Contested Divorce in Florida: Process, Legal Questions & Support

This page explains the essentials of a Florida contested divorce—including key steps, required documents, roles of mediation and trial, child custody, property division, and how Joel E. Greenberg Law supports Broward County families facing complex divorce disputes.

ARTICLE GUIDE

• What is a contested divorce?
• What are the steps for a contested divorce in Florida?
• What issues are decided in a contested divorce?
• How long does a contested divorce take?
• What does a contested divorce cost in Florida?
• Does mediation play a role in contested divorce?
• When does a contested divorce go to trial?
• What is required for financial disclosure?
• Can orders be modified after a contested divorce?
• Why hire a local family law attorney in Plantation?
• Frequently Asked Questions

What is a contested divorce?

A contested divorce in Florida occurs when spouses cannot agree on some or all of the major terms of their separation—such as child custody (timesharing), support, division of property, or alimony—and require the court system to resolve disputes. Unlike uncontested divorce, which is handled more quickly and privately if both spouses agree to all terms, contested divorce relies on formal negotiation, discovery, mediation, and possibly a trial before the judge makes final decisions.

This type of divorce is common in Broward County and South Florida when families face:

• Disagreement about parenting arrangements or property division
• Complex financial, business, or real estate interests
• High-conflict situations or allegations of misconduct
• Multiple disputed issues, requiring hearings or trial

What are the steps for a contested divorce in Florida?

The formal process of contested divorce in Florida is designed to ensure fairness and due process through clear steps recognized by courts in Plantation, Broward County, and statewide:

1. File the Petition for Dissolution of Marriage. Either spouse initiates the case by filing a formal petition that outlines desired terms for custody, property division, support, and other issues.
2. Serve the Petition and Respond. The other spouse is served and has 20 days to file a response—agreeing with or contesting any terms, and possibly filing a counter-petition with alternative demands.
3. Financial Disclosures & Discovery. Both parties exchange financial affidavits, tax records, bank statements, evidence of income and debts, and any other documentation relevant to contested matters. Discovery can include subpoenas, interrogatories, and depositions to clarify complex financial or parenting issues [web:136][web:152].
4. Mediation. Florida law mandates that parties attempt to settle contested issues through mediation—a confidential process with a neutral mediator who helps both sides seek agreement. Many cases resolve here, but if mediation fails, the process continues toward trial [web:147].
5. Pre-trial Motions & Hearings. Attorneys may file requests for temporary relief (such as child support, alimony, restraining orders, or access to children), scheduling hearings as needed before trial.
6. Trial Preparation. Each side prepares for trial, assembles evidence, witnesses, and final arguments. Parties often provide “witness lists” and “exhibits” to the court and opposing side.
7. Trial (Court Proceedings). If agreement cannot be reached, both sides present their evidence and arguments to the judge, who makes binding decisions about disputed divorce matters [web:152].
8. Final Judgment. The judge issues final orders setting custody, support, division of property and debt, alimony, and other necessary relief.
9. Post-Judgment Obligations. Both sides must comply with the judgment. Later modifications are possible if circumstances change significantly.

Each step is managed under Florida statutes and local court rules. Professional legal counsel is critical for navigating contested divorce efficiently and protecting client interests.

What issues are decided in a contested divorce?

Key issues typically addressed by the court in a contested Florida divorce include:

• Child Custody (Timesharing): The judge establishes a parenting plan, timesharing schedule, and rules for decision-making.
• Child Support: Payments are calculated based on income, parenting time, and Florida guidelines.
• Alimony: The court considers duration, need, and ability to pay under current state law—and may order temporary or durational support.
• Property & Asset Division: Florida uses an equitable distribution approach to divide marital assets and liabilities, taking fairness into account.
• Debt Allocation: Joint debts are divided alongside assets; specific debts may be assigned to one spouse.
• Attorney’s Fees: Judges may award fees if one party needs help paying for representation.

In particularly complex or high-conflict cases, additional matters such as business valuation, inheritances, or allegations of abuse/misconduct will be addressed by the court as part of the process.

How long does a contested divorce take?

Contested divorces in Florida typically take longer than uncontested cases due to hearings, discovery, and possible trial. Most cases last several months to a year or more, depending on complexity, the level of disagreement, and court scheduling. Local courts in Plantation and Broward County work to expedite cases, but some issues naturally take time to resolve.

