Contested Divorce Lawyer
As your Contested divorce lawyer, I work with my clients to focus on the client’s priorities – your concerns, relationships, children, assets and financial priorities. I will guide you through every step of this process. I will advise you about the law, and I will implement strategies to achieve the outcomes to your goals.
- Drafting and/or Responding to all legal pleadings;
- Immediately address temporary issues including, child support and alimony;
- Gather financial information from your spouse;
- Collect all favorable information relating to your divorce;
- Prepare and quickly work towards the best possible resolution.
Contested Divorce under Florida Law
Contested divorce is controlled by Florida Statute 61.
Equitable Distribution
Equitable Distribution in Florida is the division of a divorcing couple’s marital assets and liabilities. Typically, things such as real and personal property, vehicles, retirement accounts, businesses, and stocks and bonds are divided equally between the parties so long as they are a result of the marriage.
Alimony
If you are divorcing and you have minor children, a parenting plan, which will include a time-sharing arrangement will be included in your divorce. These are the documents that will determine each parent’s rights and responsibilities to the children and where the children will sleep every night, or time sharing. Once the time sharing is determined then child support will be calculated based on each parties net incomes and the percentages of overnight visits each parent has with the children each year.
The Contested Divorce Process and What to Expect Next
- The Petition for Dissolution of Marriage is filed & a Summons is issued by the clerk of court.
- The Petition is Served on the Respondent by a process server or sheriff’s deputy. The Respondent has 20 days to respond in writing to the summons.
- The exchange of discovery, or mandatory disclosure is completed by both the Petitioner and Respondent.
- Mediation is coordinated & set.
- If a resolution at mediation cannot be met then the parties may move forward to trial or they may choose to mediate the case again.
- If the parties choose to move towards trial, then deposition will be set, additional discovery may be requested, and a notice for trial is filed with the court.
- Pretrial conference is set an the Judge will give the lawyers a trial date and time.
These are the very basic steps in getting your case to trial there may be additional steps taken as every divorce case is unique and requires individualized attention. Please call me with any questions or concerns.