Contested vs. Uncontested Divorce in Florida
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Ending a marriage can be quite complex and emotionally overwhelming. Additionally, being unfamiliar with the divorce process can leave you vulnerable to legal pitfalls which can lead to an unfavorable settlement. It is imperative to retain legal counsel from a skilled Daytona Beach divorce attorney, who can help you obtain the best results possible and protect your rights and best interests from start to finish.
At Buckmaster & Ellzey, we are committed to resolving difficult matters and providing personalized and compassionate legal solutions for our clients. With more than four decades of collective legal experience, our Dayton Beach divorce attorneys can help you navigate the complexities of your case in order to obtain the most favorable settlement.
If you are going through divorce, get the compassionate representation you need by contacting us today!
Contested vs. Uncontested Divorce in Florida
There are two main types of divorce: contested and uncontested divorce. Contested divorces happen when one or both spouses disagree on one or more terms of a divorce agreement, while uncontested divorces occur when both spouses agree on every single item on the divorce decree.
When couples disagree on one or several issues, they could resolve their differences through mediation prior to appearing for a final hearing to seek approval for their proposed settlement agreement. During mediation, couples have the opportunity to reach an agreement on their own terms and avoid the court process.
However, when couples cannot reach an agreement after going through the mediation process, they must go to trial. When a divorce goes to trial, the legal process typically costly and long—possibly taking a year or so to finalize. In the end, the judge will decide on all contested issues.
On the other hand, when couples agree on every single divorce issue, they can seek a “simplified dissolution or marriage.” In addition, to agree on all terms of the divorce agreement, you and your spouse must not have any children under the age of 18, the wife cannot be pregnant, and neither spouse is seeking alimony. A simplified divorce can take as little as three months.
Top Steps to Take When Going Through a Divorce
Divorce can be an incredibly confusing time, especially because each divorce is different. Finances, children, and the overall relationship between two people differs from case to case, which is why it can feel overwhelming trying to find solid answers regarding your divorce. Going into this process being as prepared as possible is the only way to truly combat any difficulties which may arise along the way.
If the end of your marriage is impending, or if you are currently in the midst of pursuing a divorce, you need to make sure you are prepared in any event. So many things can go wrong, even if you and your ex-spouse as remotely amicable.
The following are steps to take in the event of divorce:
- Consult a Daytona Beach divorce lawyer – This is the most important step to take to protect yourself in every aspect. Whether you are concerned about assets, property, or your children, we at Buckmaster & Elizey can help advise you on your best course of action. Going in blindly simply isn’t an option.
- Copy documents – Keep a copy of any and all important documents, because you never know when you will need to show proof on your end. Finances are one of the biggest points of contention in a divorce, which is why you need to keep a copy of all tax returns, bank statements, investment statements, retirement account statements, life insurance policies, mortgage documents, financial statements, credit card statements, wills, Social Security statements, and more.
- Maintain routine – If you have children, it is especially important you keep their routine as consistent as possible. This transition will be particularly difficult for them, and you and your ex-spouse still need to maintain somewhat of a comfortable balance in their lives. Their entire family structure is crumbling--make it as easy as possible.
Ready to Start Your Divorce Case Today!
Our Daytona Beach divorce attorneys can review your situation, listen to your concerns, and make sure your needs are addressed. Whether you are going through an uncontested or contested divorce, we are committed to helping you transition into the next chapter of your life.
At Buckmaster & Ellzey, we have the skills and experience you deserve. Get to know our team by scrolling down and select the staff you would like to learn more about.
Q: If I’ve Been Arrested, What Rights Do I Have?A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
Why Should I Hire an Attorney to Represent Me?
In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.
We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.
What Are the Differences Between a Misdemeanor and a Felony?Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
What Happens Now That I’ve Been Charged With an Offense?The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
How Are Child Support and Alimony Calculated in Florida?If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.
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