I am ready to file a CONTESTED DIVORCE – what can I expect?

This is a question we hear many times each week. As an example take a very typical new client, 12 year marriage, 2 children with both parents working. They have a home with a first and second mortgage and little to no savings other than a savings plan at work. Not too much debt on the credit cards and they make payments on both cars. Initially it does not sound like too difficult a case, until your client, the wife, tells you her husband is glued to internet porn and she does not trust him alone with the children. The client is very upset that her husband shows little to no interest in her physically and thinks he is seeing other people, but has no proof.

When we get a client like this, they typically are very angry and their friends and family have not been positively supportive. We always ask if there has been family counseling and if not, recommend several very good therapists. If the parties have been too therapy and have been uncooperative, there may be no other resolution but to separate them. Now comes the problem of working with your client so that she understands the realities of the system.

When one parent wants to exclude the other from contact with the children, they have a tough and very expensive path to follow. Florida courts provide for shared parenting and for a division of time sharing. There are no more custodial parents or primary parents and there is no visiting parent. The parents are equal unless you can clearly demonstrate to the court with hard evidence that such an order would be detrimental to the children. This will take witnesses, psychologists, nasty testimony and the breaking of any relationship of trust between the parents, not to mention spending over $50,000 to take one of these to a trial, where the judge may not know what is really going on.

As a lawyer we need to be upfront and honest with the client. She needs to know that her wishes may not be fulfilled, but that she has to be in a position to move on with her life. The children need both parents – and unless there is hard core proof that a parent is harming a child, there is little the court system will do.

While we have had many cases where there really are custody issues that MUST be resolved by the court, these matters are very hard won and very expensive in money and relationships.
If you are in a situation where you believe you have a true custody issue, please talk with a lawyer who has handled many realistic custody cases and knows the system. You need a dose of reality before jumping into this. It is better to permit a family counselor to work out these family problems than to have lawyers hack your life to pieces.

If you find yourself in such a position it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.

If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.

If you require the immediate services of a highly experienced and aggressive attorney, please call for a FREE consultation

JUPITER LEGAL ADVOCATES

561 748-8000
or email us at:
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