Contested Divorce

We strive to help clients achieve an uncontested divorce when possible, but coming to an agreement is not always easy. Especially when dealing with complicated issues such as alimony or child support and custody, details and specifics need to be sorted out that will have the best outcome for you and your children.

Mediation

In Duval County, like many other counties, a judge will require both parties to go through mediation before going to trial.  If mediation succeeds and all the differences are ironed out, then the divorce process may proceed as an uncontested divorce.

The mediation process includes a meeting you and your attorney will attend with your spouse and his/her attorney. You will discuss divorce laws and your rights and you and your spouse will have an opportunity to come to an agreement regarding all the specifics of the divorce, staying out of the courtroom and away from a messy lawsuit.

When the Parties Can’t Agree
If you are facing a divorce and, after discussion and mediation, cannot agree with your spouse regarding terms and specifics, you may need to proceed with a contested divorce.  A contested divorce is one that plays out in the courtroom with the help of attorneys and a judge who will use witnesses and evidence to determine what is best in regards to property, debt, child support, child custody, alimony, and more.

Some of the specific issues you will face in court include:

• Assets and property – the court will determine, based upon evidence provided and witnesses interviewed, who will get control of assets, such as a house, cars, or valuable property. This excludes any money or property obtained before the marriage, inheritances, or gifts from third parties.
• Allocation of debts – all debts obtained during the marriage must be divided between spouses.
• Alimony – the court will determine whether you will need to pay alimony to your spouse, whether you will receive alimony from your spouse, and the amount.
• Child Custody – if you have children, single or joint custody must be determined, along with visitation rights.
• Child Support – the amount of money, if any, you may need to pay or receive will be determined as well, in order to secure the best future for your children.

The Law Office of Stefani K. Nolan

Although a contested divorce is more time consuming, expensive and emotionally trying than an uncontested divorce, it may be the only option for some couples. If this is the case with you and your spouse you will need representation that is not only compassionate and understanding but one that can be aggressive when needed to get the outcome that you need and deserve.

At the Law Office of Stefani K. Nolan we fight to protect your rights and the rights of your children so your family’s future is preserved. We understand that due to the complex and emotional nature of all divorce, especially those dealing with children, you will need all the support you can get. We will provide that support while backing you up in the courtroom with an aggressive defense to help you get the best result.

Contact us about your legal matter today!