Divorce is never a simple process to go through; in fact, it can be one of the most trying and harrowing situations that you can possibly imagine. Although collaborative and uncontested divorces are always preferred, due to the nature of the process, it is not often possible for both parties to work together seamlessly. More often than not, there will be a point of contention. When this happens, it is vastly important that you do not hesitate to contact a knowledgeable South Florida divorce lawyer that you can trust to look after your best interests. Under Florida divorce law, if one party disagrees that the marriage is over, this may only delay the inevitable. It takes only one party to prove the marriage is broken.
Historically, to obtain a divorce, state laws required one spouse to prove wrongdoing by the other. In many cases, this forced married persons to make up stories of misconduct such as cruelty or desertion, in order to obtain a divorce. It also allowed a spouse that did not want a divorce to prevent his wife or her husband from obtaining one.
In recent decades, however, Florida and many other states adopted so-called “no-fault” divorce laws. Rather than proving wrongdoing, a married couple in Florida need only convince a judge that the marriage is “irretrievably broken” and cannot be saved.
When a spouse files a divorce petition based on a claim that the marriage is irretrievably broken, the other has twenty days to file a reply, called an “answer”. If the answer disputes the claim that the marriage is irretrievably broken – for example, if a reconciliation has occurred, or the answering spouse has a honest desire and intent to reconcile – this can be raised as a defense. In this case, the court may take any action it reasonably believes to be in the parties’ best interest, including ordering either or both spouses to attend counseling and delaying (for up to three months) ruling on the divorce petition to give the parties time to attempt a reconciliation.
If the petitioning spouse does not change his or her mind about the prospects for reconciliation, however, the court will eventually grant the divorce petition. As a practical matter, therefore, it is no longer possible for one spouse to prevent.
Why Hire a Lawyer for a Contested Divorce?
A contested divorce can often reduce to a bitter courtroom battle; these are often emotionally turbulent, frustrating and can leave you fighting tooth and nail to protect the future of both you and your family. To ensure that you are being given the best possible chance for success, the very best thing that you can do is to seek the legal representation of a knowledgeable contested divorce attorney.
At Orner Law, LLC, we have a deep understanding of the nuances that surround contested divorces. You can be confident that if you seek out our legal representation that we will do everything possible to ensure that you are navigated through this turbulent time as effectively, swiftly and painlessly as we can. We know the importance that the outcome of such a case will have on your entire life and we are unwaveringly devoted to giving you the support that you deserve. From dealing with issues of child support, alimony, child custody to division of assets and fathers’ rights, you can breathe easier knowing we will go the distance for your benefit.
With offices in Boca Raton and Fort Lauderdale , Orner Law, LLC serves clients throughout South Florida.