Contested Divorce in North Miami, FL
by S.G. Morrow & Associates, P.A.

Understanding Contested Divorce in Florida

A contested divorce happens when spouses disagree on issues like property division, alimony, child custody, or support, requiring court involvement. In Florida, divorce is a “dissolution of marriage,” and the state follows a no-fault system, allowing the marriage to be declared “irretrievably broken” without proving fault. Though emotionally challenging, approaching the process with clear expectations and proper support can make it more manageable.

Legal Grounds for Divorce in Florida

Florida’s “no-fault” divorce system allows for divorce when the marriage is “irretrievably broken,” meaning reconciliation is not possible. The second ground, mental incapacity, applies only if a spouse has been mentally incapacitated for at least three years. The “irretrievably broken” standard is the most common, reducing conflict during the process.

The Contested Divorce Process in Florida

The contested divorce process in Florida starts when one spouse files a “Petition for Dissolution of Marriage,” outlining requests for property division, custody, support, and other issues. Filing fees range from $400 to $500, with waivers available for qualifying individuals. The petition is served to the other spouse by a Sheriff or process server. The summons will advise them they  have 20 days in which to respond with an “Answer” and possibly a “Counter-Petition.” If there is no response, the court may issue a default judgment. During the discovery phase, both parties exchange financial documents and relevant information to clarify assets and liabilities. It can prove more costly in the long run to try to do it by yourself.

Temporary Orders and Mediation

During a divorce, either spouse can request temporary orders for matters like temporary child support, alimony, or time sharing plans. These orders remain until the final judgment replaces them.

Florida courts often require mediation in contested divorces before a trial. A mediator, who is a neutral third party, helps spouses resolve issues, which can lead to settlements and reduce emotional and financial costs. If mediation doesn’t succeed, the case proceeds to trial, where a judge makes final decisions.

Common Issues in Contested Florida Divorces

Child Custody and Timesharing

In Florida, “custody” is replaced with “parental responsibility” and “timesharing” to highlight both parents’ roles in children’s lives. Parental responsibility covers decision-making for aspects like education, healthcare, and religion, which can be shared or assigned to one parent. Timesharing defines the schedule for when children spend time with each parent. Florida courts prioritize maintaining meaningful relationships with both parents, considering factors such as stability, routine, and the parent-child relationship. If parents disagree, they must submit proposed parenting plans, which the judge reviews before making a final decision.

Division of Marital Assets and Debts

In Florida, marital property is divided through equitable distribution, meaning the division is fair but not necessarily equal. Factors like each spouse’s contributions, financial situation, and marriage duration are considered. Equitable Distribution reviews the parties’ assets and debts acquired during the marriage, while separate property remains with the original owner unless commingled. High-value assets like businesses, retirement accounts, and real estate often require careful valuation and legal or financial guidance.

Alimony Considerations

Alimony in Florida can be awarded in various forms, including bridge-the-gap, rehabilitative, and durational, based on the marriage’s circumstances. Courts consider factors like the marriage’s length, the spouses’ ages and health, and their financial resources. Marriages are categorized as short-term, moderate-term, or long-term, with longer marriages more likely to result in permanent alimony. Recent changes to Florida’s alimony laws and federal tax regulations have impacted alimony decisions, making it important to work with attorneys who stay updated on legal developments.

Child Support Obligations

In Florida, child support is based on both parents’ incomes, the number of children, healthcare and childcare costs, and timesharing arrangements. The aim was to maintain a standard of living similar to what the children would have been had the marriage remained intact. Courts may adjust support based on specific circumstances, and even with equal timesharing, support may be required if there is a significant income difference. Florida enforces child support through income withholding, license suspension, and contempt proceedings.

Timeline and Costs of a Contested Divorce

A contested divorce in Florida typically lasts six months to two years, depending on case complexity, court schedules, and conflict level. Costs range from $5,000 to $30,000 or more per spouse, covering attorney fees, court filings, mediation costs, and professional services and possibly tax professionals.  . Unresolved issues can increase costs. In addition to financial expenses, contested divorces bring emotional stress that can affect mental health, work, and relationships. Finding resolution methods that reduce conflict and protect your interests is crucial.

Strategies to Simplify a Contested Divorce

Simplify a contested divorce by focusing on the facts, prioritizing goals, and identifying negotiable issues. Working with professionals like attorneys and financial advisors can help. Open communication with your spouse can resolve minor issues, while mediation or negotiation can move the process forward efficiently.

The Value of Legal Representation in Contested Divorces

Having legal representation during a contested divorce helps you navigate the complex legal process and strengthens your position, especially if your spouse has an attorney. An experienced divorce lawyer provides valuable guidance, clarifying your rights, helping set realistic goals, and creating effective strategies. They manage your case’s procedural details, meet deadlines, and represent your interests in negotiations, mediation, and court. Most importantly, your attorney offers an objective perspective, helping you make decisions focused on long-term outcomes rather than temporary emotions, leading to a more positive resolution after the divorce. Without professional representation, you may short change yourself.