Fort Lauderdale Contested Divorce Lawyers

When a married couple decides to get divorced, both husband and wife must agree on a variety of issues including child custody and visitation, property and debt division, alimony and child support.  While many couples particularly those represented by attorneys are able to reach a negotiated divorce settlement on all of these issues, sometimes the resolution to these issues requires litigation.  A divorce in Florida is officially designated as a “dissolution of marriage.”

When couples cannot come to terms on a divorce settlement, they must engage in litigation to resolve any unsettled divorce issues as part of a contested divorce.  If you and your spouse are headed toward divorce, contact the Fort Lauderdale contested divorce lawyers of Eric N. Klein & Associates, P.A. at 954-580-8080 to discuss your situation.

How Contested Divorce Works

In many cases, spouses are advised to reach divorce settlements before actually filing for divorce. This process is usually more efficient and less expensive.  It also ensures that while the resolution reached may not be completely satisfying to either spouse, it is more likely to be acceptable to both than a court determination.  There are certain types of issues that make it more likely that a contested divorce will be necessary including the following:

• Both parents want primary physical custody
• There are marital assets that are hard to value because of their intangible nature
• Division of interested in a family business
• Issues of permanent alimony in a long-term marriage
• Issues of domestic violence or substance abuse complicate child custody arrangements
• Marital estates with high net value
• Division of assets with both separate and marital property interests, such as homes or retirement plans that were acquired before the marriage but received contributions during marriage.

Florida courts will typically require that spouses try to resolve these issues.  If there are minor or dependent children of the marriage, the court will require that the parents try to resolve custody and visitation issues in mediation.  The parties to a divorce will typically continue trying to resolve the issues in the divorce pending a trial.  A divorce trial is much like any other court trial in that it is a formal courtroom proceeding governed by procedural and evidentiary rules.  The basic stages through which a contested divorce moves include the following:

Filing Complaint for Divorce: At least one of the parties to a divorce must have resided in the state for at least six month before a divorce may be initiated in Florida.  The divorce will typically be filed in the circuit court where one of the parties resides.  However, jurisdiction can be very complicated so you should contact a qualified Florida family law attorney who can advise you regarding this issue.  Because Florida is a “no fault” divorce state, the grounds for divorce typically will be that the divorce is “irretrievably broken.”  Fault is not generally considered though it can factor into division of marital assets, spousal support and child custody or visitation orders where appropriate.

Serving Your Spouse: Once you have filed for divorce, your spouse must be served with the divorce paperwork.  This both provides notice to your spouse and establishes personal jurisdiction of the court over your spouse.

Spouse Files an Answer: From the time your spouse is serve, your spouse will have 31 days to file a response (“Answer”).  The response will typically indicate in broad terms how your spouse thinks the pending issues should be resolved.

Discovery: This is a stage of the divorce that can be critical in determining the outcome.  It is chance to obtain answers to written questions, force the other party to produce documents and even conduct the deposition of the other spouse under oath.  The discovery process can be critical when there are disputes regarding permanent alimony, complex asset or debt division, intangible or hidden assets and business ownership disputes.

Special Consideration: The divorce process in Florida is complex so this brief overview leaves out many nuances.  For example, you and your spouse will have to develop a parenting plan.  If the court has to develop the parenting plan, it may order a parenting plan recommendation be prepared by a court-appointed mental health practitioner or other professional.  There will also likely be interim settlement conferences to try to resolve support, property division and custody issues prior to trial. 

Trial: Any issues not resolved prior to trial will be determined by the judge following trial.  The trial will be conducted according to rules of applicable rules of procedure and evidence.  This trial will involve the formal introduction of evidence, examining and cross-examining witnesses and other formal litigation procedures.  It is virtually essential to have an experienced family law attorney if you are facing a family law trial in your divorce.

The experienced Fort Lauderdale divorce attorneys of Eric N. Klein & Associates, P.A. have handled many divorce trials regarding a multitude of divorce issues.  Even if you are involved in a contested divorce, our dedicated family law team will work to resolve as many issues as possible to reduce the number of issues that must be decided at trial.  A marital settlement agreement that is only partially satisfying typically is better than a judge’s ruling that both sides may find unacceptable.  At any Fort Lauderdale family law trial, we will use zealous advocacy and carefully researched positions on the facts and law supported by diligent discovery to seek the best possible outcome for our clients.

Contact Us

A contested divorce will lead to significant and far-reaching decisions that will affect your life and that of the lives of your children so it is important to have an experienced lawyer on your side. Our experienced and dedicated family law attorneys provide legal representation in Fort Lauderdale and throughout Broward County as well as Coconut Creek, Coral Springs, Davie, Deerfield Beach, Hollywood, Lauderdale, Margate, Miramar, North Lauderdale, Oakland Park, Pembroke Pines, Plantation, Pompano Beach, Sunrise, Weston and all surrounding areas including smaller incorporated and unincorporated areas.  We will analyze your situation so that we can provide the legal advice and guidance you need to make your divorce a start to a positive new beginning, please contact us today by calling 954-580-8080.