When a person is wondering if their divorce case will end up in a Florida court or not, the answer is usually that it depends. For example, is your divorce contested or uncontested? If an uncontested divorce is possible, you and your spouse will reach an agreement through compromise and it can be confirmed at a short final hearing. But if you are in a contested case, meaning you, your spouse, or both of you contest elements of the divorce, court is possible. Ongoing disputes often require court, take longer, and lead to increased expenses.
If you want to save money and stress, striving for an uncontested divorce is likely your best bet. That said, be sure to review the facts of your situation with a knowledgeable Tampa family lawyer before making any final decisions. Sometimes court appearances are required in order to achieve the post-divorce life you are hoping for.
Specific Areas In Need of Agreement
When you first meet with an attorney, they will ask you questions about your marriage and your objectives. Once they understand where you stand on key issues, they can explore the possibility of negotiation with your spouse’s attorney.
Some questions that could bring key concerns to light:
- Do you and your spouse own properties?
- Are one of you seeking spousal maintenance payments?
- Are there children and is there a parental agreement in process?
- How will debts and liabilities be handled?
Through discussion, it may become clear if an uncontested divorce is possible or not. For instance, if you have a primary residence and a vacation home, both purchased during the course of your marriage, and both you and your spouse want to keep those properties, an agreement may not be in reach. But if the two of you are able to agree that one person takes the primary home while the other retains the vacation property, that could be an indicator of drafting an agreement being possible.
Talk to a Tampa Lawyer About Your Unique Situation
To have your divorce questions answered, reach out to an experienced Tampa family lawyer. Court may be required, if you have a complex case, but many times a resolution can be reached through negotiation or mediation. A seasoned lawyer can review the documentation you have and discuss outcomes with you. Then, they will create a strong argument for your interests and pave the way to the agreement you are seeking.
Do you and your spouse have ongoing disagreements, making an uncontested divorce impossible? You do not have to take your spouse’s word for how your divorce should proceed.
