A divorce becomes contested when spouses cannot agree on important issues such as child custody, asset division, or alimony. If both parties refuse to compromise, the case moves to litigation, where a judge will make the final decisions. Contested divorces take longer, cost more, and often require multiple court appearances.
How Do You Start the Process?
The divorce process begins when one spouse files a Petition for Dissolution of Marriage. The other spouse has 20 days to respond. If no response is filed, the court may grant a default judgment, meaning the petitioning spouse’s requests could be approved without input from the other party. If a response is filed, the legal battle begins.
What Are Florida’s Legal Requirements for Divorce?
Florida law requires full financial disclosure from both parties. Each spouse must complete a Family Law Financial Affidavit (Form 12.902) detailing their income, expenses, assets, and debts. Hiding assets can lead to severe penalties, including fines or court sanctions.
Is Mediation Required Before Going to Court?
Yes, Florida courts require couples to attempt mediation before moving forward with litigation. A neutral mediator works to help both parties find a resolution. Mediation is often a faster and less expensive way to settle disputes, but if no agreement is reached, the case proceeds to trial.
What Happens If a Contested Divorce Goes to Trial?
During a divorce trial, both spouses present evidence, call witnesses, and argue their case before a judge. Every aspect of their finances, personal history, and parenting abilities may be examined in court. The judge makes the final decision on contested issues, and once a ruling is made, both parties must comply.
How Do Florida Courts Decide Child Custody?
Florida law follows the best interests of the child standard (Fla. Stat. § 61.13) when determining custody. Judges consider multiple factors, including each parent’s ability to provide a stable home, financial security, and emotional support. If one parent has a history of neglect, substance abuse, or domestic violence, it can impact their custody rights.
How Are Marital Assets Divided?
Florida uses an equitable distribution system, meaning assets and debts are divided fairly but not always equally. The court evaluates factors such as the length of the marriage, each spouse’s financial contributions, and their ability to support themselves after the divorce.
What Are Florida’s Alimony Laws?
In 2023, Florida eliminated permanent alimony and replaced it with durational alimony, which is based on the length of the marriage. Shorter marriages may result in little to no alimony, while longer marriages could qualify for extended financial support.
Can a Divorce Settlement Be Modified Later?
Yes, modifications to child support, alimony, or custody can be requested if there is a significant change in circumstances. Job loss, relocation, or medical emergencies may justify a modification, but courts require clear evidence before making adjustments.
What Is the Best Strategy for a Contested Divorce?
Preparation is everything in a contested divorce. Organizing financial records, understanding your rights, and having a legal strategy in place can make a significant difference in the outcome. Courts value credibility, honesty, and financial transparency, so working with an experienced attorney is critical.
How Can Bergermann Law Firm Help?
At Bergermann Law Firm, we know how much is at stake in a contested divorce. Whether you are fighting for custody, protecting your assets, or negotiating alimony, the right legal team makes all the difference. Call (239) 334-0075 today to discuss your case.
