Has your spouse disagreed with getting a divorce or some of the terms? If so, speaking to a contested divorce lawyer Tampa, FL trusts is a good idea. Contested divorces can be very challenging. It can help to have a legal advocate represent your rights and interests.
What Is a Contested Divorce?
A contested divorce occurs when one spouse does not agree with something in the case. This could be the actual separation, but is often related to child support or custody, spousal support, or the division of assets. Contested divorces usually require the couple to go to court. A judge will hear their case and could make a ruling. By hiring a contested divorce lawyer in Tampa, FL, any disagreements could be resolved through mediation. This is much less costly and can save an enormous amount of stress.
Preparing for a Contested Divorce
Contested divorces often involve many unique challenges. As a Tampa, Florida contested divorce lawyer might explain to you, it is important to plan and prepare carefully for it.
Make a List of Your Debts and Assets – In a contested divorce, you should make a detailed list of all your debts and assets. This could include your financial accounts, bills, mortgage payments, and so forth.
Ask For Support from Loved Ones – Contested divorces are often stressful. It is important to create a network of supportive people around you. Whenever you need to, you should be able to reach out for support, guidance, or a shoulder to lean on.
Keep Communication Open – Even if you and your spouse cannot agree on terms of the divorce, do you best to remain open to communication. By staying civil with one another, trust can be established. It is also more likely for the both of you to reach an amicable agreement sooner rather than later. If you cannot talk face to face, try to utilize phone conversations or messaging apps.
Hire a Good Lawyer – It is very important you choose an experienced contested divorce lawyer in Tampa, FL. By having a legal advocate helping you out, your chances of reaching a fair settlement improve. Be sure to bring documents that relate to your case, and any questions you might have during your meeting.
Prepare for the Hearing – If your divorce is heard by a judge, you will need to prepare for the hearing. Your lawyer will go over what you can expect and what you should or should not say. You will also have the opportunity to find out how to dress and carry yourself before the judge. This preparation is very important and can make a difference in the outcome of a contested divorce.
If you are involved in a contested divorce, call a contested divorce lawyer in Tampa, FL from The McKinney Law Group.
Understanding A Contested Divorce
It can become even more challenging during the difficult process of divorce when both parties are unable to agree on major issues. A contested divorce arises when spouses cannot reach an agreement on critical matters such as child custody, property division, and alimony. In these situations, our Tampa, FL contested divorce lawyer will share that the divorce process can become lengthy and complex, often requiring court intervention to resolve disputes. Understanding the dynamics of a contested divorce can help individuals manage this difficult period more effectively.
The Basics Of Contested Divorce
In a contested divorce, both parties must present their case before a judge, who will make decisions on their behalf. This process begins with one spouse filing a divorce petition and serving it to the other spouse. The served spouse then has the opportunity to respond, either agreeing to the terms or contesting them. If the response contests the terms, the case proceeds to the discovery phase, where both parties gather and exchange information relevant to the disputes.
The discovery phase is critical as it allows both parties to understand the full scope of assets, liabilities, and other pertinent information. This phase can include depositions, interrogatories, and requests for documents. Once discovery is complete, the case moves to pre-trial negotiations, where attorneys from both sides attempt to reach a settlement. If negotiations fail, the case goes to trial.
Key Issues In Contested Divorces
Several key issues often arise during a contested divorce, each requiring careful consideration and legal guidance.
Child Custody and Support: One of the most contentious aspects of a contested divorce is determining child custody and support. Courts consider the best interests of the child, evaluating factors such as the child’s relationship with each parent, the parents’ ability to provide for the child, and the child’s own preferences in some cases. Both parents may present evidence and arguments to support their desired custody arrangement.
Property Division: Dividing marital property can also be a significant point of contention. Florida follows the principle of equitable distribution, meaning the court aims to divide property fairly but not necessarily equally. Misconduct that affected marital assets, each spouse’s economic circumstances, and contributions to the marriage are all factors that may be considered.
Alimony: Spousal support or alimony is another critical issue. The court examines various factors to determine if one spouse should receive alimony, such as the duration of the marriage, the standard of living during the marriage, and the financial resources of both parties. The goal is to ensure neither spouse is unfairly disadvantaged post-divorce.
The Role Of A Divorce Lawyer
Having a knowledgeable lawyer is essential in a contested divorce. A skilled Tampa, FL contested divorce lawyer can provide valuable guidance and representation, helping clients understand their rights and options. They assist in gathering evidence, negotiating settlements, and presenting a compelling case in court.
