Miami Divorce Attorney
Divorce is a deeply personal and painful experience for anyone. If you are thinking about, or going through a divorce, there are little things you can do to make the process smoother for your children and yourself. Retaining proper legal counsel and a quality advocate is the first step you should take. Contact our officers for a free no obligation consultation to discuss your legal options.
Contested v. Uncontested Divorce
A contested divorce is the more complex of the two. In a contested divorce, sometimes called a litigated divorce, the two spouses are engaged in a lawsuit in which they are subject to disclosure of their finances, taxes and debts, mediation, depositions and ultimately a trial. A judge will ultimately decide the issues child custody, child support and property division if the parties do not reach a resolution.
An uncontested divorce is when the parties are in agreement on all the major issues: child custody, child support and property division. This is obviously much easier and cheaper to attain. It is simply a matter of working with the clients to ensure that they are legally protected in the future and that the plan submitted works best for their children and themselves.
Frequent issues that come up in divorces.
The most common issues that come up in a divorce are child custody, child support and property division. These three issues are the ones that provide the most contention and are the hardest to resolve. There’s a misconception that the law favors the mother over the father in child custody, child support and property division issues. That is not true. The law makes no such distinction. Both the mother and the father are on equal footing when it comes to child custody, child support and property division.
In Florida, both parties are treated equally when it comes to child custody, access to the child(ren) and overnight timesharing with the child(ren). Courts are reluctant to award full custody to any parent unless there is evidence that the other parent is unfit or incapable of caring for the child(ren) because of their work schedule, lack of stable residence or the location of their residence.
Child support is often a source of contention is divorce cases. One party in a marriage usually earns significantly more income than the other party. When going through a divorce, there is an inclination on the spouse earning more income to make threats of not paying child support or only paying what they want to pay. When couples divorce, child support becomes a major issue because the loss of income created by the divorce usually puts one, if not both, parties in a worse financial position than they were in before. It’s important to remember that proper preparation and aggressive litigation is the only way to insure that child support payments are just and equitable. Regardless of what your soon to be former spouse threatens, child support is statutory and mandatory. Our lawyers will make sure you get a fair child support award.
The other main issue that comes up in a divorce is property division. The biggest asset that most couples own is their home. Depending on who will have more overnights with the child(ren), there is usually an argument to be made that one party should maintain exclusive use and possession of the marital home. But overnights alone are not determinative as to who will possess the home or who will gain more from the sale of the home. It is important to speak with our lawyers to get personalized answers to your personalized issues. Generally speaking, property and assets are divided equally in a divorce absent a showing that one party is entitled to more because of rehabilitate or temporary support needs.
Don’t take divorce lying down, fight back!
An amicable resolution is not always possible. Sometimes the parties involved are in a toxic place and require aggressive litigation to resolve the pending issues in their marriage. Our lawyers are highly skilled in divorce litigation. We conduct thorough and complete discovery of all the issues pending in your case. When appropriate, we utilized forensic accountants, psychologist and other experts to strengthen our client’s position in court. We will not allow our clients to accept a bad deal because it is easy and convenience. We are prepared to litigate our client’s cases and seek a just resolution.
Get the right advice.
At the Kirlew Law Firm, our lawyers are experienced and highly skilled in divorce pre-suit preparation and contested divorce litigation. Our first objective in any divorce case is to get an intimate understand of our client’s needs, desires and concerns. We want to understand your family dynamic and the issues that matter most to you. It is always preferably to reach an amicable resolution in a divorce case. That will always be less stressful, less painful and less costly than a contested divorce. As your lawyers, we will help you understand your options and answer your questions.