Sometimes in divorces, one party will contest the divorce; at this juncture it is essential that you have a divorce attorney in Jacksonville FL fighting for you. When one party refuses to divorce, they may also be averse to moving out of the residence; if this is the case, you may need to file a petition with the Court to get the party ordered from the house. Contested divorces are challenging and present many legal as well as emotional challenges. Consult with an attorney immediately if you are in the middle of a contested divorce in Florida.
No-Fault Divorce State
In Florida, fault is not considered in divorce or dissolution of marriage cases. Fault, while not considered in divorce can be considered in awards of assets, liabilities, alimony and child custody. Either party in the marriage is legally entitled to file for a divorce in Florida with the caveat that the marriage is “irretrievably broken”. Neither party in a divorce must prove fault such as adultery. However, adultery can be considered for determination of alimony if it is proven that the adulterous party “wasted marital assets” on trips, gifts, dinners, or other expenses.
Essentially a contested divorce is where one party or either party does not agree to the terms of a divorce. This can include division of assets, child custody, visitation, business valuation, and alimony. Contested divorces in Florida can last for months or even years, if this is your situation, it is vital that you have an experience divorce attorney in Jacksonville FL advocating on your behalf. In a contested divorce, the Court may require the parties into religious or secular counseling or may require a delay in the divorce to allow parties time to explore reconciliation.
In an uncontested divorce in Florida, both spouses agree on the divorce and come together to work out a settlement agreement that includes spousal support, child custody, division of assets and liabilities, and other issues prior to seeking family court intervention. Some individuals believe that in an uncontested divorce in Florida that legal counsel is not needed; this is not true. To ensure that the settlement agreement and all other issues are legally binding as well as equitable, it is essential you have a divorce attorney in Jacksonville FL by your side.
Whether contested or uncontested, divorces are emotionally draining. Experienced legal counsel can ensure that settlement agreements are equitable and that both parties find resolution through legal court proceedings, if required. When a child or children are involved, the complexity of the laws compounds; it is essential that you have an experienced divorce attorney in Jacksonville FL fighting for you and your children’s best interest.
In Florida, both uncontested and contested divorce cases benefit from legal counsel. A divorce attorney in Jacksonville FL can help you navigate through the settlement agreement, court hearings, division of assets, child custody, and spousal support payments.