Every divorce requires separating spouses to unwind various aspects of their shared life, such as the division of assets, alimony, and custody over children. When you are unable to agree on these terms, it is known as a contested divorce. Spouses must resolve contested issues in their divorce through a judge’s issued order.
A Pembroke Pines contested divorce lawyer can play a key role in advocating for your rights by making necessary arguments to the court that support your desired outcome. Below, we explain the areas where a respected divorce lawyer from The Florida Probate & Family Law Firm can make a difference in your contested divorce case.
The Equitable Distribution of Marital Property
Spouses going through a contested divorce in Pembroke Pines generally have the right to an equitable share of the marital property. While an equitable distribution means it must be fair, it does not always mean equal. In other words, a judge’s distribution of property in a contested divorce might not result in an equal share of the property based on its value. Courts will consider a variety of factors when deciding how to split up marital property. For example, a court may rely on the following factors, among others, in its decision:
- Each spouse’s contribution toward acquiring or maintaining the property.
- A spouse’s sentimental attachment to the property.
- The duration of the marriage.
- The economic circumstances of each spouse.
Naturally, the distribution can be a complex and difficult piece to navigate in a contested divorce. A Pembroke Pines lawyer can help identify the spouse’s claimed marital property in the contested divorce and ensure the judge’s distribution of property aligns with their future goals.
Granting Alimony Orders in a Contested Divorce
Alimony is another often-disputed part of a contested divorce where a judge’s order could impact a person’s future finances for years to come. These disputes usually focus on whether a spouse has a financial need for alimony, and if so, the amount of alimony to grant.
A Pembroke Pines lawyer can identify arguments to dispute or support these requests in a contested divorce based on the unique circumstances of each spouse. A spouse’s earning potential, education, lifestyle during marriage, and other factors will play a crucial role in persuading a court on its alimony order. Alimony can also take several different forms that align more directly with the reason for financial need. For example, a lump-sum payment for necessary training or education for a spouse to enter the workforce may be more appropriate than alimony paid in periodic installments.
Disputes Over Child Custody
The care of children from a marriage is the final item commonly contested in Pembroke Pines divorce proceedings. If divorcing parents are unable to agree on custody and support amounts for their children in an approved parenting plan, then a court must decide these issues from them. Judges make these decisions with the best interest of the child in mind using a variety of factors. Joint custody of children is often the default outcome in a divorce unless a spouse can show that their spouse is unfit as a parent. Issues that may establish a parent’s lack of fitness could include substance abuse, a history of violence, mental health issues, and other concerns about their ability to provide a safe home for the children.
Call a Pembroke Pines Contested Divorce Attorney Today
Many divorces end up being a drawn-out legal proceeding. A Pembroke Pines contested divorce lawyer from The family law attorneys at The Florida Probate & Family Law Firm can help you protect your interests related to the end of a marriage. We offer free case evaluations to better understand the specific needs of our clients and how we can serve them in their divorce case. Call our office today.