Contested Divorce: Protecting Your Rights

Are you facing litigation in your divorce? There is nothing more important than ensuring you are protected both in and out of court by a high quality, aggressive divorce lawyer. At Fox Firm, P.C., the attorney has garnered a reputation as one of Gwinnett County's top litigators at trial. Each case is given the full focus of the Lawrenceville divorce attorney from the firm, and you can be confident that your objectives are of utmost concern. Developing a strategy to present a case is an important factor in any contested divorce. A great number of decisions about your life will take place, based upon the skill with which your attorney presents your side of the story. At the firm, the attorney is recognized as being highly professional in divorce litigation. It is of utmost importance that your attorney knows how to craft a case that has a better chance of success, whether the issues include child custody, asset division, or other matter that cannot be resolved through mediation or negotiation with the opposing attorney.

Matters of Concern in Contested Divorce

No judge or jury can be expected to fully understand the dynamics of a marriage. The way that decisions are made when the two parties do not agree is based upon certain formulas. Child support, for example, will be determined based upon the income of each party, as well as the time that is spent living with each parent. It is difficult to imagine that a unique family situation can be resolved through the use of a formula, as there truly is no "one size fits all." The court does its best to be fair in all matters, and how your specific divorce will be resolved will be greatly dependent upon the skill with which your case is presented. There is no way to persuade a judge other than providing compelling evidence to support your case, presented in a persuasive and professional manner. The firm is extremely qualified and experienced in divorce litigation, whether the issues involve child custody, the family home, asset division or other critical point.

Divorce Trials: What to Expect

At a divorce trial, both you and your marriage partner have the right to call up witnesses. These witnesses can include friends, family, forensic accountants, child specialists and others. When the judge renders an opinion, this will be written into a binding court order that must be adhered to by both parties. Divorce trials can become extremely complicated when the two parties disagree about the children. The court is concerned with the best interests of the children, and neither parent is considered to be automatically entitled to having primary physical custody. It is believed in most cases that both parents having extensive and shared access is the best solution for the children. There are cases in which this is not true, such as when there has been violent behavior, drug or alcohol addiction, abuse or other situation that makes one parent a danger to the child or children.

The court will require that any accusation of abuse is supported by testimony or other evidence. A mere accusation is not likely to sway the court, as there are many cases in which accusations of abuse are exaggerated or false. There are also cases in which the accusation of abuse is completely true. Ensuring that your children are protected is of utmost concern, and this should be discussed with the attorney from the firm as a primary goal in the divorce trial. It is required that there is a "parenting plan" that is approved by the court. This includes schedules for visitation, including holidays, transportation of the children and places to exchange the children, and issues regarding supervision in cases in which the court deems this will be for the safety of the child or children.

Contact a Lawrenceville divorce lawyer to discuss legal representation in a contested divorce. The firm is known for its professional skills at trial. Serving all of Gwinnett County.