Divorce can often be time consuming, stressful and complicated for both parties involved. However, when divorce turns into a contested divorce, the entire process becomes much more difficult. During contested divorce tempers often soar with neither party wishing to budge on their stance, making it easy for a fairly civilized process to turn into all out war. If you are about to undergo a contested divorce, it is important to have an experienced attorney by your side. At the Law Offices of Theodore Enfield, P.A., we can provide you with a Boca Raton divorce lawyer to protect your interests.
What is Florida Contested Divorce?
There are two kinds of divorce, contested divorce and uncontested divorce. Contested divorce is a divorce in which neither party can arrive at agreements on their divorce-related issues, making it the most complicated of divorces. While no divorce is truly without its disagreements, the disputes that arise are seldom taken to court in order to resolve the issue. With contested divorce, the spouses must go to trial and have a judge make the decisions for them to resolve their disputes. Uncontested divorces tend to move a lot quicker through the courts than contested divorces and are less expensive. However, when spouses cannot arrive at an agreement on key issues necessary to terminate their marriage, there is no other option.
Common Issues that Lead to Contested Divorce
Contested divorce is becoming more and more common nowadays due to the many issues that need to be resolved in order to terminate a marriage. Some of the most common issues that require resolution by the court during a contested divorce include:
- Child Support: During divorce, the law requires parents to have a financial obligation to their children. Sometimes spouses will not agree on who should be responsible or on the payments.
- Child Custody: Issues often arise between spouses as to where the children will live and who has the legal right to make decisions about their upbringing.
- Alimony: Alimony payments, or spousal support, often occur after divorce if one spouse earns substantially more money than the other. Sometimes spousal support will only be temporary.
- Asset Distribution: Asset distribution and property division in marital property are areas that spouses often fight over believing that they both are entitled to the same thing or things.
- Debt Allocation: Just as marital property is divided fairly during divorce, so is what the spouses owe.
Proceedings for Contested Divorce
The cost and length of a contested divorce depends on how much conflict there is between the spouses. However, contested divorce is both longer and more costly than unconsented divorce due to the additional steps that must be taken. For contested divorce, both spouses must file court documents outlining their stances on the issues in dispute. Then comes case management in order to encourage settlement as soon as possible in order to save both parties time and money. Case management allows both spouses scheduled opportunities to discuss the case. The case may be settled at any time during the proceedings prior to the hearing. If settlement is not reached prior to the trial, the judge will then make the final decision on what is being disputed and grant a divorce.
Importance of a Boca Raton Attorney During Contested Divorce
Contested divorce can cost you time, headaches and several thousand of dollars. A divorce attorney can help mediate the situation between you and your spouse to reach a point of agreement and avoid going to trial. Having your own attorney by your side will ensure that your rights are protected and will provide you with legal advice to understand the consequences and impacts of certain issues in your divorce. If settlement isn’t reached between you and your spouse, your attorney will be able to represent you in court. At the Law Offices of Theodore Enfield, P.A., we can provide you with a divorce lawyer Boca Raton residents can rely on for their experience and dedication to fight for your interests.
Divorce Lawyers in Boca Raton, FL
If efforts to resolve divorce disputes without the need for court were unsuccessful, it is imperative that you hire an attorney who can represent you. At the Law Offices of Theodore Enfield, P.A., our attorneys will work with you and for you to ensure fairness to you in the divorce. Contact us today for a divorce attorney Boca Raton residents can trust to protect their rights.