When to Consider Taking Your Florida Divorce to Court

Although it’s possible for many couples to resolve their divorces amicably through mediation and negotiation, such resolutions are not always possible. There are, for instance, times when a court’s intervention is not only preferable, but is actually essential to safeguard one of the party’s rights or safety. If you are facing any of the issues that we outline below, you should strongly consider consulting with an attorney who can provide you with guidance and legal representation.

You Have Unresolved Disputes on Major Issues 

In Florida, a judge will only finalize a couple’s divorce when the parties have reached a resolution on certain major issues, like child custody, alimony, and property division. Unfortunately, divorcing parties are not always able to come to an agreement on one or more of these matters. When this happens, it may be necessary to bring the issues before a judge, who can make an impartial decision that is fair to both parties.

Your Spouse is Hiding Assets or Engaging in Financial Dishonesty 

As a part of the divorce process in Florida, all couples are required to make full financial disclosures to each other. This ensures that both spouses are aware of the assets that will need to be divided and can more easily gauge whether alimony is necessary or can even be paid. Unfortunately, some people, in an effort to avoid sharing a certain asset, could engage in unlawful and unethical financial practices to hide assets. If you think that your spouse isn’t being honest about his or her finances, speak with an attorney right away, as you will likely need to take the matter to a judge to obtain a full disclosure and hold the at-fault party accountable.

Your Spouse is Failing to Comply with Legal Orders 

It is not uncommon for couples to reach temporary agreements during their divorce, regarding things like who will cover certain bills while the divorce is pending, or how the couple’s children will be supported. While they may be temporary, these agreements are legally binding and one party’s failure to comply with the terms of those agreements is enough to justify court intervention in a divorce case. If your spouse isn’t paying child support or is failing to follow with a custody arrangement, you may need to take your case to a judge who can enforce compliance.

You Are Engaged in a High Asset Divorce 

When a couple has amassed a number of high value or complex assets, it’s also often a good idea to take the case to court. Judicial oversight can help ensure that all aspects of the case are handled properly, including the valuation of unique or valuable assets, the division of investment properties, and splitting up retirement accounts. These issues can be complicated and usually require legal expertise to ensure accuracy and fairness.

There is a History of Domestic Violence or Abuse 

Taking a divorce case to a court is of the utmost importance when there is a history of abuse or domestic violence in a family. Courts can issue protective orders and put custody arrangements in place that are safe for all parties and can offer additional protections to those who fear for the safety of themselves or their children during divorce.

Set Up a Meeting With Our Legal Team Today 

If you believe that court intervention is necessary in your own divorce, don’t hesitate to call the experienced and compassionate Clearwater divorce lawyers at Cairns Law for help.

Sources: 

fljud13.org/Portals/0/Forms/pdfs/family/packet38.pdf

leg.state.fl.us/statutes/index.cfm/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.30.html