requires Court intervention.
Because of the financial, emotional, physical, or mental toll that a Contested Divorce may cause, you might want to consider the benefits of hiring legal representation to support your wants and needs during the Divorce process. Highlighted below are a few advantages of navigating your case with an experienced and knowledgeable Family Law Attorney.
Background of the Law: Attorneys are aware of necessary requirements and timelines related to a Divorce case.
Negotiation Abilities: A true advocate will prioritize your realistic goals throughout the duration of the Divorce process.
Emotional Support: Having someone in your corner who can practice empathy for what you are going through will help you get through this vulnerable season.
Stages of a Contested Divorce include: Filing the Petition for Dissolution of Marriage, Discovery, Negotiation/Mediation, and Trial (if necessary). Discovery in a Divorce entails the exchange of each parties’ information and evidence related to their claims. Examples of such can include financial documents, written communications, and other relevant materials.
If you have additional questions regarding the Contested Divorce process, call our office at (407) 872-3161 today to schedule an Initial Consultation.
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