Divorce can be an emotionally and legally complex process. If there is any significant disagreement between you and your spouse about how a particular aspect of your marriage’s termination should proceed, you will need to resolve it before a judge finalizes a divorce order.
If you are considering divorce or have already decided to end your marriage, there is no substitute for support and guidance from a dedicated divorce attorney who knows how to handle situations like yours proactively and professionally. By working with a seasoned Miramar contested divorce lawyer, you could ensure your rights and best interests are protected without having to worry about legal or procedural roadblocks along the way. Reach out to McKinnon Legal today to learn more about how we can put our experience to work for you.
An “uncontested divorce” is one where both parties agree on all of the issues pertaining to how their divorce will be carried out. On the other hand, a “contested divorce” is a scenario where spouses who wish to no longer be married are not in total agreement about one or more issues that are relevant to the termination of their relationship. It is not uncommon for two people to agree that a divorce is the best way forward but to disagree on one or two significant marital issues, such as the division of assets, timesharing of children, or spousal support payments.
Additionally, sometimes people who agree on every issue relevant to their separation still have to go through the contested divorce process because they are not eligible for an uncontested arrangement. As a Miramar contested divorce attorney could explain, there are prerequisite conditions like residency status that could keep a couple from following a more streamlined process. It is best to seek advice from qualified legal counsel to determine if a particular scenario would be considered contested or uncontested.
The contested divorce process begins with one party filing a petition for divorce and serving relevant papers to their spouse, who then has 20 days to submit a response. Following this is a discovery period, during which both parties must provide each other with comprehensive information about their assets, financial interests, and obligations.
This will generally be followed by several weeks of mediation and private negotiation. During this time, a court can grant temporary relief to make sure children are supported and personal assets protected while the two parties hash out any disagreements they have. If the two parties cannot reach an agreement, the case may proceed to trial, where a judge will hear arguments from both sides and make a final decision about how the issue in question will be addressed. A skilled attorney’s assistance could be vital during every stage of a contested divorce in Miramar.
Contested divorces are almost always stressful experiences, but they do not necessarily have to be prolonged and unproductive. With adept legal counsel by your side, you could much more effectively support your side of a dispute and likely boost your chances of achieving a favorable outcome either in or out of court.
Your dedicated Miramar contested divorce lawyer will work diligently to preserve your interests and rights. Reach out today to schedule a consultation.