Contested Divorce in Florida: What to Expect & How to Win (2026 Guide)

What Is a Contested Divorce in Florida?

Quick Answer: A contested divorce occurs when spouses cannot agree on one or more key issues: property division, alimony, child custody, or child support. The court must decide these disputed issues, making the process longer and more expensive than uncontested divorce.

Contested does NOT mean:

• Your spouse is fighting the divorce itself (Florida is no-fault)
• Your spouse is being difficult about everything
• You're headed for a dramatic courtroom trial

Contested DOES mean:

• You disagree on at least one major issue
• You need the court to make decisions for you
• The process will involve more steps and costs

---

Contested vs. Uncontested: Key Differences

---

What Issues Make a Divorce Contested?

Property Division Disputes (F.S. 61.075)

• Who gets the house?
• How to divide retirement accounts?
• Is a business marital or separate property?
• How much is that asset worth?
• Who's responsible for which debts?

Alimony/Spousal Support Disputes (F.S. 61.08)

• Should alimony be awarded at all?
• How much should it be?
• How long should it last?
• What type of alimony (bridge-the-gap, rehabilitative, durational)?

Child Custody Disputes (F.S. 61.13)

• Who should have majority time-sharing?
• Where will children live primarily?
• Who makes major decisions (education, healthcare, religion)?
• What's the time-sharing schedule?

Child Support Disputes (F.S. 61.30)

• What's each parent's actual income?
• Who pays for health insurance?
• How are extracurricular activities split?
• Is income being hidden?

---

The Contested Divorce Process in Florida

Stage 1: Filing (Weeks 1-2)

Petitioner (spouse who files) actions:

Respondent (other spouse) actions:

Stage 2: Discovery (Months 1-4)

Discovery is the formal process of gathering information. Both sides exchange:

Mandatory Disclosure (within 45 days):

• Tax returns (3 years)
• Pay stubs (3 months)
• Bank statements
• Retirement statements
• Real estate documents

Additional Discovery Tools:

Discovery fights over hidden assets or incomplete answers can add months and thousands in fees.

Stage 3: Temporary Relief (If Needed)

Either spouse can request temporary orders while the divorce is pending:

• Temporary custody - Who has the kids now?
• Temporary support - Who pays bills now?
• Exclusive use of home - Who stays in the house?
• Temporary restraining order - Prevent asset dissipation

A hearing on temporary relief typically happens 2-4 weeks after filing the motion.

Stage 4: Mediation (Months 3-6)

Florida requires mediation before trial for most contested issues.

How mediation works:

• Neutral mediator facilitates negotiation
• Each spouse can have their attorney present
• Sessions typically last 2-6 hours
• Costs $150-$400/hour (usually split)

Mediation outcomes:

• Full agreement → Case settles, no trial needed
• Partial agreement → Only unresolved issues go to trial
• No agreement (impasse) → Proceed to trial

Success rate: 60-70% of cases settle at or before mediation.

Stage 5: Pre-Trial Motions (Months 6-12)

If mediation fails, attorneys file various motions:

• Motion for Summary Judgment - Asking judge to decide without trial
• Motions in Limine - Exclude certain evidence
• Pre-trial Stipulations - Agree on undisputed facts

The court holds a pre-trial conference to:

• Identify remaining disputes
• Set trial date
• Encourage last-minute settlement

Stage 6: Trial (If Necessary)

What happens at trial:

Trial length:

• Simple contested: 1/2 to 1 day
• Moderate complexity: 1-3 days
• High-asset/custody disputes: 3-5+ days

Important: In Florida, divorce trials are decided by a judge, not a jury.

Stage 7: Final Judgment

After trial, the judge issues a Final Judgment that:

• Dissolves the marriage
• Divides property and debts
• Orders custody/time-sharing
• Sets child support
• Awards alimony (if applicable)

Either party can appeal within 30 days, but appeals are rarely successful and add significant cost.

---

Contested Divorce Timeline

Factors that extend timeline:

• Complex assets requiring valuation
• Custody evaluations
• Discovery disputes
• Crowded court dockets
• Uncooperative spouse

---

Contested Divorce Costs

Attorney Fees

Why so expensive?

• Hourly billing at $300-$500/hour
• Discovery takes 20-50+ hours
• Each motion requires drafting, filing, arguing
• Trial prep alone can be 40-100+ hours
• Trial days: 8-10 hours each at full rate

Other Costs

Total Cost Reality

A contested divorce going to trial can easily cost each spouse $30,000-$100,000+.

This is why settlement—even imperfect settlement—is usually better than litigation.

