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Contested Divorces

Unfortunately, divorce happens all too often in today’s world and sadly many of these are contested divorces.  A contested divorce is one in which one spouse does not want the divorce or when one or both spouses disagree on any of the terms of the divorce.  If the person who files the divorce states that the marriage is irrevocably broken, then the other spouse has 20 days to agree or disagree.  If the other spouse disagrees, then the judge can do one of three things.  The judge can order the couple to take religious or secular counseling, delay the hearing for up to three months to give the couple time to reconcile, or take any other action the court deems necessary.

A divorce is also a contested divorce is any of the conditions of the divorce are not agreed upon by both spouses.  The areas that are most commonly contested are those regarding child support and timesharing arrangements with the child/children, alimony, and the equitable division of marital property.  When there is disagreement on any of these issues or on any other issue, the judge will schedule a hearing and require mediation between the two parties so that they can come to an agreement.

In Florida a spouse can file for divorce without having to prove there was any wrong-doing on the part of the other spouse.  If the judge grants the divorce, the contending spouse cannot stop the divorce from happening or their spouse from moving on with life.  In these situations it is important to have a contested divorce lawyer.  The person who filed for divorce will need that representation in order to ensure the divorce goes through and that their rights are upheld.  For the spouse who did not file or who contends certain issues, legal representation will help that person through the procedure and ensure that their rights are also upheld.

When you are involved in a contested divorce, you need to have the very best family law attorney on your side, someone who has experience with contested divorce cases and can collect all the evidence and information and navigate through system to bring you the best possible outcome.  The judge nearly always grants a contested divorce so the very best thing to do in this situation is hire a lawyer who can mediate the divorce.  Heather Byrd is that lawyer.  With years of experience behind her, Heather can represent your best interests in your contested divorce and ensure that you get fair treatment.

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All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

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