Panama Contested Divorce Lawyer

Protecting Your Rights & Best Interests in a Contested Divorce in Florida

In a perfect world, when a couple decides that they want to get a divorce, they would both agree unanimously on the details of that decision, eliminating the need to go to court. In reality, the divorce process is rarely completely uncontested (after all, there is a reason the couple is divorcing), and often, what couples thought would be simple turns into months of heated arguments. This is known as a contested divorce and will almost always require assistance from an experienced divorce attorney to arrive at a successful outcome.

If you are currently enduring an arduous divorce, you need to seek legal assistance from an experienced divorce attorney. When you bring on The Virga Law Firm, P.A., our Panama City contested divorce attorneys will work with you, understand the uniqueness of your situation, and help you get through this trying time. Our firm is always open to you.

Call us at (800) 822-5170 to get started with an initial case evaluation with our contested divorce attorney in Panama City.

What is a Contested Divorce?

A contested divorce refers to a situation in which the spouses cannot reach an agreement on one or more key issues related to their divorce, which may lead to a lengthy and often adversarial legal process. 

Here are some of the most frequently contested subjects:

• Child support
• Child custody
• Visitation hours
• Spousal support
• Division of property

Contested divorces tend to be more time-consuming, emotionally draining, and expensive compared to uncontested divorces, where the spouses agree on all terms and can often finalize the divorce with minimal court involvement.

The Contested Divorce Process in Florida

In Florida, the process of a contested divorce follows specific legal procedures. Here's an overview of the steps involved:

• Filing a Petition for Dissolution of Marriage: One spouse (the petitioner) initiates the divorce process by filing a petition with the circuit court in the county where either spouse resides. The petition outlines the grounds for divorce and requests relief, such as the division of assets, child custody, and support.
• Service of Process: After filing the petition, the petitioner must serve the other spouse (the respondent) with copies of the petition and other related documents. This ensures that the respondent is aware of the divorce proceedings.
• Response: The respondent has a limited time to file a response to the petition, typically within 20 days of being served. In the response, the respondent may agree or disagree with the issues raised in the petition and may also file counterclaims.
• Discovery: Both parties engage in the discovery process, during which they exchange relevant information and documents related to the divorce, such as financial records, property deeds, and evidence relevant to child custody or support.
• Mediation: In Florida, mediation is often required in contested divorce cases before the court will schedule a trial. A neutral third party (the mediator) helps the spouses negotiate and attempt to reach agreements on issues such as property division, alimony, and child custody. If agreements are reached during mediation, they can be included in a settlement agreement.
• Pre-Trial Hearings and Motions: The court may hold pre-trial hearings to address procedural issues, resolve disputes, or consider motions filed by either party. Motions may request temporary orders for child support, alimony, or other matters until the divorce is finalized.
• Trial: If the parties are unable to resolve their differences through mediation or negotiation, the case will proceed to trial. During the trial, both parties present evidence, witness testimony, and arguments to the judge, who will make decisions on contested issues based on Florida law and the evidence presented.
• Final Judgment: After the trial concludes, the judge issues a final judgment of dissolution of marriage, which outlines the terms of the divorce, including property division, alimony, child custody, and support. The final judgment legally terminates the marriage.
• Appeals (if applicable): Either party may have the option to appeal the final judgment if they believe legal errors were made during the trial process.

If a couple simply cannot come to an agreement on their own, then a judge will be required to make allotments based on the arguments presented in court. This can leave at least one of the parents at a disadvantage because someone who may not fully understand your situation will be making decisions that affect your entire family.

Again, since a judge is ultimately left to determine the outcome of the divorce case, it is imperative that you retain a firm that you can trust. This can drastically increase your chances of achieving your desired outcome.

Contested Divorce Requirements in Florida

Specific requirements must be met in Florida before a contested divorce can proceed. Understanding these steps is critical to navigating your case effectively:

• Residency Requirements: In order to file for divorce in Florida, at least one partner must have lived in the state for at least six months before filing. This residency requirement ensures that Florida courts have jurisdiction over your case.
• Grounds for Divorce: Florida is considered a no-fault divorce state, meaning you do not have to establish fault like adultery or abandonment to obtain a divorce. Instead, you need to demonstrate that the marriage is irretrievably broken or that one partner has been mentally incapacitated for at least three years.
• Filing a Petition for Dissolution of Marriage: The contested divorce process begins when one partner files a Petition for Dissolution of Marriage with the court. This document outlines the petitioner’s requests for issues like asset division, custody, and support.
• Response from the Other Spouse: The other spouse (the respondent) must file an answer within 20 days, addressing the claims in the petition and presenting their counterclaims or disagreements.
• Discovery Process: Both parties must disclose financial and other applicable information during the discovery phase. This transparency is critical for equitable division of assets, child support calculations, and other decisions.
• Mediation: Florida courts often require couples to attempt mediation before proceeding to trial. Mediation delivers an opportunity to resolve disputes in a collaborative environment with the assistance of a neutral third party.
• Trial: If mediation does not result in a resolution, the case proceeds to trial, where a judge will make decisions regarding contested issues. A strong legal advocate is essential during this phase to present evidence and arguments effectively.

How Our Contested Divorce Lawyer Can Help You

Contested divorce is an extremely taxing time, and can feel as though you are getting nowhere, even after months of negotiations. Our experience has shown us that even the most complex and sensitive situations can be resolved with an understanding and dedicated attorney. 

Here are several reasons why hiring a lawyer from our firm is essential for navigating a contested divorce:

• Legal Expertise: Our team of skilled attorneys has a deep understanding of Florida divorce laws, procedures, and courtroom protocols. We stay up-to-date with the latest legal developments and leverage our expertise to craft strong legal strategies tailored to your unique situation.
• Strategic Guidance: We will work closely with you to assess your goals and priorities, helping you understand your rights and options at every stage of the divorce process. With our strategic guidance, you can make informed decisions that align with your long-term interests.
• Negotiation Skills: In many contested divorces, negotiations play a pivotal role in reaching settlements on issues such as asset division, spousal support, and child custody. Our attorneys are skilled negotiators who can advocate for fair and favorable outcomes on your behalf while striving to minimize conflict and stress.
• Courtroom Advocacy: If your case proceeds to trial, having a strong advocate in the courtroom is essential. Our attorneys have extensive experience litigating contested divorce cases before Florida courts. We will present compelling arguments, cross-examine witnesses, and advocate vigorously for your rights before the judge.
• Emotional Support: Going through a contested divorce can be emotionally draining and overwhelming. Our compassionate legal team is here to provide the support and reassurance you need during this challenging time. We will listen to your concerns, offer practical advice, and guide you with empathy and understanding.
• Protecting Your Rights: In contested divorces, disputes can arise over various issues, including property division, child custody, and support. We are committed to protecting your legal rights and ensuring that your voice is heard throughout the legal proceedings. We will fight tirelessly to achieve the best possible outcome for you and your family.

If you are in need of legal assistance in the Panama City area, The Virga Law Firm, P.A. stands ready to help you. Our seasoned litigators fight tirelessly to help our clients achieve their goals and protect their families.

Recommended Reading:

• Contested vs. Uncontested Divorce: What’s the Difference?
• What to Expect in a Contested Divorce

Our Panama City contested divorce attorney is available to you 24/7. Reach out now and get the help you need.