When couples make the decision to divorce, they may not be communicating well. Some couples can negotiate a divorce settlement quickly and are happy with the results, but they are the exception.
Most couples file for divorce before they have reached a settlement, which is called a contested divorce. A contested divorce does not have to be high-conflict. When the spouses work with skilled divorce attorneys, the couple can often reach a satisfactory settlement before the divorce goes to trial. A West Miami contested divorce lawyer can ensure you meet your goals while keeping the process as amicable as possible.
Resolving Issues Concerning Children
The hardest part of a contested divorce for many people is the impact it may have on the relationship with their children. When parents have been actively involved in their children’s lives, the law supports a continuation of that relationship.
Florida Statute § 61.13 presumes it is in the children’s best interests for parents to share time and responsibility equally after divorce. An equal split is not practical for many families, but courts encourage arrangements where each parent gets substantial time with the children.
Parents must submit a detailed parenting plan describing their time-sharing and decision-making arrangements. The court will review it and incorporate it into an enforceable custody order if the judge agrees it serves the children’s best interests. A West Miami contested divorce attorney can review the parenting plan to ensure it meets legal requirements before submitting it to the court for review.
Dividing Property in a Contested Divorce
Marriage is a financial relationship, and spouses have an equal right to everything they acquired individually or as a couple during the marriage. The exceptions are gifts to one spouse from third parties and inheritances. Gifts and inheritances are the separate property of the recipient spouse.
The law requires spouses to divide their marital property fairly, but the division need not be equal. A judge will likely approve any arrangement that both spouses agree to, although courts can reject property settlements that seem shockingly one-sided. A West Miami contested divorce attorney can negotiate with the spouse’s attorney and ensure the resulting settlement is equitable.
When the spouses cannot agree on a property settlement and the court must decide, the law requires a judge to begin with the premise that the property should be equally divided. The judge then considers other factors that might weigh in favor of awarding more property to one spouse. Some of the factors they consider include the length of the marriage, each spouse’s economic and non-economic contributions to the household, and the value of each spouse’s separate property.
Negotiated Settlements
A divorce can produce angry and bitter feelings that get in the way of productive communication. Divorcing couples often find it challenging to negotiate with each other, or even be in the same room together.
A skilled attorney in West Miami can negotiate a contested divorce settlement with the other spouse’s attorney even when the spouses cannot communicate effectively. They will learn the spouse’s goals and priorities, and work relentlessly to accomplish them.
A negotiated settlement is always preferable because it keeps control in the hands of the spouses. A judge does not know the individuals involved, and a decision that seems fair on paper may not be in practice. Most couples facing contested divorces manage to achieve a fair settlement during the divorce proceedings before a trial.
Speak to a West Miami Attorney About Contested Divorce Today
A long, drawn-out, bitter divorce is rare, despite what you may have heard. Although feelings run high during divorce, a skilled family attorney can keep the temperature down and help the couple reach a fair settlement before a trial.
Contact a West Miami contested divorce lawyer at The Florida Probate & Family Law Firm for help. We can guide you through the process and produce effective negotiations, so schedule a free case review today.