Contested Divorce Lawyer in Sarasota, Florida

Contested divorces can be some of the most challenging life experiences, filled with uncertainty and emotional strain. This type of divorce occurs when spouses are unable to reach an agreement on essential matters such as asset division, child custody, or alimony. The concerns involved often necessitate the support of a knowledgeable attorney who can effectively advocate for your interests.  

At Coyne Law P.A., we are devoted to providing compassionate and skilled representation, ensuring that you have the guidance and support you need during this difficult time.

Our Florida family law firm serves clients throughout Sarasota County, Florida, including Bee Ridge, Fruitville, Nokomis, Venice, Manasota, and North Port, Manatee County, including Bradenton, Palmetto, Lakewood Ranch, Myakka City, and Duette. Call today for a consultation and take the first step towards a brighter future.

What Is a Contested Divorce? 

A contested divorce occurs when one spouse files for divorce and the other spouse disagrees with the terms proposed. This disagreement can pertain to various issues, including child custody, support, property division, or alimony. Unlike an uncontested divorce, where both parties reach an agreement amicably, a contested divorce often involves negotiations, mediation, and may ultimately lead to litigation in court. The complexity of a contested divorce can lead to prolonged legal battles, and having an experienced attorney by your side is essential. 

Reasons for Contestation 

There are several reasons why couples may find themselves in a contested divorce. Some common issues include: 

1. Disagreements over child custody: Parents may have conflicting ideas about where the children should live, how visitation should be structured, and what is in the child's best interest.  

2. Property division disputes: Determining how to divide assets can be contentious. Spouses may disagree on what constitutes marital property and the value of specific assets, ranging from real estate to retirement accounts.  

3. Alimony and spousal support issues: One spouse may request financial support post-divorce, while the other may feel that such support is unnecessary or unfair.  

4. Different perspectives on parenting responsibilities: Beyond custody, parents may disagree on how to raise their children, from education to discipline, which can complicate post-divorce co-parenting arrangements.  

5. Emotional factors: High emotions during a divorce can cloud judgment, leading to disputes based on feelings of resentment or betrayal. 

The Contested Divorce Process 

The contested divorce process can be intricate and lengthy. Here’s a general outline of the steps involved: 

1. Filing for divorce: The process begins when one spouse files a divorce petition with the court, outlining the grounds for divorce and the terms they seek.  

2. Serving the petition: The other spouse must be formally served with the petition, which initiates the legal process and provides them an opportunity to respond.  

3. Response from the other spouse: The responding spouse has a set period (typically 20 days in Florida) to file a response, indicating their agreement or disagreement with the terms proposed.  

4. Discovery phase: This stage involves gathering evidence, including financial documents and information regarding assets, debts, and child custody arrangements. Both parties may exchange requests for information and documents to build their cases.  

5. Negotiation and mediation: Often, contested divorces can still find resolution outside of court through negotiation or mediation, facilitated by legal representatives or a neutral third party.  

6. Trial preparation: If negotiations fail, the case will proceed to trial. Both parties will prepare their arguments, collect evidence, and may call witnesses to support their case.  

7. Court hearing: The trial is held before a judge, who will review the evidence presented by both sides and make a ruling on the contested issues.  

8. Final judgment: After hearing both parties, the court issues a final judgment, outlining the terms of the divorce regarding asset division, custody arrangements, alimony, and other pertinent issues. 

The Importance of Legal Representation 

Having legal representation during a contested divorce is crucial for numerous reasons. An experienced attorney understands the intricacies of family law and can provide guidance tailored to your specific circumstances. They will advocate on your behalf, ensuring that your rights are protected throughout the process. Moreover, a skilled lawyer can navigate the complexities of negotiations and mediation, aiming to reach amicable resolutions when possible, while also preparing a strong case for trial if necessary. With someone knowledgeable by your side, you can focus on emotional healing rather than getting bogged down by legal procedures, ultimately allowing you to make informed decisions that affect your future and that of your children. 

Navigating Child Custody Issues 

One of the most contentious aspects of a contested divorce often revolves around child custody arrangements. In Florida, the court's primary consideration is the best interest of the child. Factors that the court may evaluate include: 

• The child’s relationship with each parent 

• The stability of each parent’s living environment 

• Each parent's ability to provide for the child’s emotional and physical needs 

• The child’s preferences, depending on their age and maturity 

• Any history of domestic violence or substance abuse 

It’s essential to approach child custody discussions thoughtfully to prioritize the well-being of the child while still advocating for your parental rights. 

Financial Considerations in a Contested Divorce 

The financial implications of a contested divorce can be significant. Both parties may face considerable costs, including attorney fees, court expenses, and potential financial obligations such as alimony or child support. Understanding Florida's laws regarding asset division and support can help you prepare for the financial realities of divorce. 

• Equitable Distribution: Florida follows equitable distribution laws, meaning that marital assets are divided fairly, though not necessarily equally. Your attorney can help in accurately valuing marital property and advocating for a fair division. 

• Spousal Support: Alimony may be awarded based on several factors, including the length of the marriage and each spouse's financial situation. Your attorney will work to secure a support arrangement that adequately addresses your needs.