Any legal issue can be stressful, but divorce can be especially challenging. Even under the best circumstances, divorce can be an emotional and painful experience. The decisions you make may potentially change the life of you and your loved ones – forever. This can be particularly true when children are involved.
A divorce can be “uncontested” or “contested.” An uncontested divorce consists of a mutual agreement between both parties regarding the details of splitting their items between them. These items include their assets, debts, real property, time-sharing with the children, child support, etc. A contested divorce involves parties that cannot agree and essentially ask the Court to decide how to address specific items. Some of these items include dividing their assets/liabilities and determining issues related to any children involved.
Initially, a contested divorce is an “adversarial” type of proceeding in which the parties are legally terminating their marital relationship. When the Court becomes involved with the termination of a marital relationship, all assets/debts of the party are reviewed by the Court and parties. Assets include separate, gifted, inherited, pre-marital, and marital assets as well as debts. The Court will divide and assign marital assets and debts to the parties. In addition, marital termination comprises issues relating to any minor children of the parties involved. Such issues involving the children include the future residence(s), the parents’ involvement in decision-making, support, medical insurance, and the use of dependency exemptions. Marital termination may also involve issues concerning the support of the former Husband or Wife.
After the filing of a divorce, the parties may “settle” the pending issues. Settling enables both parties to avoid the time/expense invested in having the Court “decide” or make orders regarding those issues. If the parties settle, an agreement to which both parties agree will be drawn up and signed by the parties and their attorneys. A final hearing before the Court will approve the agreement and divorce the parties.
I understand that you have a lot at stake. I do not waste your time with false promises or false hope. My goal is to provide honest advice, ethical service, and practical, realistic legal counsel to help you make informed decisions for your future.
If you are contemplating a divorce or are in need of legal counsel for another family law issue, I stand ready to assist you. Call my office at (321) 728-2311 or contact me online to schedule a free initial consultation. I look forward to meeting you.