Getting Through a Contested Divorce

Divorce is never easy, even in situations where both parties are in agreement. However, when one party does not agree to the dissolution of marriage or settlement terms, the result is a contested divorce. In a typical uncontested divorce the couple is expected to come to a reasonable agreement as to the terms of the settlement. When one person contests the divorce it means they do not agree to the terms and therefore the divorce is headed towards trial. A contentious divorce can make the process longer and, as a result, more difficult and expensive.

Terms for Divorce Settlement

When a couple divorces in Florida they need to work to come to an agreement as to the major settlement terms. These settlement terms cover such topics as:

• Distribution of assets;
• Allocation of debts;
• Alimony;
• Child custody;
• Child support; and
• Child visitation.

In Florida, as in other states, marital assets and liabilities must be distributed equitably in a divorce. Assets that were attained during the marriage are included in marital property with few exceptions. Distribution of assets can become complicated, particularly when the both husband and wife have been working, have pensions or retirement accounts, and have been married for a long time. It is best to discuss these issues with a qualified divorce attorney as soon as possible so concerns can be cleared up quickly.

How to Resolve Differences

When your divorce is acrimonious it requires special treatment. An experienced divorce attorney assists in resolving the major problems and restoring agreement. Many times, emotions take over, especially when it comes to finances and issues regarding the children. When this happens, it is helpful for you to have assistance from your attorney, who is able to see the situation from a more objective position. It is important to ensure that your rights are protected while allowing for some compromises that will make the divorce process smoother and less stressful.

Speeding Up the Divorce Process

A contested divorce can take longer to complete and becomes more expensive, time consuming, and stressful. If your divorce is contested it will take an emotional toll on the entire family. It is often best to try to resolve the differences without having to go to trial. As the divorce progresses you may realize that it is becoming difficult. Often, the judge sends couples back to try to resolve their own issues. The judge may even require mediation before making a final determination, which is done in a hearing. To avert this situation, your attorney will help guide you through the resolution process with as few problems as possible.

Contested Final Hearing

If, after all possible options have been exhausted, the couple is still unable to agree to the divorce issues, there will be a final hearing. In the contested final hearing, also called a trial, both parties present evidence and testimony to the judge, who will make a final decision. Your divorce attorney will prepare you and guide you through the entire process to achieve your desired outcome.

If you are facing the possibility of a contested divorce, it is important to reach out to skilled counsel immediately. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

The Divorce Process in a Nutshell

The length and what is involved in the divorce process depends upon the parties involved.  Furthermore, if you or your husband or wife is in the military, there may be issues involved such as military retirement, special residency requirements, requirements of service on an active duty spouse. There are those who can agree on a settlement of their issues and so obtaining a divorce is uncontested. Sometimes the parties can enter into an agreement and file it with the petition for divorce.  Or in the alternative, he or she can file the petition with the court and serve the other party with it by process server, who will have 20 days to respond.  Furthermore, if the other party is agreeable he or she can accept service of the petition, rather than being served by a process server.  Upon filing the petition, the court will order that the parties attend a Case Management Conference which is scheduled for 90 days after the petition is filed.  This is a hearing which is essentially a status conference, so that the judge knows what is happening in a case and what needs to be done in it.

Hammering out a divorce agreement!

Even if the parties can come to an agreement, there are still forms which must be completed, some of which are filed with the petition and some are filed prior to the final hearing.  There is mandatory disclosure which is required of both parties; however, they can agree to waive it.  It is required that each party file a Financial Affidavit and this requirement cannot be waived.  If there are children involved, then it is mandatory that a Parenting Plan signed by the parents and a Child Support Guidelines Worksheet be filed.  Child support is mandatory because family law looks at it as it is for the child and cannot be waived by the parents.  

If a marital settlement agreement is not filed with the petition, then the husband and wife will have to come to an agreement thereafter and file it with the court.  If they have attorneys helping them with their divorce, then the attorneys can put the agreement together and the parties will sign it.  If an agreement is reached and  filed, then the parties can proceed to an uncontested final hearing or the final hearing can occur at the Case Management Conference.  At that time, the judge in the case will enter a final judgment which will incorporate all of the terms in the agreement.  It will thereafter be enforceable by the court.

If the parties cannot come to an agreement, then in Hillsborough County, mediation is required prior to the case being heard by the judge.  Mediation can be either through the county or private mediation.  Private mediation may be more costly; however, it can be scheduled earlier in the process, as it usually takes two to three months to schedule a mediation with the county.  Another plus to private mediation is that there is no time limit on the length of the mediation, whereas, county mediation is limited to two hours.  If the case is uncomplicated, then county mediation may be sufficient; however, for more complicated cases it is worth the additional expense to attend private mediation as the parties have more time to settle and are more likely to settle some or all of the issues .  If an agreement is reached, the mediator will prepare the agreement for the parties to sign.  It will then be filed with the court and a final uncontested  hearing will be scheduled.  The final judgment will incorporate the terms of the mediation agreement.

A trial date will be scheduled for resolution of all or the remaining issues if the parties cannot come to an agreement at mediation. This will be a contested divorce action. The parties may also need to attend a temporary relief hearing if there are issues such as child support, child custody and timesharing, alimony and property division, which need immediate resolution.  Trial dates may be scheduled for three months or more after mediation.  The parties will attend the trial with their attorneys and each will present testimony and evidence to support their position.  The judge will take it into consideration and he or she will come to a decision at the trial or more often weeks after the trial date.

It is very costly both financially and emotionally to prepare for and attend trial.  Furthermore, neither party may be happy with the court’s decision.  Therefore, if at all possible, it is advisable to come to an agreement which requires that the parties compromise and understand that it may not be possible to receive everything requested.

By Lynette Silon-Laguna

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