What does a contested divorce cost in Florida?

Contested divorce costs depend on the number and complexity of disputed issues, the need for discovery, trial, and the time attorneys spend preparing. Costs may include court fees, document preparation, expert witness fees, financial analysis, and attorney time. Mediation may reduce some costs, but trial and litigation are expensive. Discussing fee structures with Joel E. Greenberg Law upfront can help clients set expectations and budget for necessary services.

Does mediation play a role in contested divorce?

Florida law requires mediation before a contested divorce can proceed to trial. Mediation helps parties negotiate property division, custody, support, and other disagreements with the support of a neutral third party. Most contested divorce cases in Broward County resolve in mediation, avoiding public trial and giving parties some control over final terms. However, mediation is non-binding; unresolved issues continue to trial for judicial resolution.

When does a contested divorce go to trial?

Cases go to trial only when mediation fails, or parties cannot agree on major issues. The trial is a formal proceeding with witnesses, testimony, presentation of evidence, cross-examination, and a final ruling by the judge. Trials are sometimes public and can be stressful. Joel E. Greenberg Law supports clients throughout pre-trial preparation and courtroom advocacy, protecting interests every step of the way.

What is required for financial disclosure?

Both Florida law and Broward courts require spouses to exchange comprehensive financial affidavits detailing income, assets, expenses, and debts. Documents include tax returns, pay stubs, statements from banks, credit cards, retirement accounts, real estate holdings, and any other substantial assets. Full disclosure allows fair property division, accurate calculation of support, and informed negotiation during mediation or trial.

Can orders be modified after a contested divorce?

Florida law allows post-judgment modification of custody, support, alimony, and other orders if circumstances substantially change. Examples include job loss, significant health issues, a parent’s relocation, or changes in a child’s needs. Modifications must be granted by the court and require filing a formal petition with supporting documentation. Joel E. Greenberg Law counsels clients on modification procedures and builds effective cases for adjusted outcomes.

Why hire a local family law attorney in Plantation?

Contested divorce cases in Broward County and South Florida benefit from local expertise. Joel E. Greenberg Law brings extensive practice in regional courtrooms, understands state and municipal rules, and offers tailored strategies for each family’s situation. From initial consultation through litigation or mediated settlement, local representation ensures responsive support and familiarity with judges and procedures in Plantation and surrounding communities.

Contact Joel E. Greenberg Law for Contested Divorce Support

If you are facing a contested divorce in Plantation, Broward County, or anywhere in South Florida, reach out for a confidential consultation. Let Joel E. Greenberg guide you through every step—from initial filing, discovery, and mediation to courtroom trial and post-judgment modification. Protect your future and family with experienced legal counsel focused on practical solutions and strong advocacy.

Frequently Asked Questions

What documents must be exchanged in a contested divorce?

Both spouses exchange financial affidavits, tax returns, bank statements, employment records, and all documents related to assets, debts, and income.

How do courts decide child custody in a contested divorce?

The judge considers the child’s best interests, parental abilities, cooperation, history, and any special needs, then sets a parenting plan and timesharing arrangement.

Is mediation required in all contested divorces?

Yes. Florida courts require mediation before trial, unless there is an emergency or unique circumstance that warrants bypassing mediation.

Can I request temporary support before the divorce is final?

Temporary support or custody orders may be granted by the court if requested through motions and hearings prior to final judgment.

How long does contested divorce usually take?

Timelines vary, but most contested divorces last several months to over a year, depending on complexity and court scheduling.

Can contested divorce orders about support or custody be modified later?

Yes. Judgments are subject to modification if jobs change, needs shift, or parenting arrangements no longer serve the child’s interests.

Is contested divorce more expensive than uncontested divorce?

Generally yes—legal fees are higher due to complexity, length, need for mediation or trial, and number of hearings.

Do both spouses have to appear in court?

If mediation fails and trial occurs, both spouses or their attorneys must present evidence and arguments before the judge.

Can contested divorce be settled out of court?

Most cases settle at mediation or through negotiation before trial. Final agreements are then presented to the court for approval.

What can Joel E. Greenberg Law do to help?

Joel E. Greenberg Law offers comprehensive support through every stage of contested divorce, including guidance, document preparation, mediation, litigation, and post-divorce modification for families across Plantation, Broward County, and South Florida.