Jacksonville Contested Divorce Lawyers

What You Should Know About Contested Divorces

A contested divorce begins when two divorcees cannot or will not see eye-to-eye on one issue, but there is nothing that guarantees more issues will not become contested. In many cases, topics of concern that had once been resolved will become undone or up for review again. Be sure you work with a divorce attorney you can trust so you are well prepared for the road ahead and any of its potential legal challenges.

Some of the most common topics of debate in a contested divorce are:

• Child custody
• Child support
• Property division
• Spousal support

While any divorce can become contested, it is all the more likely to occur for high net worth divorces, such as a divorcing couple that shared a small business together. If you have potentially much to lose in a contested divorce, act quickly in retaining reliable family law representation.

FAQs About Contested Divorce in Jacksonville

How long does a contested divorce typically take in Jacksonville, FL?

The duration of a contested divorce can vary significantly depending on the complexity of the case and the level of conflict between the parties. On average, a contested divorce may take several months to over a year. The process includes filing the initial petition, serving the spouse, conducting discovery, attending mediation, and possibly going to trial if no agreement is reached. This timeline can be extended if there are issues with custody, high-value assets, or a high level of contention between the spouses.

What is the role of mediation in a contested divorce?

Mediation is often required in Florida contested divorce cases, including in Jacksonville, as an effort to resolve disputes outside of court. In mediation, both parties work with a neutral mediator to try to reach agreements on contentious issues like custody, property division, and alimony. This process allows couples to communicate and compromise with the goal of avoiding a trial. Mediation is generally less stressful and costly than going to court, and it provides an opportunity for both spouses to have more control over the outcomes.

What are the costs associated with a contested divorce?

Contested divorces in Jacksonville are generally more expensive than uncontested divorces due to legal fees, court costs, and other expenses associated with a prolonged process. Attorney fees can vary but typically represent the highest cost, particularly if the divorce goes to trial. Other costs may include mediation fees, expert witness fees (for example, if a financial expert is needed), and expenses related to discovery (gathering evidence). The overall cost can range from a few thousand dollars to significantly more, depending on the complexity of the case.

What should I expect if my contested divorce goes to trial?

If your contested divorce goes to trial, expect a formal court process where both parties present evidence and arguments before a judge, who will make the final decisions on unresolved issues like custody, support, and asset division. In Jacksonville, the trial phase includes preparation, examination of witnesses, and submission of documents, which can be time-consuming and emotionally taxing. The judge’s decisions are legally binding, and their judgment may not align with either spouse’s exact wishes, as the court’s priority is an equitable resolution.

Do I need a lawyer for a contested divorce?

While it’s not legally required, hiring a lawyer for a contested divorce is highly advisable. The legal process is complex, and a lawyer can help protect your rights, navigate court procedures, and negotiate on your behalf. Our team at Owenby Law, P.A. can provide valuable guidance on local laws and court expectations, ensuring that your interests are properly represented. Attempting to handle a contested divorce alone can be overwhelming and may result in less favorable outcomes.

Call (904) 770-3141 to connect with our Jacksonville contested divorce attorneys at your first opportunity.