What is a contested divorce?

A contested dissolution of marriage happens when both parties cannot agree as to some, most or any of the terms of their dissolution. This means that either both parties have attempted to resolve the matter and have been unsuccesful or the parties were never in agreement in the first place. If the parties do not agree as to the terms, the dissolution must be litigated in court and usually both parties retain independent attorneys to litigate the case on their behalf.

The process of litigation is where the court will determine what would be the terms of the divorce under current Florida law. The parties put forth their facts, financial information and other relevant information of the marriage, and the court applies the situation to current law to determine the most fair outcome for both parties. However, this does not mean that you or your spouse will get what you perceive to be “fair.” Unfortunately, the law is not always subjectively fair to each party. Getting an attorney that can represent you competently in the process is critical to your success in litigation.

If you believe your divorce will be contested, call our offices for a consultation! (904) 800-6767

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