The breakdown of a marriage is often a challenging process. If you and your soon-to-be ex-spouse cannot reach an agreement on critical issues, you must go through a contested divorce. This involves relying on the court to determine essential matters like child custody or visitation. You have the right to hire professional legal counsel to support you every step of the way.
A hardworking divorce attorney can help protect what is most important to you, including your relationship with your children and your hard-earned property. Instead of representing yourself, let a Florida contested divorce lawyer guide you through this complex process. Schedule a free case evaluation today to learn more.
Common Issues in a Contested Divorce
Countless problems can prevent a divorce from wrapping up without any conflict. Even when the split is amicable, the specifics of the divorce can lead to hotly contested court proceedings. Some matters that a Florida contested divorce attorney can help resolve include the following:
Property Division
Splitting up marital property is often a significant point of contention. It is important to note that the court only has the power to divide jointly owned property, as individual assets are exempt. This can lead to disputes about how to divide that property equitably and what is considered a marital asset in the first place.
Debt Allocation
In some situations, divorcing spouses have more to divide than their marital assets. If they have accumulated shared debt, those obligations must also be divided. Much like the assets both parties own, a judge will also consider how to distribute any marital debts equitably. These decisions are essential, as substantial amounts of debt can require the couple to liquidate many of their assets to pay them off.
Child Custody
One of the issues most likely to result in a heated dispute is custody over a minor child. Unlike most aspects of a divorce, the spouses do not have the power to reach a mutual agreement on questions of child custody, visitation, or support. A judge will ultimately determine what is best for a child, often after a contested hearing.
How Long Can a Contested Divorce Take?
One of the downsides of a contested divorce is that the process can take time to resolve. When the parties cannot reach an agreement on all of the crucial issues, it could take months or even years to conclude. That said, a Florida lawyer might eventually be able to resolve a contested divorce by working out a settlement both sides can live with.
When settlements are impossible, these disputes can take more than a year to resolve in court. At some point, the judge overseeing the case will set it for trial and hear evidence from both sides.
Individuals can take steps to prevent these cases from dragging on for years. Hiring a legal professional can help to avoid needless delays by moving the process toward a resolution.
Contact a Contested Divorce Attorney in Florida Today
While dissolving a marriage is rarely easy, getting a fresh start on life might be the best thing for you. A Florida contested divorce lawyer can help you turn the page by expediting this process.
Call for a free case evaluation today and learn how the dedicated family attorneys at The Florida Probate & Family Law Firm can help protect your rights.