What is a Contested Divorce and how does it differ from any other type of Divorce? Attorney Sergio Cabanas talks about Contested Divorces in Florida and how to navigate this potential legal minefield!

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Watch this video in English:
What is a Contested Divorce?
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¿Qué es un divorcio contencioso?
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***Please note that the information in this video is not legal advice and is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.***

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Sergio Cabanas, Esq. has been practicing law since 1991. After graduating from Washington College of Law in Washington D.C., Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.

The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody / Timesharing, Child Support, Alimony, Prenuptial Agreements, Postnuptial Agreements, Domestic Violence, and Post-Divorce Related issues.

The firm serves three counties in Florida: Broward, Miami-Dade, and Palm Beach. You can get in touch with us for your free 15-minute consultation by calling (954) 329-0441. We are open from 9AM to 7PM, Mondays to Fridays.

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0:00 Intro
0:18 What is a Contested Divorce?
01:18 What are the issues that need to be dealt with in a divorce?
01:25 Issue 1: Identifying Marital and Non-Marital Assets
01:37 Certain Types of Assets are not subject to division
01:54 Issue 2: How to divide Marital Assets
02:09 Issue 3: Alimony
02:20 Issue 4: Minor Children
02:59 You can turn a contested divorce into an uncontested divorce!
3:33 Outro

Transcript:

A contested divorce basically means that the parties have not yet been able to reach a full agreement on the important terms and conditions for a divorce. It's possible that one of the spouses is trying to avoid divorce altogether. Maybe the spouses agree on divorce but they don't know about the legal terms and conditions that are needed in order to get a divorce. I've had clients come to my office with what they think is a legal agreement, only to learn that the terms are not legally allowed.

That's why it's important to find an attorney who can help identify the legal issues that need to be resolved in order to avoid the uncontested divorce to the extent possible. Or, at least, will be able to narrow down the issues that need to be resolved so that you can keep your cost to a minimum in addition to reducing your stress.

So, generally, what are the issues that people normally need to deal with in a divorce? Well, one of the issues is identifying the marital assets that are subject to being divided between the spouses. People often assume that everything has to be divided. But that's not always true. There are important exceptions, such as assets acquired before the marriage, assets acquired during the marriage by gift or inheritance, or assets held by other people or corporations.

Once we decide on the marital assets that are subject to being divided, we have to figure out how to divide those assets. Many people assume that everything must be sold and the proceeds are to be divided equally. But it's possible for the parties to agree on other terms and conditions that do not include the sale of the assets.

Another important issue may relate to alimony, especially in light of the laws that just went into effect in July of 2023. Who's entitled to alimony? And, if so, how much and for how long? If the parties have minor children, we also have to resolve those issues, such as the parental decision-making authority for the children, time-sharing, child support, international travel, relocations, and the list goes on.

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