Fleming Island Contested Divorce Attorneys

What is a Contested Divorce?

When a couple decides to divorce, they must resolve several issues before the court will grant the divorce. If the couple can agree on these issues, the divorce is considered uncontested. If the couple cannot agree on one or more issues, the divorce is considered contested.

Contested divorces are more complex and take longer to resolve than uncontested divorces. However, with the help of an experienced contested divorce attorney, you can navigate the process and work toward a favorable resolution.

At Owenby Law, P.A., we have been helping clients with contested divorces in Fleming Island and the surrounding area for the past two decades. We understand the challenges you are facing and are prepared to help you navigate the process from start to finish.

Contact us online or call (904) 479-2391 today to request a consultation.

What Are the Steps in a Contested Divorce?

Contested divorces are more complex than uncontested divorces and can take several months or longer to resolve. The specific steps in a contested divorce will depend on the unique circumstances of your case.

However, the following are some of the most common steps in a contested divorce:

1. Filing the petition: The first step in any divorce is to file a petition with the court. The petition must be filed in the county where you or your spouse lives. The petition must include information about you, your spouse, your children, and your marriage. It must also include the grounds for divorce and the relief you are seeking.
2. Serving the petition: After you file the petition, you must serve it on your spouse. This means that you must deliver a copy of the petition to your spouse in person. If you cannot locate your spouse, you may be able to serve the petition by publication.
3. Filing a response: After your spouse is served with the petition, they have 20 days to file a response. The response must admit or deny the allegations in the petition. If your spouse fails to file a response, the court may enter a default judgment in your favor.
4. Discovery: After the petition and response are filed, both parties will have the opportunity to gather evidence through a process called discovery. This may involve exchanging financial documents, answering written questions, and giving depositions.
5. Temporary orders: If you and your spouse cannot agree on how to handle certain issues while the divorce is pending, you can ask the court to issue temporary orders. Temporary orders can address issues such as child custody, child support, and spousal support.
6. Mediation: If you and your spouse cannot agree on how to resolve certain issues, the court may order you to attend mediation. During mediation, a neutral third party will help you and your spouse work toward a resolution. If you can reach an agreement, the mediator will draft a settlement agreement that you and your spouse can sign. If you are not able to reach an agreement, the case will proceed to trial.
7. Final hearing: If your case goes to trial, you and your spouse will have the opportunity to present evidence and make arguments. After the trial, the judge will issue a final judgment of divorce. The final judgment will include the court’s decision on all contested issues.

How to Prepare for a Contested Divorce

Divorce is a complex process, and contested divorces are even more complex. However, with the help of an experienced contested divorce attorney, you can navigate the process and work toward a favorable resolution.

Here are some tips to help you prepare for a contested divorce:

• Choose the right attorney: The outcome of your divorce will depend largely on the attorney you choose. You should look for an attorney who has experience handling contested divorces and who is familiar with the local court system. You should also look for an attorney who is a good communicator and who you feel comfortable working with.
• Get your finances in order: One of the most important issues in any divorce is the division of assets and debts. You should gather all of your financial documents, including bank statements, tax returns, and pay stubs. You should also make a list of all of your assets and debts.
• Consider your goals: Before you file for divorce, you should think about what you want to achieve. You should consider what is most important to you and what you are willing to compromise on. This will help you and your attorney develop a strategy for your case.
• Think about the children: If you have children, you should think about what is in their best interests. You should consider where they will live, where they will go to school, and how much time they will spend with each parent. You should also think about how you and your spouse will make decisions about your children’s upbringing.
• Consider mediation: If you and your spouse cannot agree on how to resolve certain issues, the court may order you to attend mediation. During mediation, a neutral third party will help you and your spouse work toward a resolution. Mediation can be a good way to resolve your case without going to trial.

At Owenby Law, P.A., we understand the complexities and emotional strain involved in a contested divorce. Our experienced team is dedicated to advocating for your rights, offering steadfast support, and navigating the legal intricacies on your behalf.

With a focus on equitable resolutions and personalized strategies, our Fleming Island contested divorce lawyers strive to alleviate the stress of the process while ensuring your best interests are protected. Trust us to provide compassionate guidance and expert representation as we work tirelessly to achieve a favorable outcome for you during this challenging time.

Contact us today at (904) 479-2391 to let us help you inside and outside the courtroom.