Divorce is a challenging and emotionally charged process, and when it’s contested, it can become even more complex. If you are facing a contested divorce in Florida, it’s crucial to understand what to expect and how to navigate the legal system effectively.
In this quick guide, we will walk you through some key aspects of a contested divorce in the Sunshine State, from the importance of hiring an attorney to the possibility of mediation and the final hearing.
What to Expect During Your Contested Divorce in Florida
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You Will Need an Attorney
One of the first and most crucial steps in a contested divorce is finding the right Florida divorce attorney to represent your interests. Not all divorce lawyers are the same, and the attorney who worked for a friend may not necessarily be the right fit for you. It’s imperative to conduct thorough research to find a skilled divorce attorney who can guide you through the complexities of the legal system.
A knowledgeable divorce attorney can provide you with invaluable advice, help you understand your rights, and advocate for your interests. They will also assist you in making informed decisions regarding child custody, asset division, spousal support, and more. Working closely with an experienced attorney can significantly impact the outcome of your contested divorce.
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You Need to Comply with the Standing Pretrial Order and Mandatory Disclosure
Once your divorce case is initiated, the judge assigned to your case will issue a Standing Pretrial Order, also known as a “status quo order.” This order outlines how both parties must conduct themselves throughout the divorce proceedings. It prevents the dissipation or transfer of assets and requires both parties to maintain the status quo during the legal process.
If you have minor children, the order will also specify that the parties must engage in 50/50 timesharing, unless they reach a different agreement. Furthermore, Florida courts require mandatory disclosure, which involves both parties exchanging detailed financial information, including a Financial Affidavit, expenses, assets, and debts. You’ll have 45 days from the date of service of the Petition to provide the necessary disclosures.
Compliance with these orders is essential for a smooth and fair divorce process. Failure to do so can have significant consequences.
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Discovery Can Feel Invasive, But You Need to Cooperate
Apart from the mandatory disclosure, you may find yourself obligated to engage in the discovery process, which is pivotal in gathering essential information to bolster your case. This multifaceted procedure encompasses several elements, such as posing written inquiries (interrogatories), soliciting document production, seeking admissions, issuing third-party subpoenas for documents, and conducting depositions. Discovery can unfold at various junctures in the legal proceedings, underscoring the importance of cooperative engagement to prevent complications and delays.
Although the notion of undergoing discovery may appear intrusive, it stands as a fundamental pillar in constructing a robust legal strategy. Your attorney will serve as your steadfast guide during this phase, assisting you in formulating responses to requests and safeguarding your legal rights.
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Mediation Can Save Both Parties Time and Money
Mediation presents an opportunity to resolve your divorce case outside of court, potentially saving you time, money, and emotional stress. It is an informal and confidential settlement conference facilitated by a neutral third party, a mediator.
Most Florida courts will require parties to attend mediation before scheduling a final hearing or trial. During mediation, both parties and their divorce attorneys work towards reaching an agreement that satisfies both sides. If an agreement is reached, a mediation settlement agreement is signed, filed with the court, and a Final Judgment of Dissolution of Marriage is issued. This marks the official end of the divorce proceedings.
Mediation is often a preferred option as it allows you to have a say in the outcome rather than leaving it solely in the hands of a judge.
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If Your Case Goes to a Final Hearing, Work Closely with Your Attorney During Trial Preparation
If mediation does not result in an agreement, your case may proceed to a final hearing, commonly referred to as a trial. During the trial, a judge, rather than a jury, will hear all the evidence and testimony related to your divorce case. The judge has significant discretion in making decisions regarding child custody, asset division, alimony, and other crucial matters.
Preparing for a trial is a comprehensive process that requires close collaboration with your attorney. It’s your single opportunity to present your case, share your perspective, and seek the desired outcome. Your attorney will help you gather evidence, select witnesses, and ensure that your arguments are compelling and persuasive.
Need Guidance? Let Us Help You Through Your Contested Divorce.
Facing a contested divorce in Florida can be emotionally taxing and legally complex. It’s essential to have a knowledgeable and compassionate attorney by your side to navigate this challenging journey. At Farber Law, we are here to assist you throughout the entire process. Contact us at (305) 520-9205 for expert guidance and representation in Aventura and beyond.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated on divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.