Fleming Island Contested Divorce Attorneys

What is a Contested Divorce?

When a couple decides to divorce, they must resolve several issues before the court will grant the divorce. If the couple can agree on these issues, the divorce is considered uncontested. If the couple cannot agree on one or more issues, the divorce is considered contested.

Contested divorces are more complex and take longer to resolve than uncontested divorces. However, with the help of an experienced contested divorce attorney, you can navigate the process and work toward a favorable resolution.

At Owenby Law, P.A., we have been helping clients with contested divorces in Fleming Island and the surrounding area for the past two decades. We understand the challenges you are facing and are prepared to help you navigate the process from start to finish.

Contact us online or call (904) 770-3141 today to request a consultation.

What Are the Steps in a Contested Divorce?

Contested divorces are more complex than uncontested divorces and can take several months or longer to resolve. The specific steps in a contested divorce will depend on the unique circumstances of your case.

However, the following are some of the most common steps in a contested divorce:

1. Filing the petition: The first step in any divorce is to file a petition with the court. The petition must be filed in the county where you or your spouse lives. The petition must include information about you, your spouse, your children, and your marriage. It must also include the grounds for divorce and the relief you are seeking.
2. Serving the petition: After you file the petition, you must serve it on your spouse. This means that you must deliver a copy of the petition to your spouse in person. If you cannot locate your spouse, you may be able to serve the petition by publication.
3. Filing a response: After your spouse is served with the petition, they have 20 days to file a response. The response must admit or deny the allegations in the petition. If your spouse fails to file a response, the court may enter a default judgment in your favor.
4. Discovery: After the petition and response are filed, both parties will have the opportunity to gather evidence through a process called discovery. This may involve exchanging financial documents, answering written questions, and giving depositions.
5. Temporary orders: If you and your spouse cannot agree on how to handle certain issues while the divorce is pending, you can ask the court to issue temporary orders. Temporary orders can address issues such as child custody, child support, and spousal support.
6. Mediation: If you and your spouse cannot agree on how to resolve certain issues, the court may order you to attend mediation. During mediation, a neutral third party will help you and your spouse work toward a resolution. If you can reach an agreement, the mediator will draft a settlement agreement that you and your spouse can sign. If you are not able to reach an agreement, the case will proceed to trial.
7. Final hearing: If your case goes to trial, you and your spouse will have the opportunity to present evidence and make arguments. After the trial, the judge will issue a final judgment of divorce. The final judgment will include the court’s decision on all contested issues.

How to Prepare for a Contested Divorce

Divorce is a complex process, and contested divorces are even more complex. However, with the help of an experienced contested divorce attorney, you can navigate the process and work toward a favorable resolution.

Here are some tips to help you prepare for a contested divorce:

• Choose the right attorney: The outcome of your divorce will depend largely on the attorney you choose. You should look for an attorney who has experience handling contested divorces and who is familiar with the local court system. You should also look for an attorney who is a good communicator and who you feel comfortable working with.
• Get your finances in order: One of the most important issues in any divorce is the division of assets and debts. You should gather all of your financial documents, including bank statements, tax returns, and pay stubs. You should also make a list of all of your assets and debts.
• Consider your goals: Before you file for divorce, you should think about what you want to achieve. You should consider what is most important to you and what you are willing to compromise on. This will help you and your attorney develop a strategy for your case.
• Think about the children: If you have children, you should think about what is in their best interests. You should consider where they will live, where they will go to school, and how much time they will spend with each parent. You should also think about how you and your spouse will make decisions about your children’s upbringing.
• Consider mediation: If you and your spouse cannot agree on how to resolve certain issues, the court may order you to attend mediation. During mediation, a neutral third party will help you and your spouse work toward a resolution. Mediation can be a good way to resolve your case without going to trial.

At Owenby Law, P.A., we understand the complexities and emotional strain involved in a contested divorce. Our experienced team is dedicated to advocating for your rights, offering steadfast support, and navigating the legal intricacies on your behalf.

