Contested Divorce

What Is Contested Divorce?

Marriages can fail for a variety of reasons. Hopefully, the divorce or separation will be civil and amicable. Unfortunately, a divorce proceeding is often anything but civil or friendly. Often there is unresolved, heated dispute over who gets what; whether there will be joint or single custody; what is a fair and equitable distribution of wealth, property and assets. When this happens during the process of separation, the divorce is said to be a contested divorce.

In cases of contested divorce, it is essential to have legal counsel that can make a very traumatic and potentially explosive situation a little bit easier to survive. It can be very difficult, in the midst of turmoil and marital conflict, to think clearly, fairly or rationally. Therefore, it is usually best to employ the services of a skilled divorce lawyer.

Common Issues Involved in Contested Divorce Litigation

Divorce can cause many issues to arise for potential conflict and anxiety. Some areas where divorces cause the most anxiety include:

• Child Support. Are my children going to be able to maintain the same standard of living after the divorce? What if my spouse remarries? And what if he/she remarries someone with kids? Will our child/children be left out? Will my ex-spouse be fair in providing for the needs of our kids?
• Property Division. Where am I going to live, now that we're divorced? Can I support myself on my own, without his/her income? Will I have to go on welfare, or some other type of public assistance?
• Sickness. What if I'm sick or seriously ill? My spouse was the one who took care of me. Who will take care of me now? How will I afford my medical bills, now that I will no longer be on my spouse's insurance plan?
• Assets/Finances. We had joint accounts. How can I know what percentage of our assets are mine? My spouse's? How do we divide up 401k's, stocks, CD's or other investments fairly? How do we divide up property fairly?

Divorce, Remarriage & Single Parent Families

"Both remarriage and divorce rates are substantially higher among recent cohorts," said Pierre-Andre Chiappori, professor of economics, Columbia University. "And most divorcees remarry, suggesting that, despite the large turnover, marriage is still the 'natural' state," he added. As we all know, breaking up from that 'natural state' can be one of the most trying times in an individual's life.

One consequence of higher divorce and separation rates is that more children are living in single-parent households. This is unfortunate, as there is a wealth of evidence indicating that children in single-parent homes tend to perform less well than children in a two-family home. Additionally, if the parent maintaining custody earned the lesser income of the two, serious financial repercussions can result.

Although this is a sociological trend and not necessary applicable to each individual case, it nevertheless underscores the gravity of divorce. This is yet another reason why it is vitally important to have caring, understanding and knowledgeable legal counsel when going through a contested divorce.

Researchers have also found that remarriage rates have also increased. Remarriage can affect children's livelihood in various ways which are difficult to assess. Sometimes remarriage of a spouse takes need money and resources away from the children conceived within the marriage. Other times, remarriage takes away the physical communication and contact of the remarried parent with his or her children.

Understanding Florida Divorce Law and Divorce Courts

The Law Office of Jeff Appel will help you understand the divorce process in Florida and what to expect in the courts as you move toward a settlement. If you think that your divorce will be contested, or that you and your spouse will disagree over the terms of the divorce, it is wise to have legal representation. Even in cases of uncontested divorce, it is helpful to seek the advice of a lawyer because an uncontested divorce can often turn into a contested situation as the specific details of the settlement are negotiated. While divorce can be highly emotional and stressful, our lawyers can help you make informed and calm decisions regarding your welfare and the welfare of your children. Contact a Florida divorce attorney at the law office of Jeff Appel, Esq. for your confidential consultation.