Divorce is a hard decision that impacts all aspects of a person and his or her family. The closure of a chapter in life is in itself a great emotional challenge, but divorce also involves many practical issues that must be resolved.
For example, if the couple has minor children, a custody regime has to be decided: who the children will live with and what the visitation rights of the non-custodial parent will be. Also, the economic aspects of a divorce should be determined: division of marital property, and spousal and child support. At this critical moment, when your future economic conditions will be determined (and, if you have children, your relationship with them), it is very important that you have the support and advice of a Florida divorce attorney to ensure that your rights are upheld.
Notwithstanding the filing of a divorce action, generally, the resolution of divorce can follow two paths: the negotiation of an agreement, or the legal process of a contested divorce. The negotiation of an agreement consists of meeting with the other party (with or without the help of a mediator) to determine the claims of each other, and try to bring the positions closer and reach a mutually acceptable marital settlement. This solution is shorter and less costly, both financially and emotionally, than going through the whole process of a contested divorce. However, it is very difficult for spouses to sit down and negotiate with each other while going through their divorce, which can lead to frictions or hostility resulting in the loss of opportunities to reach an agreement. It is therefore important that negotiation is carried out with the guidance of a Florida divorce attorney, who not only has emotional objectivity of the situation, but also has knowledge of the rights and obligations of each party, is accustomed to negotiating, and has experience in similar cases. The lawyer would advise you and will do everything possible to get you the best possible resolution under the circumstances of your case.
When it is not possible to reach an agreement between the parties, it becomes a contested divorce. This means that the case will be submitted to the court and it will be a judge who, after analyzing the arguments and evidence of the parties, will decide on the key aspects of the separation. This process is likely long and complicated, and may also involve additional production of documents and confidential information, as well as allowing your divorce to be determined by a third-party: the judge. Temporary relief orders might be requested and granted, which can be immediate and continue until the end of the divorce. Few divorce cases actually go to trial. In most cases, the parties reach an agreement at some stage during the long process described above. This can happen through the efforts of the attorneys from both sides, mediators and the judge, or as a strategic decision in the foresight of an adverse result in trial.
Each previous step can affect you later. If you are thinking about the possibility of divorce, or have already made the decision, it is therefore essential that you schedule a consultation with a divorce lawyer in Florida as soon as possible. This allows you to receive legal advice on the laws that may apply to your particular case.
If you need the services of divorce lawyers in Florida, or have any questions about any possible legal matter, Apfelbaum Law will be happy to help you. Please contact Apfelbaum Law for a consultation on planning a new chapter of your life, in the most efficient and least traumatic way possible for you and your loved ones.