Many people who seek to dissolve their marriage have a contested divorce. In these cases, a spouse files for divorce before resolving all the issues they must settle before the divorce can be granted.
If the couple cannot resolve their differences while the divorce case is pending, there will be a trial and a Judge will ultimately decide. Fortunately, a skilled divorce attorney can often negotiate an acceptable settlement before the case goes to trial. A Coral Gables contested divorce lawyer can offer the support and guidance you need to meet your goals in court.
Property Division When Couples Divorce
Sometimes, a couple must file for a contested divorce because they cannot agree on property division issues. Each spouse has an interest in marital property, which is everything the couple acquired during the marriage, regardless of whose money paid for it or whose name is on the title or registration. This also includes debt.
Anything either spouse owned before marriage is separate property and does not have to be divided. Gifts and inheritances that a spouse receives during the marriage are also separate. In addition, some couples have marital agreements that designate some property as separate even though the law would classify it as marital property. A contested divorce attorney in Coral Gables can review marital agreements to determine their impact on property division questions.
Florida Statute § 61.075 calls for marital property to be divided equitably and guides how to do so when the couple cannot agree. A Judge should start by dividing the marital property equally and then evaluate factors that might make a different distribution more equitable. Some factors include the length of the marriage, each spouse’s ability to earn a living after divorce, and the value of their separate property.
Resolving Issues Concerning Children
Most parents’ primary concern is how divorce will impact their children. It is common to have disagreements about where the kids should live and how much time they spend with each parent.
The final divorce decree will include a detailed parenting plan establishing how they will share decision-making responsibility and parenting time. Ideally, the parents will submit a mutually agreed plan for the Judge’s review. If not, each parent submits their preferred plan and the Judge either chooses one or imposes a different plan altogether.
A Judge must choose a plan that supports the children’s best interests. Even when parents agree on a plan, a Judge can reject it. A Coral Gables lawyer who understands contested divorce cases can explain what factors Judges consider when evaluating a plan.
The Contested Divorce Process
A contested divorce begins when one spouse, the petitioner, files a Petition for the Dissolution of Marriage at the county courthouse where they live. They must arrange for the papers to be served to their spouse. Following this, the spouse contests the divorce by filing an answer. A Coral Gables attorney can prepare the initial contested divorce court documents for either spouse.
Each spouse will file a financial disclosure that forms the basis for property division discussions. The Judge will also issue standing orders preventing them from using marital assets or acquiring marital debt without the other’s consent while the proceedings are ongoing. Along with this, the Judge might issue orders covering temporary child support and custody arrangements, temporary spousal support, and orders of protection, if necessary. If the spouses have minor children together, they must take a parenting education class.
The parties will request information from each other and verify it during the weeks and months after filing the petition. Spouses might go to mediation to resolve their outstanding issues before a trial or lawyers might negotiate with each other to reach an agreement. In most cases, couples reach settlements, which are presented to the Judge for approval and included in a divorce decree.
Call Our Coral Gables Attorneys for Representation in a Contested Divorce Today
A contested divorce does not have to be high conflict. The skilled attorneys at The Florida Probate & Family Law Firm can often resolve matters outside of court swiftly, cost-effectively, and without unnecessary hostility.
Contact one of our Coral Gables contested divorce lawyers now. Initial case evaluations are free. Schedule one today to learn how we can help you through your situation.