Contested Divorce in Florida

A contested divorce is any Florida divorce in which the parties cannot agree on one or more issues. The disputed issue might be the value of a business, whether equal time-sharing is appropriate, the amount and duration of alimony, or how to handle a premarital account that grew during the marriage. Whatever the issue, the procedural rules are the same: discovery, temporary relief, mediation, and -- if necessary -- trial.

The Most Common Contested Issues

• Time-sharing and parenting plans. Since July 1, 2023, Florida law presumes equal time-sharing is in the best interests of the child. Rebutting that presumption requires evidence under the best-interest factors in Florida Statutes § 61.13(3).
• Equitable distribution. Disputes often center on classifying property as marital or nonmarital, valuing closely held businesses, tracing premarital funds that were commingled, and proving intentional dissipation of assets.
• Alimony. After the 2023 alimony reform, fights focus on the length of the marriage, the recipient's actual need, and whether durational alimony is appropriate at all for marriages under three years.
• Child support deviations. The guideline amount is presumptive, but parties contest the income calculation, the time-sharing percentage, and requests to deviate up or down based on the factors in Florida Statutes § 61.30(11).
• Relocation. A parent seeking to move with the child more than 50 miles away faces the procedural and substantive requirements of Florida Statutes § 61.13001.

Temporary Relief Hearings

Contested cases often need an interim order to govern the parties' conduct while the case is pending. Temporary relief may include exclusive use of the marital home, temporary time-sharing, temporary child support, temporary alimony, and orders preserving the status quo of financial accounts. A temporary relief hearing is short -- often 30 minutes to an hour -- and the court relies heavily on the financial affidavits and limited live testimony.

Discovery

Mandatory disclosure under Rule 12.285 produces the basic financial picture, but it is rarely enough in a contested case. Tools we use include:

• Interrogatories and requests for production beyond the standard list
• Depositions of the parties, business partners, and key witnesses
• Subpoenas to banks, brokerages, and employers
• Forensic accountants to trace funds and value businesses
• Vocational evaluators to address imputed income for an underemployed spouse
• Custody evaluators or guardians ad litem when child-related issues are sharply disputed

Mediation

Florida circuits require mediation before a contested family case can be tried. A neutral mediator -- usually a Florida Supreme Court certified family mediator -- spends a full day or half day with the parties and their attorneys, shuttling between rooms to find common ground. Most contested cases settle in mediation. The settlement is enforceable as soon as it is reduced to writing and signed by both parties and their counsel under Florida Family Law Rule 12.741.

Trial

If mediation fails on any issue, that issue is tried to the judge. Florida family law trials are bench trials -- there is no jury. Each side presents witnesses, financial exhibits, parenting plan proposals, and expert testimony. The judge enters a written Final Judgment of Dissolution of Marriage with detailed factual findings that address every disputed issue.

The Cost of Conflict

Contested divorces are expensive. The greatest cost driver is conflict that is disproportionate to the stakes -- fighting for months over personal property that could be split with a coin toss, or relitigating a single weekend in the time-sharing schedule. We work to settle the issues that can be settled, narrow the issues that must be tried, and ensure that the money you spend on litigation produces a measurable benefit in the final outcome.

Call 786-522-1411 for a confidential consultation about your contested Florida divorce.