If you have determined that your marriage is irretrievably broken and you want a divorce, it can be done in a contested or uncontested way. A contested divorce means you and your spouse cannot agree on some aspects of the breakup and the court will step in to decide.
Florida uses a no-fault system in which you do not have to prove the other spouse’s bad behavior, but if they contest your petition, those issues will end up before a judge or at trial in limited cases. Hiring a divorce lawyer to leave a marriage behind is one of the most stressful actions you may take in your lifetime, but enlisting the help of a Fort Lauderdale contested divorce lawyer will take some of the burden off you.
What Issues Can Be Contested?
Divorce is initiated when one estranged spouse, who is called the petitioner, enlists a family law attorney to draft the petition for dissolution of marriage, which is filed with the court. The other spouse, called the respondent, has 20 days after a process server delivers the petition to file an answer with the court. The answer includes a counter-petition if any of the issues in the original are contested. These issues can include:
- A dispute about who owns separate property.
- Disagreement over a parenting plan, including time-sharing if there are children of the marriage (Florida has replaced the term ‘custody’ with time-sharing).
- One party disputes the amount of child support sought.
- A dispute about dividing marital property, such as the family home, and other assets.
- If alimony is appropriate and how much will be paid.
Whether a client wishes to file a petition for dissolution of marriage or receives one that must be answered, the lawyers at The Florida Probate & Family Law Firm are skilled negotiators and talented divorce litigators who have decades of experience handling these cases. Because respondents have only 20 days to review and answer a contested divorce petition, it is crucial to meet with a Fort Lauderdale attorney at once.
Other Aspects of a Contested Divorce
When a divorce is contested, part of the process includes discovery. This means both parties submit relevant information, including financial statements, debts, wages, a list of separate property and marital property, business financials, any prenuptial or postnuptial agreements, depositions or witness statements, and other information as determined by the court and attorneys.
Because a contested divorce takes longer to grant than an uncontested one, arrangements can also be made after a request to the court for temporary relief. If children are involved, the court can grant temporary child support and time-sharing. If one spouse is a high earner while the other manages the home, temporary alimony can also be granted.
An experienced Fort Lauderdale lawyer will use this time to negotiate with opposing counsel for a fair settlement in a contested divorce. If one party still contests an issue, ending in a stalemate, the judge will order mediation with a third party. Please note that if young children are involved, mediation and parenting classes are mandatory in Florida.
When Negotiations and Mediation Do Not Work
If an agreed-upon settlement on contested issues cannot be reached in mediation, the judge will order a trial in which the parties and witnesses testify to give credence to their positions. Closing arguments enable a Fort Lauderdale contested divorce attorney to summarize a client’s position and ask the judge to rule favorably. Florida is an equitable distribution state, which means when the judge rules on the distribution of assets, the assets are not necessarily split evenly.
Get Help with a Fort Lauderdale Attorney for with a Contested Divorce
Contested divorces can get ugly, fueled by raw emotion when the parties believe they were wronged and that their spouses are being greedy and selfish. It is best to let an experienced attorney help you through this ordeal.
A Fort Lauderdale contested divorce lawyer with The Florida Probate & Family Law Firm is ready to represent you so you can put the trying times behind you. Call us now to learn more.