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Are You Facing Divorce? Protecting Your Rights Through a Personalized Approach

Miami Contested Divorce Attorney

Representing Those Who Are Seeking a Contested Divorce in Florida

At Mitchell & West LLC, we understand that the decision to pursue a divorce is never painless. When disagreements and disputes arise, leading to a breakdown in communication, emotions can run high, making ending a marriage even more challenging. Suppose you find yourself in a situation where you and your spouse cannot agree on key aspects of your divorce, like property division, alimony, child custody, and support. In that case, you are likely facing a contested divorce. Our team of dedicated Miami contested divorce attorneys is here to guide you through these turbulent times, providing the legal support and representation you need to protect your rights and interests.

Call Mitchell & West LLC today at (305) 783-3301 or contact us online to schedule a consultation with our contested divorce lawyer in Miami.

What is Contested Divorce?

A contested divorce is considered a legal process in which the spouses cannot reach a mutual agreement on the terms of their divorce. Unlike an uncontested divorce, where both parties agree on major issues and file a joint petition, contested divorces involve litigation and court intervention to resolve disputes. In a contested divorce, the court is tasked with deciding on property division, spousal support, child support, and child custody based on the evidence and arguments presented by each party's legal representation.

Contested divorces can arise for various reasons, including differences in financial expectations, parenting styles, or unresolved emotional conflicts. Our experienced Miami contested divorce attorneys understand the complexities of these situations. They are equipped to provide tailored legal strategies that protect your rights while striving for a fair resolution.

Requirements of a Contested Divorce in Florida

In Florida, certain requirements must be met before a contested divorce can proceed:

  • Residency Requirement: Your spouse or yourself must be a resident of Florida for at least six months before filing for divorce in the state.
  • Filing a Petition: The process starts with one spouse (the petitioner) filing a Petition for Dissolution of Marriage. The other spouse (the respondent) is then served with the petition and has a specified response time.
  • Property Division: Florida follows equitable distribution laws, which means that marital property is fairly divided, though not necessarily equally, between spouses. If you and your spouse cannot agree on dividing the assets and debts, the court will step in to make these determinations.
  • Alimony: If one spouse is seeking alimony (spousal support), they must provide evidence of their need for financial assistance and the other spouse's ability to pay. Alimony decisions can be particularly contentious, often leading to contested proceedings.
  • Child Custody and Support: Child custody (now referred to as time-sharing) and child support arrangements are highly sensitive and frequently disputed aspects of contested divorces. The court will prioritize the child's best interests when deciding about custody and visitation.
  • Mediation: In many cases, Florida courts require couples to attend mediation before proceeding to trial. Mediation allows both parties to negotiate and reach agreements on key issues, potentially avoiding the necessity for a lengthy and costly trial.

Contact Our Contested Divorce Lawyer in Miami Today

If you face the complexities of a contested divorce, you don't have to navigate this challenging journey alone. Our team of experienced Miami contested divorce attorneys at Mitchell & West LLC is here to provide you with the guidance, support, and representation you need. We are well-versed in Florida's divorce laws and are dedicated to helping you secure a fair resolution while minimizing the emotional and financial toll. Your future is important to us, and we are ready to stand by your side every step of the way.

Contact Mitchell & West LLC today and let us help you navigate the legal intricacies with confidence and compassion.

About Mitchell & West

  • In Super Lawyers®

    No more than 5% of Florida attorneys are included in Super Lawyers®. It takes significant experience, results, reputation, and many other qualifications to pass the rigorous, patented selection process.

  • Dedicated to the Community

    In addition to providing sterling legal representation, which includes pro bono services to indigent clients, we also strive to be active in the local community, generous with our time and other resources.

  • Trial-Tested Advocacy

    We are true trial lawyers, ready for any and all challenges of litigation. No matter how complex your case is, we have the resources and insight to protect your rights in the toughest legal arenas.

  • Known for Personalized Service

    We understand that each case is unique, and every client deserves individualized attention. We commit to provide one-on-one counsel so we can create a legal strategy that is tailored to your needs and goals.