In some Florida divorces, both sides agree on the need to part ways and are able to amicably negotiate the issues. Other cases, however, are more contentious and the sides are unable or unwilling to negotiate and agree on various matters. With a contested dissolution, it is unlikely that the parties will be able to reach an agreement. Knowing how the court will oversee these concerns is key to a case.
In a contested divorce, the court will gauge the facts and come to a decision. The judgment will be based on the evidence presented. The court will then divide the assets and liabilities according to the facts of the case.
There must be a clear identification of the marital assets and who owns them. The marital assets – if they are of significant value, like real estate – must be valued and the court must determine which spouse is entitled to them. The marital liabilities must also be assigned to one party.
In a divorce, the parties will inevitably disagree over many issues. This is especially true if the divorce involves a large number of assets. For help with equitable distribution and splitting assets and liabilities during a divorce, it might be beneficial to have legal assistance to achieve a satisfactory resolution. A law firm experienced in equitable distribution may be able to help settle the case and ensure a fair division of the marital property. Calling an attorney for advice is the first step to address the issues in a family law case.