A litigation divorce is basically the most traditional form of getting a proper divorce in Winter Park, Florida. Anyone who has decided to undergo a divorce and they are unable to settle matters easily between their spouse on their own should opt to go for litigation. A divorce lawyer in Winter Park, Florida can assist a person in gathering all the required paperwork and documentation for the litigation to go through successfully.
What is the litigating process for divorce?
Divorce litigation requires that a person and their spouse both get lawyers to assist them and they go to court in order to come to a final agreement on the distribution of their assets and their liabilities. The matter can be settled during court or it can escalate to a trial in which the court judge becomes responsible for deciding the details of the case.
The divorce will begin by a filing a petition for a court divorce. Once the court approves the petition a person must present the petition to their spouse as an invitation for them to come with their attorney to court to fight for their assets and to fight for appropriate division of the liabilities as well. If one of the spouses fails to cooperate properly with the legal process then an attorney can file a motion in order to push them to take the appropriate steps to get the divorce moving forward on to the discovery phase.
What happens during the discovery phase of a divorce?
After the petition has been submitted and both spouses are on the same page, the discovery phase of the divorce begins. In the discovery phase, both sides collect information, documents, formal lists, and written answers for the questions which they need to prove their point of view in court.
The main point of this phase is to collect as much financial information as possible so that a person can prove they deserve certain assets or that their spouse is more liable for the debts and loans they had accumulated over the years.
If everything fails and the individuals are still unable to come to a decision then they will escalate matters to a trial in which the judge will decide their affairs for them. Litigation divorce by trial is generally very difficult for both parties and is very emotionally tiring as well.
If a person can settle their matters before it comes to a trial then they should definitely try to do so. However, in many cases, there are abusive spouses who are unable to let go and move on in a fair and dignified manner and in these cases trial is often the only way to get justice.
A divorce lawyer in Florida can help a person settle all of their disputes and they can help a person come to a reasonable end to their divorce via proper documentation and financial information.