Edgewater Divorce Lawyer

Attorneys Guiding Clients Through Divorce in Edgewater, Florida

Divorce can be one of the most emotionally and legally challenging experiences anyone can experience during their life. When a couple cannot reach an agreement on key issues, they may find themselves in a contested divorce. It is important to understand how these cases may differ from other forms of divorce. At Miami Family Law Group, PLLC, we provide our clients with effective representation in all types of divorces, including contested divorces. During divorce proceedings, our seasoned attorneys can help our clients work through the issues one by one, guiding them throughout the process and protecting their rights.

What Is a Contested Divorce?

When a couple cannot agree on the terms of their divorce, they may need to resolve issues in the courtroom rather than through private negotiations. Unfortunately, contested divorces often involve fierce disagreements, making the process more difficult than if the couple agreed on the issues. Disagreements can involve many different issues, such as child custody, asset division, alimony, and more. These disputes can prolong the divorce process and increase costs significantly.

Key Characteristics of Contested Divorce

• Disputes over important issues - A couple may struggle to agree on how marital property will be divided, how they will share custody of their children, or whether one spouse will pay spousal support to the other.
• Lengthier process - Contested divorces often take longer to resolve due to ongoing negotiations and court appearances.
• Higher costs - The longer it takes to figure out the terms of the divorce, the more expensive the divorce will be. Expenses may be related to preparations for a trial, legal representation during multiple court hearings, or expert witnesses.

Common Issues in Contested Divorces

Understanding the types of disputes that can arise during a contested divorce is important to ensure that these issues can be addressed correctly. Here are some key issues often brought to the table in a contested divorce:

• Child custody and child support - When kids are involved in a divorce, disagreements between parents can become ugly. Parents may disagree on who should have primary custody of the children, when children will spend visitation time with a parent, and how much child support should be paid.
• Division of assets - Contested divorces often involve disputes over the equitable distribution of marital property, including homes, vehicles, bank accounts, and other assets that may have financial and sentimental importance for both parties.
• Debts and liabilities - A couple may disagree on how to handle shared debts, like mortgages, credit card debt, and other financial obligations.
• Spousal support - Determining whether one spouse should receive financial assistance from the other, including the amount and duration of these payments, can lead to contentious disputes.

Understanding the Process of a Contested Divorce

Navigating any divorce, especially a contested divorce, is not easy. However, understanding the process can potentially help alleviate some of the stress. Here is a simplified outline of the steps involved:

1. Filing a petition - The process begins when one spouse files a Petition for Dissolution of Marriage. For couples who live in Edgewater, this petition must be filed with the Volusia County court.
2. Response from the other spouse - The divorce petition will be served to the other spouse, and they will be required to respond by filing a court appearance or their own counter-petition.
3. Discovery phase - The parties will engage in discovery, which will involve the exchange of information and documents relevant to the case, including important financial documents and other relevant evidence.
4. Negotiation and mediation - Couples will often participate or at least try to participate in mediation sessions and work to resolve their disputes amicably.
5. Trial - If mediation fails, which it often does in contested divorce scenarios, the case may proceed to trial where a judge will listen to both sides and make a decision on the contested issues.

Contact Our Edgewater, FL Divorce Attorney Today

Make no mistake: a contested divorce can be a very difficult process. However, with the strategic legal guidance of Miami Family Law Group, PLLC, you can determine the best ways to navigate contested divorce proceedings successfully. To learn more about how we can provide the representation you need to succeed during your divorce, contact us at 305-520-7874 and schedule a consultation today.