Florida is a no-fault divorce state. This means that either party can claim that their marriage is irretrievably broken. It does not matter if adultery or another marital conflict was a factor.
With the claim by one partner that the marriage cannot be repaired, the divorce can be granted even if the other spouse contests.
In no-fault divorces, property is equitably distributed, the dependent care is established, and both adults enter into a new phase of their lives. It can be that simple.
However, even in a no-fault state such as Florida, divorce proceedings can get convoluted and complicated.
Here are three ways in which your simple, no-fault divorce can become a highly charged battleground.
Sometimes there are extreme disagreements over property especially if there is no prenuptial agreement in place. One spouse may have selflessly contributed to the success of the other and feels that he or she deserves special considerations made in accordance to their sacrifices, such as factors related to alimony.
When a divorce in in progress, and minor children are involved,the court takes what is best for the children into consideration first. However, parents may not agree with each other as to what would be best for their children.
A couple with minor children that is going through a divorce may be in disagreement over custody, visitation, and/or the parenting plan. There may also be important concerns regarding a parent’s ability to care for minor children in a responsible manner.
Any disagreements over children and their welfare have the potential to turn an amicable divorce into a contentious one.
As noted, Florida is a no-fault state, and this means that if your spouse has been disloyal to you in any way, this won’t be considered when granting a divorce and dividing property.
One spouse may try to get back at the other by making false or misleading claims, raising spurious concerns, or fighting for every piece of property that is in question.
When emotions come into play it is always helpful to have a smart and skilled divorce lawyer on you side. Your attorney will be able to focus on the real issues at hand and not become engaged in the individual emotions connected to the situation.
If you find that you are involved in an antagonistic divorce scenario or that complications have started to ensue, contact the divorce attorney at the Estevez-Pazos Law Firm in Coral Gables, Florida.
We have a long record of success in representing those who get caught in the middle of a difficult divorce process.
To find out more about how we may help you expedite your divorce and reach a fair and equitable settlement, please call us at 305-717-7130. We are ready to work for you.