Understanding How a Miami Civil Law Firm Can Help with a Contentious Divorce

Some divorces are more contentious than others. While some spouses can work together amicably throughout the process, others will find themselves facing fundamental disagreements that stand in the way of coming to terms. When a divorce turns contentious (or has the potential to turn contentious), a Miami civil law firm can help.

In fact, there are several ways a Miami civil law firm can help in this scenario. While some contentious divorces may eventually end up in court, there are often options to reach an agreement that avoids litigation. While a civil law firm can provide representation in court if necessary, a civil law firm will also be able to help divorcing spouses avoid litigation in many cases.

5 Ways a Civil Law Firm Can Help with a Contentious Divorce

Let’s say you are anticipating a contentious divorce. What can a Miami civil law firm do to help? In this scenario, some of the key ways a civil law firm will be able to help you include:

1. Preparing for Your Divorce

While preparation is important in any scenario, thorough preparation is especially important when you are anticipating a contentious divorce. If you expect disagreements to arise, it will be important to ensure you have the documentation and other evidence you need to support your position when the time comes.

Once you engage a law firm to represent you, your law firm will be able to assist with your divorce preparations. Among other things, this includes:

Gathering copies of all required documentation
Preserving any records or other evidence that your spouse may try to destroy
Walking you through all of the issues you will need to consider during the divorce process
Determining which of your assets qualify as your (or your spouse’s) “separate” property
Reviewing your prenuptial agreement and assessing its enforceability (if applicable)

Again, these are just examples. When done well, preparing for a divorce is a time-intensive process, and the time you invest will be well worth it in the end. A Miami civil law firm can help you prepare efficiently and effectively—and can help make sure you do not overlook any issues that have the potential to lead to problems down the line.

2. Anticipating Potential Areas of Disagreement

When you are anticipating a contentious divorce, another key aspect of preparing is anticipating potential areas of disagreement. If you know when disagreements are likely to arise, you can develop a strategy for addressing them in advance (more on this below). Some common areas of disagreement during the divorce process include:

Identification of “separate” and “marital” property
The overall division of marital property (i.e., which percentage each spouse should receive)
Division of high-value assets and items with sentimental value
Division of parenting time and child-related decision-making authority
Ownership and control of privately-held businesses

Resolving these issues (among others) can be more or less complex depending on the circumstances involved in a couple’s divorce. In some cases, divorcing spouses may be completely at odds; and, short of one spouse conceding his or her position, going to court may be the only viable option. However, even in highly contentious scenarios, there will often be options worth considering for both spouses—and, in the vast majority of cases, both spouses will share a common interest in avoiding the costs and publicity of divorce litigation.

3. Developing a Strategy to Address Disagreements Proactively

If you anticipate areas of disagreement during your divorce, your civil law firm can help you develop strategies to address them as they arise. For example, if you are anticipating disagreements regarding the division of your marital estate, your law firm can help you come up with potential compromises that are acceptable to you and that are also likely to be acceptable to your spouse. Or, if you are anticipating disagreements regarding alimony or child support, your law firm can help you gather or generate the documentation needed to demonstrate why your position is reasonable (and legally supported) under the circumstances at hand.

4. Helping You Consider All of Your Options

When you are preparing for a contentious divorce, it is important to ensure you consider all your options. Divorcing spouses have a variety of options for finding ways to come to terms—including creative options of which most people are unaware. When it comes to resolving disputes during the divorce process, there are options here as well. While going to court is one option, alternatives such as mediation and collaborative divorce can prove highly effective in many situations.

5. Providing Representation in Court if Necessary

Of course, if necessary, your civil law firm can also represent you in court. While going to court is generally a last resort (and judges often require divorcing spouses to pursue mediation first), it ensures the divorce process ends. If going to court is the best option for protecting your best interests, your law firm can take all of the necessary steps to seek a judgment that is consistent with your desired outcome.

Divorce litigation is a process in itself, and if you need to take your divorce to court, this will require thorough preparation as well. With this in mind, even if your goal is to avoid litigation, you should still choose a law firm that is prepared to litigate on your behalf if necessary.

Contact Gonzalez Law Offices, P.A. | A Miami Civil Law Firm

Gonzalez Law Offices, P.A. is a Miami civil law firm that provides comprehensive legal advice and representation for divorcing spouses in South Florida. If you are anticipating a contentious divorce, our lawyers can help you prepare and make informed, strategic decisions throughout the process. To get started with a confidential initial consultation, call us at 305-676-6677 or tell us how we can reach you online today.