When is it Time for Divorce Court?

In Florida, the vast majority of divorce cases are settled out of court through mediation or negotiation between the two parties. Settling your divorce case has many benefits. It is more affordable than litigation, less time-consuming, and it is more confidential. Unfortunately, it is not always possible to solve a divorce case out of court. Below, our Orlando contested divorce attorney outlines common instances when it is necessary to take your case to court.

You Cannot Resolve Major Issues 

If you and your spouse cannot agree on important issues such as property division, child custody, or alimony, your case may require court intervention. A judge will listen to both sides before making a decision they believe is fair to both parties. Ideally, you and your spouse will be able to agree to all terms, but there are times when it is not possible.

You are the Victim of Domestic Violence

 If you are the victim of domestic violence, an Orlando contested divorce lawyer can advise on how the abuse may affect your case. The most important priority is to protect you and your children from further harm. The court can issue protective orders and make safe custody arrangements if you feel that you or your children are in danger.

Hidden Assets 

There are times when one party in a divorce will try to hide assets in an attempt to protect them from property division. If you think your spouse is being dishonest in their financial disclosures, you may have to take court action. A divorce trial will involve the legal process of discovery, which can locate hidden assets so you obtain a fair distribution of assets.

A Violation of Agreements or Orders 

Many divorce cases require the court to issue temporary orders while proceedings are ongoing, or you and your spouse may reach an agreement. For example, if you have children you and your spouse may reach a legally binding custody agreement in which temporary arrangements are outlined. These orders will then become permanent post-divorce, or the judge will issue another order. If your spouse has violated any order or agreement, even one that is temporary, you may have to go to court to enforce it.

High Net Worth or Assets 

Just because a divorce case involves a high net worth or substantial assets, it does not necessarily mean the case is bound to go to court. However, these cases are often much more complex due to the fact that more assets are involved and they often need to be professionally appraised and valued. As such, these cases often need court intervention.

Our Contested Divorce Attorney in Orlando Can Represent You in Court 

While it is often possible to settle your divorce case out of court, there are times when it is not. At Anderson & Ferrin, P.A., our Orlando contested divorce attorney has the necessary trial experience to represent you during litigation and help you obtain the most successful outcome. Call us today at 407-412-7041 or contact us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html