Contested Divorce Lawyer in St. Augustine

What You Need to Know About Contested Divorce in Florida

A divorce is considered “contested” when the two parties cannot agree upon one or more of the stipulations, such as child support, child custody, or spousal support.

This kind of divorce can take much longer to finalize than an uncontested divorce and often involves more back and forth between the divorcing parties and their respective attorneys. In a contested divorce, a judge decides what the outcome will be, instead of settling out of court.

What Can I Expect in a Contested Divorce?

The steps involved in a contested divorce may include:

• Prepare and serve the divorce petition (legal paperwork) to the other party. This petition is typically delivered by a private processor or a sheriff and requires a response within 20 days.
• Respond to the petition (this applies to the person who received the served petition). A response is required, and in most cases of contested divorce, happens rather quickly.
• Hire an attorney. This is a very important step that will determine the support and legal advice you receive during the divorce process. Your attorney will be with you every step of the way to ensure you get the outcome you deserve.
• Meet with your attorney to gather all important information so your attorney is thoroughly prepared. This sometimes involves interviewing witnesses, taking depositions and answering extensive questioning about all aspects of the marriage.
• Pre-trial motions and hearings involve resolution of issues that cannot wait until the divorce is final, such as child custody and child support.
• Negotiations and settlement proposals take place between the two parties with their attorney present, or with the attorneys alone. This will sometimes resolve issues before a judge gets involved. In the event of disagreements at this point, preparation for a trial begins.
• Court trial ensues when the parties cannot agree during negotiations and need a judge to decide upon specifics of the divorce. It is rare that a divorce reaches this point, as many parties come to an agreement during negotiations.

Facing a Contested Divorce in St. Augustine? You are Not Alone.

If you are facing a divorce in which you think there may be disagreements about assets, child custody or monetary support, you want to have a trusted divorce lawyer on your side. Resolution of existing shared legal and monetary issues can be emotionally and mentally exhausting. Let us take some of the stress off your shoulders.