With a focus on equitable resolutions and personalized strategies, our Fleming Island contested divorce lawyers strive to alleviate the stress of the process while ensuring your best interests are protected. Trust us to provide compassionate guidance and expert representation as we work tirelessly to achieve a favorable outcome for you during this challenging time.

Contact us today at (904) 770-3141 to let us help you inside and outside the courtroom.

Orange Park Contested Divorce Attorneys

Aggressive Representation for Your Contested Divorce in Florida

Divorce is never easy. It can be even more complicated if you and your spouse are not in agreement about how to end your marriage. At Owenby Law, P.A., we understand that many people face significant financial, parenting, and property concerns when they decide to divorce. These issues can be even more complicated if they are not resolved in a way that makes you feel comfortable with your final settlement.

Our team is here to help you through this process and to ensure that you are protected and have the best possible outcome for your situation. We offer compassionate and personalized legal representation to all of our clients.

Call (904) 770-3141 or contact us online today to schedule a consultation to learn how we can help you.

What is a Contested Divorce?

In Florida, a contested divorce is a type of divorce where the spouses cannot agree on one or more key issues related to the dissolution of their marriage.

These key issues typically include:

• Division of Property and Assets: This involves deciding how to divide the marital property and assets, such as homes, vehicles, bank accounts, and personal belongings. Florida follows an equitable distribution system, which means that property and assets should be divided fairly but not necessarily equally.
• Alimony (Spousal Support): Determining whether one spouse should pay alimony to the other and, if so, the amount and duration of the payments. This is often influenced by factors such as the length of the marriage, each spouse's financial situation, and their contributions to the marriage.
• Child Custody and Visitation: If the divorcing couple has children, they must work out a parenting plan that includes child custody (timesharing) and visitation (parental responsibility). The best interests of the child are considered in making these determinations.
• Child Support: Deciding on the amount of child support that one parent will pay to the other for the financial support of the children. Child support in Florida is typically calculated based on state guidelines that take into account the parents' incomes and the children's needs.

In contrast to an uncontested divorce, where both parties agree on these matters, a contested divorce involves legal proceedings and negotiations to resolve these conflicts.

The Process of a Contested Divorce in Florida

In a contested divorce, the spouses are unable to reach an agreement on one or more of these issues, which can lead to a more complex and time-consuming legal process.

Here's what typically happens in a contested divorce in Florida:

1. Filing a Petition: One spouse initiates the divorce process by filing a Petition for Dissolution of Marriage with the court. This legal document outlines the grounds for divorce and the specific issues in dispute.
2. Response: The other spouse must respond to the petition within a specified time frame, typically 20 days, by filing an Answer. This document can include their counterclaims and positions on the contested issues.
3. Discovery: Both parties exchange information and documents related to the contested issues, which can involve financial records, witness statements, and other evidence.
4. Mediation: In many Florida divorce cases, the court may require mediation to help the parties reach a settlement on contested issues. Mediation involves a neutral third party (the mediator) who helps facilitate negotiations between the spouses.
5. Court Proceedings: If mediation is unsuccessful, the case may proceed to court, where a judge will make decisions on the contested issues. This can involve presenting evidence and witnesses to support each party's arguments.
6. Final Judgment: Once the court makes decisions on the contested issues, it issues a final judgment of divorce, which outlines the terms of the divorce, including property division, alimony, child custody, and child support.

Contested divorces can be emotionally and financially draining, so it's often recommended to seek legal counsel to navigate the process effectively. It's also worth noting that the specific procedures and requirements for a contested divorce in Florida may vary depending on the circumstances and the local court rules, so consulting with an attorney is essential to ensure you comply with all legal requirements.

Why Choose Our Firm?

A contested divorce can be a challenging and emotionally draining experience, but with the right legal representation, you can navigate this difficult process more effectively. If you are facing a contested divorce in Orange Park, FL, the attorneys at Owenby Law, P.A. are here to provide you with the guidance and support you need. We are dedicated to advocating for your rights and working toward the best possible resolution for your case.

