Of the two major types of divorce—contested and uncontested—contested is the type which will drag on the divorce process for months, and even years. There is also a much greater chance of heartache and hard feelings during a contested divorce than its counterpart. A contested divorce is simply a divorce proceeding in which the spouses cannot come to an agreement on one or all issues of the divorce. Because divorce is such an emotionally charged time for the separating spouses, it is not uncommon for some issue to be a source of discord.
Below are some common examples of points of contention:
- Disagreement over child custody. The most common and intense source of disagreement between divorcing spouses is the issue of the children. Is it better to pursue joint custody, or should one parent have sole custody? If one parent has sole custody, how often should the non-custodial parent get to see his or her children? These are questions a judge has to answer if the parents cannot come to a consensus. The issue of child custody and time-sharing agreements is always a potential spark that can ignite the flames of disagreement during a divorce proceeding. If a judge has to rule on the custody order of children, the overriding factor in the eyes of the courts and the law is the child’s best interest.
- Disagreement over support payments. Another common point of contention for a couple going through a divorce, alimony and child support are calculated based on the ability of one spouse to pay and the needs of the other. You may find online calculators both of these types of support payments; here is one for alimony, and here is one for child support. If parents agree to their own distribution of support payments, then that area of the divorce will be uncontested; however, if they cannot agree, then they are generally at the mercy of the arithmetic.
- Disagreement over property division. The greater the collective value of property and assets a couple has accumulated during their marriage, the more likely a contested divorce becomes. Florida is an equitable distribution state, meaning that marital property should be divided between spouses in a “fair and equitable” manner.
An important caveat here is that “fair and equitable” does not mean equal distribution. Also, all property owned by one or more spouse will not necessarily be considered “marital property.” Because of the case-by-case basis that Florida treats property of divorcing spouses, there are countless opportunities for disagreements to arise.
Having Disagreements? Call Us
While uncontested divorces are usually the preferred option for divorcing couples, there is sometimes no avoiding a contested divorce. The legal system dictates certain steps be taken by both sides during a contested divorce, which is one reason why this type of divorce lasts longer than uncontested splits. We want to help you during your divorce, contested or not. Call us today at (305) 227-4030 and see how we can help you reach the divorce agreement you’re seeking.
Law Office of Ray Garcia, P.A.
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