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 change your life — and the lives of the people you love most — forever. This can be particularly true when children are involved.
A divorce can be “uncontested” or “contested.” An uncontested divorce is one in which both parties have worked out the details of how they would like to split their assets, debts, real property, time sharing with the children, child support, etc. A contested divorce is one in which the parties are unable to agree and essentially ask the Court to decide how to divide their assets/liabilities and determine issues related to any children involved.
A contested divorce is, at least initially, an “adversarial” type of proceeding in which the parties are legally terminating their marital relationship. When a Court assists parties in the termination of their marital relationship the Court and parties will review and value all of the assets and debts of the parties, including 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. Marital termination also will involve issues relating to any minor children of the parties issues such as the future residence(s) of the children, the parents’ involvement in decision making for the children, support for the children, medical insurance for the children, and the use of dependency exemptions. Marital termination may also involve issues concerning support of the former Husband or Wife.
At any time after the filing of a divorce the parties may “settle” the pending issues and thus avoid the expense and time 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. It is always my goal to provide honest advice, ethical service and practical, realistic legal counsel so you can make informed decisions best suited 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 speaking with you.