Here are some reasons why legal representation is crucial in contested divorces:

• Legal Expertise: Our attorneys are well-versed in Florida divorce laws and can help you understand your rights and responsibilities. They will ensure that your interests are protected throughout the legal process.
• Objective Advice: Emotions can run high during contested divorces. Having a lawyer by your side provides a level of objectivity and helps you make informed decisions based on your best interests.
• Negotiation Skills: Negotiating the terms of a divorce can be complex. Our attorneys have the negotiation skills to work towards a favorable settlement, saving you time, money, and stress.
• Courtroom Experience: If an agreement cannot be reached through negotiation, your case may go to trial. Our attorneys have extensive courtroom experience and can effectively represent your interests before a judge.

For a consultation with an experienced contested divorce attorney in Orange Park, call Owenby Law, P.A. at (904) 770-3141.

Jacksonville Contested Divorce Lawyers

Prioritizing Your Best Interests in Contested Divorce Cases

When a divorcing couple cannot reach an agreement on at least one aspect of their divorce, it will technically be considered a contested divorce. As it is normal for divorcees to have some serious disagreements and unaligned perspectives, which may be the reason for the divorce in the first place, a contested divorce is often the norm. However, it is important to realize that contested divorces do not need to be heated legal battles that leave you winded and frustrated.

With the legal counsel of Owenby Law, P.A. and our Jacksonville contested divorce lawyers by your side, you can be confident that your contested divorce will go smoothly. We always proceed with casework in a way that prioritizes your best interests and comfort. Using genuine compassion backed by powerful legal insight, we can help steer your contested divorce towards an amicable solution, or at least an outcome with as few delays as possible.

People choose to work with Owenby Law, P.A. because we have:

• 125+ years of combined legal experience
• Successfully handled thousands of client cases
• Client-centered approach
• Multiple offices throughout Florida for your convenience

Get started on your contested divorce with a free initial consultation for up to 30 minutes with our team.

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.

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

Contested Divorce Lawyer in St. Augustine

What You Need to Know About Contested Divorce in Florida

A divorce is considered “contested” when the two parties cannot agree upon one or more of the stipulations, such as child support, child custody, or spousal support.

This kind of divorce can take much longer to finalize than an uncontested divorce and often involves more back and forth between the divorcing parties and their respective attorneys. In a contested divorce, a judge decides what the outcome will be, instead of settling out of court.

What Can I Expect in a Contested Divorce?

The steps involved in a contested divorce may include:

• Prepare and serve the divorce petition (legal paperwork) to the other party. This petition is typically delivered by a private processor or a sheriff and requires a response within 20 days.
• Respond to the petition (this applies to the person who received the served petition). A response is required, and in most cases of contested divorce, happens rather quickly.
• Hire an attorney. This is a very important step that will determine the support and legal advice you receive during the divorce process. Your attorney will be with you every step of the way to ensure you get the outcome you deserve.
• Meet with your attorney to gather all important information so your attorney is thoroughly prepared. This sometimes involves interviewing witnesses, taking depositions and answering extensive questioning about all aspects of the marriage.
• Pre-trial motions and hearings involve resolution of issues that cannot wait until the divorce is final, such as child custody and child support.
• Negotiations and settlement proposals take place between the two parties with their attorney present, or with the attorneys alone. This will sometimes resolve issues before a judge gets involved. In the event of disagreements at this point, preparation for a trial begins.
• Court trial ensues when the parties cannot agree during negotiations and need a judge to decide upon specifics of the divorce. It is rare that a divorce reaches this point, as many parties come to an agreement during negotiations.

Facing a Contested Divorce in St. Augustine? You are Not Alone.

If you are facing a divorce in which you think there may be disagreements about assets, child custody or monetary support, you want to have a trusted divorce lawyer on your side. Resolution of existing shared legal and monetary issues can be emotionally and mentally exhausting. Let us take some of the stress off your shoulders.