A contested divorce does not mean that one spouse does not want a divorce. A divorce is called “contested” when one spouse files for divorce before the couple has reached a settlement.
Contact a Coconut Grove contested divorce lawyer when you are having trouble reaching a settlement with your spouse. Our divorce attorneys can explain the law, help you define your goals in the divorce, and advocate for your desired result.
How Contested Divorces Proceed
A contested divorce in Coconut Grove begins when one spouse files a petition for divorce and the other spouse files an answer, rejecting one or more of the requests in the petition and making their own requests. The court will schedule a hearing and require the spouses to file financial disclosures.
Before or during the first hearing, the court will usually issue orders preventing the spouses from selling marital property or acquiring marital debt without the other’s consent. If a spouse requests it, the court might issue an order providing temporary alimony while the divorce proceedings are ongoing. When the couple shares minor children, the judge may issue temporary orders at the first hearing regarding child support, time-sharing, and visitation.
Once the spouses have exchanged their financial disclosures, negotiations begin. There are several issues the couple must settle before the court can grant a divorce. The spouses’ attorneys often negotiate directly with each other, or the spouses might negotiate themselves with the help of a mediator. When negotiations fail, the court will schedule a trial, hear the evidence, and the judge will decide the outstanding issues.
Develop a Co-Parenting Plan in a Contested Divorce
Florida Statutes § 61.13 requires parents to submit a parenting plan to the court for approval. When parents do not agree on a plan, each must submit a proposed plan, and the court will choose between them or impose a different plan. The court must review a parenting plan and affirm that it supports the children’s best interests before approving it and issuing it as an enforceable order.
The parenting plan must contain a detailed schedule showing which parent will have the children on which days. The law favors the parents splitting physical custody as equally as possible unless they agree otherwise. When one parent wants to limit the other’s access to the children, they must prove that parent poses a danger. A Coconut Grove contested divorce attorney can review the situation and advise whether grounds exist to limit the other parent’s access.
The parenting plan must also allocate decision-making authority regarding the children—the law refers to this as parental responsibility. The law favors parents sharing parental responsibility, assuming they can communicate constructively and safely to put the children’s needs first. When a couple’s relationship is violent or volatile, a court may assign responsibility to just one parent.
Establishing an Equitable Division of Marital Property
Florida law requires spouses to divide their marital property fairly, though not necessarily equally. Property settlements are usually more acceptable to both spouses when they negotiate the division, rather than leave it to a judge.
When a judge must decide property division issues, they begin with the premise that the property should be divided equally. They then consider factors that might make an unequal division more equitable, including the:
- Duration of the marriage.
- Contributions each spouse made to the household, including non-economic contributions like childcare and homemaking.
- Sacrifice of one spouse’s education or career to support the ambitions and success of the other.
- Value of each spouse’s separate property.
A contested divorce attorney in Coconut Grove will ensure the court is aware of the factors that might persuade the judge that a spouse deserves a larger share of the marital property.
Sometimes spouses must liquidate property to accomplish a fair property division, but judges try to avoid that result if possible. For example, when one spouse has a business or professional practice, a judge might determine they should retain it but share part of its value with the other spouse. When the couple owns a home and the children were raised there, the judge might award the home to the children’s primary caregiver and order that the other spouse get half its value from other marital property.
Consult a Coconut Grove Attorney About Your Contested Divorce Today
A contested divorce does not have to mean an expensive and lengthy court fight. A skilled family law attorney can help you reach a favorable settlement even after you have filed for divorce.
Contact a Coconut Grove contested divorce lawyer at The Florida Probate & Family Law Firm for help settling your divorce. Reach out to set up a free case evaluation today.