If you are considering a divorce in Florida, it is important to understand the different types of divorce that are available to you. In Florida, many divorces are contested. This simply means that the divorcing parties are not able to resolve all the issues of the divorce on their own. They disagree about how much one should pay the other for child support, for example, or who should keep the marital home. This type of divorce is different from an uncontested divorce because it is more complicated, time consuming, and expensive. If you would like to get divorced, but you know that you and your spouse will not be able to come to a divorce agreement on your own, you need the help of an experienced Florida divorce attorney.
Understanding a Contested Divorce
Contested divorce is a divorce in which the spouses cannot agree on one or more issues, such as child custody, property division, alimony, or other matters. In a contested divorce, each spouse will hire their own attorney to represent them in court. The court will then make decisions on these disputed issues after hearing from both sides. This type of divorce can be more expensive and time-consuming than an uncontested divorce because it requires both spouses to hire attorneys, gather evidence, go through discovery, go to court, call witnesses, and persuade a judge to rule in their favor.
How a Contested Divorce Works
If you are considering a contested divorce in Florida, there are a few things you should know about the process. First, you will need to file a petition for divorce with the court. Once the petition is filed, your spouse will have 20 days to respond. If they do not respond, you can proceed with a default divorce.
However, if your spouse does respond, you will need to attend a mediation session within 45 days of filing the petition. Mediation is a process where both spouses meet with a neutral third party to try to resolve their differences. If you are unable to reach an agreement in mediation, you will need to go to trial.
Challenges Associated With a Contested Divorce
While a contested divorce can be more complicated than other types of divorce, it does have some advantages. One advantage is that you and your spouse will each have your own divorce attorney who will help protect your interests.
Another advantage is that going to trial gives you the opportunity to have a judge hear your case and make decisions about your divorce, rather than leaving it up to you and your spouse to agree on these matters.
What Spouses Can Expect in a Contested Divorce
If you are considering a contested divorce, it is important to be prepared for the process. This type of divorce can be more expensive and time-consuming than other types of divorce, so it is important to be prepared for the financial and emotional toll that it can take.
Contested divorces can also be more stressful than other types of divorce because you will have to go through the process of mediation and likely trial. This can be a difficult and emotionally charged experience. However, divorce attorneys can help spouses navigate the process and protect their interests.
How Divorce Attorneys Can Help
For years, the attorneys at The Law Firm of Anthony J. Diaz have been helping spouses Orlando and throughout Florida as they navigate the process involved in finalizing a divorce. Contact Anthony Diaz and The Law Firm of Anthony J. Diaz today for help.