By Larry Schott, Florida Family Law Attorney  |  Schott & Tolchinsky, P.A.

Most divorces don’t start out contested. They become contested when the two sides sit down and realize they are further apart than they thought on something that matters, the house, the retirement accounts, the children, or all of the above. At that point, the process gets longer, more expensive, and a lot more stressful.

A contested divorce does not mean the case has to go to trial. The large majority of contested divorces in Florida are resolved through negotiation and mediation, never reaching a courtroom. But it does mean you need a lawyer, you need to be prepared, and you need to understand what lies ahead before you file or respond to a petition.

1. What Makes a Divorce Contested

A contested divorce is one where the spouses cannot reach full agreement on one or more significant issues before the court finalizes the dissolution. It only takes one unresolved issue to make a divorce contested. You and your spouse might agree on everything except who keeps the house, or how much alimony should be paid, or whether one parent should have more time-sharing with the children. Any one of those disagreements pushes the case into contested territory.

The issues that most commonly drive contested divorces in Florida are division of significant assets including real estate and retirement accounts, alimony disputes particularly in longer marriages, time-sharing and parental responsibility when children are involved, child support calculations when income is complicated, and situations involving a business owned by one or both spouses.

Being in a contested divorce does not mean the case will go to trial. The vast majority are resolved before that happens, often at mediation or through negotiated settlement in the weeks leading up to a trial date. But the process requires more time, more preparation, and more legal involvement than an uncontested case.

2. Filing the Petition

A contested divorce begins the same way as any other dissolution of marriage in Florida. One spouse files a Petition for Dissolution of Marriage with the circuit court in Broward County. At least one spouse must have lived in Florida for the six months immediately before filing. See § 61.021, Fla. Stat.

The petition outlines the major claims: the grounds for dissolution (the marriage is irretrievably broken), the relief being requested regarding property, alimony, child support, and time-sharing. The more specific the petition is about what you are asking for, the better. A petition that asks for everything generally gets taken less seriously than one that reflects a realistic understanding of the facts.

Once filed, the petition and a summons must be personally served on the other spouse. They have 20 days to file a written response. If they fail to respond within 20 days, you can move for a default, which can significantly limit their ability to contest the terms of the divorce.

If your spouse cannot be located after a diligent search, Florida law allows service by publication. Your lawyer can guide you through that process, which involves documented attempts to locate the other party before publishing notice in a local newspaper.

3. Financial Disclosure

Within 45 days of service, both parties must complete and exchange a Family Law Financial Affidavit, which is a sworn statement of each party’s income, assets, debts, and expenses. This is mandatory in every contested divorce. It is not optional even when both parties cooperate fully.

Beyond the financial affidavit, the discovery process in a contested divorce allows each side to request documents and information from the other. This can include tax returns, bank statements, investment account records, business financial statements, retirement account balances, credit card records, and more. In complex cases involving business interests or suspected hidden assets, a forensic accountant may be brought in to review the financial picture more thoroughly.

Providing false information in a financial affidavit is perjury. Concealing assets during discovery is a serious problem that courts address through sanctions, adverse inferences, and in some cases can affect the overall distribution of assets.

4. Temporary Orders

One of the most important and often overlooked aspects of a contested divorce is what happens while the case is pending. Divorce cases in Florida can take anywhere from several months to over a year. During that time, both parties still have bills to pay, children to care for, and a home to maintain. Temporary orders address all of that.

Either party can file a motion for temporary relief at any point during the case. Courts can enter temporary orders covering:

• Temporary child support to cover the children’s expenses while the case is pending
• Temporary alimony (also called pendente lite support) to help the lower-earning spouse cover living expenses during the divorce
• Temporary time-sharing establishing a schedule for the children until the final parenting plan is approved
• Temporary use and possession of the marital home, determining which spouse stays in the home during the divorce
• Temporary attorney’s fees under § 61.16 if there is a significant disparity in the parties’ financial resources
• Orders preventing either party from dissipating, hiding, or transferring marital assets while the case is pending

Temporary orders are not permanent. They can be modified during the case as circumstances change, and they are replaced by the terms of the final judgment when the divorce is finalized. But they matter enormously for the day-to-day reality of both parties while the case is in progress.

