Judge signing documentThis is the next post in my series on the issue of how long it may take to gain a divorce in Melbourne or other parts of Florida. My last article discussed how long the contested divorce process may take. It is important to understand that the amount of time a case will take is dependent on the number and nature of disagreements between the parties. An attorney can assist you with ensuring that you are not prolonging the case unnecessarily. This article will expand upon that discussion by discussing specific issues which may prolong a case. If you are in need of assistance then contact my office today to speak with a lawyer.

One of the primary issues which cause cases to take a longer amount of time is child custody. For obvious reasons, each parent will often believe that they should have primary custody of the child. It is important to remember, however, that the Court will often begin each case with a presumption that custody should be equally shared between the parents. This means there are often situations in which parents are disagreeing over custody when the chances of either of them gaining primary care are slim. There are other situations, however, in which a parent may be able to legitimately prove that it is in the best interests of the child to be with them on a primary basis. An attorney will give you an honest assessment as to whether you should proceed with a primary custody claim or whether you are prolonging the litigation without a good chance of success.

A second issue which often leads to the prolonging of a case is a disagreement over spousal support. This is a contentious topic as the paying spouse will typically believe that the amount is too much while the receiving spouse will often believe that it is too low. It is important for the parties in such cases to understand that there are some cases in which spousal support is likely to be awarded and there are others in which it is not. Also, your counsel will often be able to give you an assessment of how the Court will rule in the matter. By not dragging out the issue of alimony, you help to ensure that you are not spending money litigating an issue where the likely outcome is foreseeable.

Finally, spouses will sometimes disagree over the division of marital property. While the law is clear as to whether property is “marital” or “separate” in nature, disputes can arise over whether assets were purchased with marital funds and whether separate property has been commingled with marital property. There are certainly situations in which it makes sense for a spouse to litigate such an issue. It is important to remember, however, that litigating these types of issues can be expensive from a legal fee standpoint. It will be important to discuss, with your attorney, whether litigating such an issue is worth the expense and delay it will cause to your case.

If you are going through the end of a marriage then it is important that you have an experienced attorney to assist you. Counsel will give you an honest assessment as to how you can best protect your situation going forward. I am a Melbourne divorce lawyer who practices solely in the area of domestic relations law. I understand that this is an important time in your life. My office will give your case the attention it deserves and we pride ourselves on providing a high level of service. Contact us online or by telephone to schedule an appointment. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.