---

How to Protect Yourself in a Contested Divorce

1. Gather Documents Early

Before filing, secure copies of:

• Tax returns (3+ years)
• All bank account statements
• Retirement account statements
• Investment accounts
• Property deeds
• Vehicle titles
• Business records (if applicable)
• Credit card statements
• Loan documents

Why: Once divorce is filed, the other spouse may limit your access.

2. Establish Separate Finances

• Open individual bank account
• Get credit card in your name only
• Redirect your paycheck if needed
• Track all spending during separation

3. Document Everything

• Keep a journal of incidents
• Save text messages and emails
• Screenshot social media posts
• Record dates, times, and witnesses

For custody cases: Document the other parent's involvement (or lack thereof).

4. Avoid Common Mistakes

DON'T:

• Move out without legal advice (can affect custody)
• Hide assets (fraud, severe penalties)
• Empty joint accounts (court will view negatively)
• Post on social media
• Badmouth spouse to children
• Violate any court orders

DO:

• Consult an attorney before major decisions
• Follow court orders exactly
• Keep children out of the conflict
• Stay calm and professional

5. Consider Strategic Settlement

Even in contested cases, you can settle at any time. Consider:

• What is this issue really worth?
• Is the fight costing more than the asset?
• What's the emotional cost to you and children?
• Can you accept 80% of what you want to end this?

The "winner" of a contested divorce trial is often the one who spent less fighting.

---

Contested Custody: Special Considerations

Best Interests of the Child Standard (F.S. 61.13(3))

Florida courts decide custody based on 20 statutory factors including:

How Courts View Custody Disputes

Courts favor:

• The parent who supports the child's relationship with the other parent
• Stability and consistency
• Keeping siblings together
• Maintaining school and community ties

Courts scrutinize:

• Parents who alienate children from the other parent
• Substance abuse concerns
• Domestic violence history
• Parents who use children as pawns

Custody Evaluation

In high-conflict cases, courts may order a custody evaluation:

• Psychologist interviews both parents and children
• Reviews records and documents
• May observe parent-child interactions
• Issues recommendations to the court
• Costs $3,000-$8,000+

Judges give significant weight to evaluator recommendations.

---

Can a Contested Divorce Become Uncontested?

Yes—and this happens in most cases.

Even if you start contested, you can settle at any point:

• After initial filings when emotions cool
• After discovery reveals the real facts
• At mediation
• During pre-trial negotiations
• Even on the courthouse steps before trial

Statistics: Only 5-10% of divorces actually go to trial. The rest settle.

Our approach: We prepare for trial but focus on strategic settlement. Fighting has its place, but knowing when to negotiate saves you money and stress.

---

When Is Contested Divorce Necessary?

Sometimes you have no choice:

You MUST fight when:

• Spouse is hiding significant assets
• Custody arrangement would harm children
• Proposed support is wildly unfair
• Domestic violence requires protective orders
• Spouse is making false allegations

You should CONSIDER fighting when:

• Significant assets at stake justify the cost
• Spouse's position is unreasonable
• Children's well-being requires court intervention
• You have strong evidence supporting your position

You should AVOID fighting when:

• The disputed amount is less than legal fees to fight
• Both positions are reasonable (split the difference)
• Fighting harms children more than the outcome
• Emotions are driving decisions, not strategy

---

Our Contested Divorce Services

We offer strategic options for contested cases:

Our approach:

• Prepare as if going to trial
• Negotiate as if settling
• Only fight battles worth winning
• Control costs through AI-powered efficiency

---

Frequently Asked Questions

What makes a divorce contested in Florida?

A divorce is contested when spouses cannot agree on one or more major issues: property division, alimony, child custody, or child support. It doesn't mean your spouse is contesting the divorce itself—Florida is a no-fault state, so you can divorce regardless of whether your spouse agrees.

How long does a contested divorce take in Florida?

Contested divorces typically take 6-18 months, with complex cases extending to 24+ months. Timeline depends on: number of disputed issues, need for discovery, court backlog, custody evaluation requirements, and whether the case settles or goes to trial.

How much does a contested divorce cost in Florida?

Contested divorces cost $5,000-$15,000 if they settle before trial, $15,000-$50,000 for moderate litigation, and $50,000-$150,000+ if going to trial. Costs vary based on complexity, disputed assets, custody disputes, and how long negotiations take.

Can I avoid a contested divorce?

You can try mediation before filing, negotiate directly with your spouse, or use collaborative divorce. However, if your spouse is unreasonable, hiding assets, or positions threaten your children's well-being, contest may be necessary. Even contested cases can settle at any time—only 5-10% actually go to trial.