A lawyer’s role extends beyond just legal representation; they also offer emotional support and stability during a tumultuous time. Their experience and insight can significantly influence the outcome of the divorce, ensuring that clients receive a fair and just resolution.
Preparing For A Contested Divorce
Preparation is crucial in a contested divorce. Gathering all necessary documents, understanding the legal process, and setting realistic expectations can help manage the complexities involved. It’s important to maintain open communication with your lawyer, be honest about your goals and concerns, and stay informed about the progress of your case.
Understanding that a contested divorce can be time-consuming and emotionally draining is vital. Patience and resilience are essential as you work through the legal proceedings. Having a clear plan and support system can make this challenging process more manageable.
Achieving A Fair Resolution In A Contested Divorce
With the right support, it is possible to achieve a fair resolution during the often complex and stressful process of a contested divorce. At The McKinney Law Group, we are committed to helping our clients through these challenging times with compassion and experience, and we offer a civilized approach to family law. If you are facing a contested divorce, don’t hesitate to reach out to our team of experienced Tampa, FL contested divorce lawyers for a complimentary consultation. Let us help you find the path forward during this difficult period.
7 Common Misconceptions About Contested Divorce
Regardless of the type of divorce, the process can be emotionally charged and challenging, however, when a divorce is contested, it can be especially litigious. A contested divorce means that the parties involved cannot agree on one or more key issues, such as child custody, division of assets, or alimony. This type of divorce can lead to lengthy court battles and increased stress for everyone involved. As Tampa, FL contested divorce lawyers, we often encounter misconceptions about contested divorce that can complicate the process further. In this article, we aim to clarify these misunderstandings and provide a clearer picture of what to expect.
- Contested Divorce Always Means Going to Court Many believe that a contested divorce always results in a courtroom battle. While it’s true that unresolved issues may lead to court, many contested divorces are settled through negotiation or mediation before reaching that point. The goal is often to find common ground and avoid the time and expense of a trial.
- Contested Divorce Is Always Lengthy and Expensive It’s a common misconception that contested divorces are always long and costly. While they can be more time-consuming and expensive than uncontested divorces, the duration and cost depend on the complexity of the issues and the willingness of both parties to negotiate. Some contested divorces can be resolved relatively quickly if both parties are cooperative.
- Only High-Conflict Couples Have Contested Divorces Another myth is that only couples with severe conflicts end up in a contested divorce. In reality, even couples who generally get along may have significant disagreements on specific issues, leading to a contested divorce. Typically in contested divorces, couples are in conflict over unresolved issues.
- The Court Always Favors Mothers in Child Custody Cases There is a widespread belief that courts automatically favor mothers in child custody disputes during a contested divorce. However, modern family courts focus on the best interests of the child, considering various factors such as the child’s needs, each parent’s ability to provide care, and the child’s relationship with each parent. Both mothers and fathers have equal opportunities to gain custody.
- You Can Handle a Contested Divorce Without Legal Representation Some believe they can manage a contested divorce without the help of a lawyer. While it’s technically possible, it’s not advisable. Contested divorces involve complex legal issues, and having an experienced attorney can help protect your rights and interests. A Tampa contested divorce lawyer can guide you through the legal process and help you make informed decisions.
- Adultery Automatically Guarantees a Favorable Outcome for the Innocent Spouse Many assume that if adultery is involved, the innocent spouse will automatically receive a favorable outcome in terms of asset division or alimony. While adultery can impact the court’s decisions, it’s not the sole determining factor. Courts consider various elements, including the duration of the marriage, the economic situation of both parties, and the overall circumstances.
- Contested Divorce Ruins Your Chances of an Amicable Relationship Post-Divorce It’s often thought that a contested divorce means the end of any amicable relationship between the parties. While it can strain the relationship, it doesn’t necessarily mean future interactions will be hostile. Many former spouses are able to maintain a cordial relationship post-divorce, especially if they have children and commit to co-parenting effectively.
Clarifying Misconceptions About Contested Divorce
Understanding the realities of a contested divorce can help manage expectations and reduce stress during the process. Misconceptions can lead to unnecessary anxiety and hinder decision-making. As Tampa contested divorce lawyers, we are here to help you manage the complexities of a contested divorce with clarity and confidence.
Don’t hesitate to reach out if you have questions or need assistance. The McKinney Law Group is committed to providing the support and guidance you need during this challenging time, and can help you endure divorce in as civilized a matter as possible. Contact us today to schedule a free consultation and take the first step towards resolving your contested divorce issues effectively.