A divorce is a difficult time for all who are involved, especially when children must go through the divorce process as well. Ideally, all divorces would be an uncontested divorce, which puts less strain on family members by resolving all divorce related issues through effective negotiation in mediation or simply sitting down and reaching an agreement for the various divorce related issues at hand.
While uncontested divorces are effectively completed by some divorcing spouses, the majority of dissolutions of marriage are contested divorces. Depending on the specific circumstances of a marriage, each divorce is inherently different. If children are involved in a divorce, all child related issues must be resolved, such as who the children will primarily reside with after the divorce, who will be paying child support, how much the child support payments will be, and what the visitation schedule will be. Additional issues may have to be resolved such as alimony (if warranted), the division of marital property and assets, or any other issues relevant to the divorce.
Mediation is often used in both uncontested and contested divorces to help reach amicable solutions relating to a divorce. This mediation process may be entered into voluntarily or ordered to be conducted by the presiding judge in a divorce proceeding.
A divorce cannot be finalized until all divorce related issues are either agreed upon or ruled upon by the family court judge.
A divorce can be very complex and become heated at different times throughout the divorce process. It may be an advantage to have professional legal counsel in your corner that can provide a strong voice of reason in difficult situations. Being "overly aggressive" all the time can work against you if the judge has to make rulings on your behalf. While you can still aggressively seek to accomplish your divorce related needs and goals... balance and the appearance of being fair and reasonable will often best serve your needs and goals.
When going through a divorce, the best plan of action is to fully understand what the statutory guidelines are regarding divorce issues, how judges typically make rulings based on the existing divorce laws in the State of Florida, and to employ a divorce strategy that caters to the statutory guidelines the judge will follow.
Terms like, "what is in the best interest of the children", "what is fair and reasonable", "making an honest effort to resolve difficult issues"... these are all part of putting together the most effective divorce strategy possible to give you the best opportunity to achieve your divorce related needs and goals.
If have questions or need to address legal issues relating to a divorce family law needs, seek the legal advice and representation of an aggressive divorce attorney. At Morris Law Firm, P.A., you will work with an experienced lawyer who is dedicated to protecting the legal rights of those in Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Labelle, Lee County, Collier County, Charlotte County, Hendry County and Southwest Florida.