West Palm Beach Contested Divorce Lawyer
Trusted Divorce Attorneys: Protecting Your Rights and Future throughout Palm Beach County
Contested divorces can be long, complex and difficult to resolve, because neither party involved can agree on major issues such as alimony, allocation of debts and personal property. Things can become even more challenging if children are involved, because issues such as child custody and child support payments are often contentious. If you are facing a contested divorce, contact our West Palm Beach contested divorce lawyer for help.
What Is a Contested Divorce?
In Florida, the courts define a contested divorce as one in which one party disagrees with the other party about major issues, including:
- Child Support
- Child Custody
- Child Visitation
- Spousal Support
- Division of Assets
- Division of Debts
- Responsibility for Family Lawyer Fees
Steps in a Contested Divorce
In Florida, when a divorcing couple cannot agree on terms, the court will consider it to be a contested divorce. At some point, the court requires that the couple participate in divorce mediation.
During divorce mediation, both parties agree to meet with a neutral third-party to resolve their differences. The mediator’s job is to listen to both parties, and find a resolution that often requires compromise. This is especially true in a contested divorce that involves children. Because mediation is often emotional and challenging, most divorcing couples hire family lawyers to attend the mediation sessions, to ensure that they receive the proper legal advice.
If mediation is successful, both parties can sign a Marital Settlement Agreement, and a Parenting Plan when children are involved, and submit these legally binding documents to a family court for final approval. At the hearing, the presiding judge will ask both parties to verify their residency, and to confirm that they signed the agreements. The judge will then ask both parties if they still wish to pursue a Dissolution of Marriage.
Once this is confirmed, the judge will sign a Final Judgment of Dissolution of Marriage, and order the document to be recorded with the Clerk of the Court.
If mediation is not successful, then the couple will proceed to a trial, where their lawyers will argue the merits of their position in front of a family court judge. In Florida, divorce trials are bench trials, which means there is no jury, and a judge makes the final decision regarding all unresolved issues.
Contested divorce trials are conducted in the same manner as a normal trial, giving lawyers the power to call witnesses, cross-examine witnesses, introduce evidence, and make opening and closing arguments. Contested divorce trials can cover all major issues of the divorce that the parties cannot agree upon, or only the issues that are still undecided.
Disadvantages of a Contested Divorce
Because there are unresolved issues, contested divorces take longer than uncontested divorces, which means they usually result in higher attorney and court fees. Furthermore, the acrimony that often accompanies these divorces can make it difficult to achieve an equitable resolution, because neither side wants to compromise or seem as if they are ‘giving in.’
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"He genuinely cares!"Mr. Cheshire is one of the good guys. He genuinely cares about his clients and what is important to them.- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Great Service!"Great Service! He was kind, understanding and easy to work with.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
What Not to Do During a Contested Divorce
Here are some key actions to avoid during a contested divorce:
- Engage in Hostile Communication: Avoid confrontational or inflammatory communication with your spouse. This includes aggressive emails, texts, or social media posts. Keeping interactions civil can help reduce tension and may benefit negotiations.
- Ignore Legal Advice: Do not disregard the advice of your attorney. Your lawyer’s guidance is based on legal expertise and experience, and failing to follow it could negatively impact your case.
- Neglect Documentation: Failing to keep thorough records can harm your position. Maintain detailed documentation of finances, assets, communications, and any relevant interactions related to the divorce.
- Hide Assets: Trying to hide assets or income from your spouse or the court can have serious legal consequences. Full disclosure is essential in the divorce process.
- Make Rash Decisions: Avoid making impulsive decisions regarding child custody, property division, or finances. Take time to consider the implications of your choices.
- Use Children as Pawns: Never involve children in disputes or use them to manipulate your spouse. Focus on what is in their best interest and strive for a healthy co-parenting relationship.
- Discuss Details Publicly: Refrain from discussing the divorce publicly, especially on social media. Such discussions can lead to misunderstandings or be used against you in court.
- Underestimate the Importance of Mediation: Don’t dismiss the potential benefits of mediation. It can be a valuable opportunity to resolve disputes amicably and save time and money.
The Role of a Contested Divorce Lawyer
Navigating a contested divorce can be overwhelming. The legal landscape is complex, and having a knowledgeable attorney on your side can make a significant difference. Here are some key advantages of hiring a West Palm Beach contested divorce lawyer:
- Legal Guidance: A seasoned attorney can guide you through the intricacies of Florida family law, ensuring you understand your rights and obligations.
- Strong Representation: An experienced lawyer will advocate for your interests, whether negotiating a settlement or representing you in court.
- Protecting Your Rights: Your attorney will work diligently to protect your rights throughout the divorce process, ensuring that your voice is heard.
- Emotional Support: Divorce is often an emotional experience. Having a compassionate attorney can provide reassurance and support during a challenging time.
- Tailored Strategies: Every contested divorce is unique. An attorney can develop a personalized strategy based on your specific circumstances and goals.
We are ready to help clients navigate their way through a contested divorce, ensuring that they obtain the best result possible. Please call us at (561) 677-8090 to schedule your legal consultation with our West Palm Beach contested divorce lawyer.
Commonly Asked Questions
How Long Does a Contested Divorce Take in Florida?
The duration of a contested divorce in Florida can vary widely, typically ranging from several months to over a year. Factors influencing the timeline include the complexity of the case, the number of issues being disputed, and the court's schedule. If the case goes to trial, it may take even longer.
How Much Does a Contested Divorce Cost in Florida?
The cost of a contested divorce in Florida can be significant, often ranging from a few thousand to tens of thousands of dollars. Expenses may include attorney fees, court costs, and fees for expert witnesses or mediators. The final cost depends on the complexity of the case, the length of negotiations, and whether the case goes to trial.
Can You Get a Divorce in Florida Without Going to Court?
Yes, it is possible to obtain a divorce in Florida without going to court, especially if both parties agree on all terms through mediation. In such cases, couples can submit their agreements and required documents to the court, allowing the judge to finalize the divorce without a hearing.