Contested Divorce

We try to help clients file an uncontested divorce whenever possible. But coming to an agreement is not always easy. People undergoing a divorce usually encounter conflict when dealing with complicated issues such as alimony, child support and timesharing of the children. Details and specifics need to be sorted out in a manner that will have the best outcome for you and your children.

Mediation

In Duval County, as well as 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.

Mediation involves a sit down at a neutral place with both parties and their attorneys present. A mediator guides the parties to an agreement that works for all. This agreement can later be entered by the judge to finalize your divorce. At mediation, we will discuss divorce laws and your rights. 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 and expensive trial.

When the Parties Can’t Agree

If you are facing a divorce and, after much discussion and mediation, cannot agree with your spouse regarding terms and specifics, you will need to proceed to have your case heard by a judge who will render a decision on all contested issues. Depending on the number of contested issues, a trial can be minimal (an hour) to extremely long (days). Each party will have the opportunity to present his or her position on all issues by providing testimony and evidence – either through their own testimony or with the use of witnesses.

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 typically excludes any money or property obtained before the marriage, inheritances, or gifts from third parties. The judge will make an equitable division of dividing assets and may order assets to be sold if the parties cannot agree and the proceeds of such sale to be shared between the parties.

Allocation of debts – all debts obtained during the marriage must be divided between spouses. The judge will take into consideration the allocation of debt with the allocation of the assets.

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 Timesharing – if you have children, timesharing must be determined, along with parental responsibility and a parenting plan will be entered.

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.

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.

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 divorces, 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.

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