Orlando, FL Divorce Attorney
My name is Sean Smallwood and I am an Orlando, FL divorce attorney who strives to provide my clients with a very high-quality representation for their dissolution of marriage.
My team will always work hard to obtain a peaceful settlement for your divorce before going to court. Call us today 407-574-6155 to find out how we use our years of experience to obtain a fair and equitable result for your case.
Need a Divorce and Family Lawyer in Orlando, FL to Handle Your Case?
A contested divorce is any divorce where a case has been filed and the parties to the divorce are not in total agreement on how the issues in the case should be resolved. The most common legal issues that can cause an Orlando, FL divorce attorney to go through contested litigation are child custody issues, child support issues, spousal support, the division of assets, and the division of debts. The most common of these is child custody in divorce.
The most common argument for custody issues comes when one parent accuses the other of being unsafe, thus, requiring a more limited time-sharing schedule with the children involved in the case. This is commonly due to accusations of substance abuse, domestic violence, and neglect of children to name a few.
In this type of situation, the divorce lawyers will argue over the amount of time the children spend with each parent in the case. Some parents attempt to seek more time with the children as this has a direct impact on the child support amount that will be ordered in the case. This often leads to divorcing parents making the types of allegations discussed above.
Other types of issues that can lead to a contested divorce include when the parties formed a business during the marriage, there is a claim for alimony, and where a party is self-employed and there is a question about accurate income.
What To Expect If Your Orlando Divorce Case Goes To Court
Every contested dissolution of marriage case will go to a mandatory settlement conference called “mediation”. The mediation is an opportunity for the lawyers to work to settle the case with the help of a Florida Supreme Court certified mediator.
The good news is that many cases settle at mediation and do not need to go any further in the litigation process. However, if the parties do not settle their issues at mediation, then they will need to get ready for trial.
The trial phase of the case can be the most stressful for clients which is why our family lawyers work hard to reach settlements that our clients are happy with. The litigation leading to trial can include depositions, additional discovery exchange, attendance at the pretrial conference, drafting of pretrial memorandums, witness lists, exhibit lists, and interviewing of witnesses.
As your divorce court date gets closer, your Orlando attorney will prepare direct and cross-examination questions and will discuss the important facts with you so that you have a clear understanding of what facts must be proven in order to permit the judge to rule in your favor.
Divorce courts in Orlando, FL do not use juries for their trials and the entire final hearing will be held in front of the judge who will decide the outcome after the presentation of evidence is complete.
Call Sean Smallwood, P.A. For Your Divorce in Central Florida
If you are facing a divorce then contact us now to discuss your rights with an experienced lawyer 407-574-6155
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