5. Mediation: What to Expect

Every contested divorce in Florida must go through mediation before the court will schedule a trial. This is not optional. Florida Family Law Rule of Procedure 12.740 requires mediation in all family law cases, and Broward County courts take that requirement seriously. If you skip mediation or fail to attend in good faith, the court can impose sanctions.

Understanding what mediation is, and what it is not, helps you use it effectively.

What mediation is:

Mediation is a structured negotiation process facilitated by a neutral third party called a mediator. The mediator does not take sides, does not make decisions, and cannot give legal advice. Their job is to help both parties communicate, identify common ground, and work toward a voluntary agreement. Everything discussed in mediation is confidential and cannot be used in court if the mediation fails.

In Broward County family law mediation, the parties typically sit in separate rooms and the mediator moves between them, carrying proposals and counterproposals. Direct confrontation between the spouses is rare and usually avoided. Each party should have their attorney present or available by phone to review any proposed terms before agreeing.

What mediation is not:

Mediation is not a hearing. The mediator has no authority to order anything. If you reach an agreement at mediation, it is because both parties agreed voluntarily. If you do not reach an agreement, the case proceeds to trial and nothing said at mediation can be used against either party. The mediator cannot testify about what happened.

How to prepare for mediation

The clients who get the most out of mediation are the ones who come prepared. That means:

• Having a clear, realistic picture of what a judge would likely do on each contested issue based on the facts of your case
• Knowing your priorities, what you absolutely need versus what you can concede, before you walk in
• Bringing all relevant financial documents so proposals can be evaluated against real numbers
• Being willing to listen as well as advocate
• Having your attorney review any proposed settlement terms before you sign anything

Coming to mediation with unrealistic expectations, or unwilling to move at all from your opening position, wastes everyone’s time and money. That does not mean giving up what you deserve, it means understanding what the realistic range of outcomes at trial actually looks like and negotiating within that range.

Cost of mediation in Broward County

Certified family mediators in Broward County typically charge between $150 and $300 per hour per party. Mediation sessions commonly run three to six hours. The cost is usually split equally between the parties unless the court orders otherwise. If you cannot afford mediation costs, you can file a motion asking the court to waive or reassign the fees. See Florida Family Rules 12.740-12.741.

6. If Mediation Fails: Going to Trial

When mediation does not resolve all of the outstanding issues, the case goes to trial. A family law trial in Florida is a bench trial. Meaning, a judge, not a jury, makes the decisions. Each side presents evidence, calls witnesses, and makes arguments. The judge then rules on each contested issue and incorporates those rulings into the final judgment.

Trial length depends on complexity. A contested divorce with one or two disputed issues, moderate assets, and no children may be resolved in a day or two of court time. A high-asset case with business valuation disputes, complex retirement account division, and a contested parenting plan can take several days or even weeks spread across multiple hearing dates.

Going to trial is the most expensive option in a contested divorce, and the outcome is entirely in a judge’s hands. Most experienced family law attorneys, and most clients who have been through it, will tell you that a negotiated settlement, even an imperfect one, is almost always preferable to the uncertainty and cost of trial. That said, sometimes trial is necessary. When a spouse is acting in bad faith, hiding assets, or making unreasonable demands that cannot be resolved through negotiation, trial is the right answer.

7. Timeline and Cost

The timeline for a contested divorce in Florida depends almost entirely on how far apart the parties are and how complex the issues are.

A contested case that resolves at mediation can be finalized in as little as four to six months from filing, depending on the court’s calendar and how quickly financial disclosure is completed. A case that goes to trial typically takes twelve to eighteen months or longer. Cases involving business valuation, custody evaluations, or significant discovery disputes can stretch beyond two years.

Cost follows the same pattern. Attorney’s fees for a contested divorce that settles at mediation might run $5,000 to $15,000 per party. A case that goes to trial commonly runs $20,000 to $50,000 or more per side, and complex high-asset cases can go significantly higher. These numbers are averages, your case may be more or less depending on the specific issues involved and how cooperative the other party is willing to be.

One of the most effective ways to control cost in a contested divorce is to be strategic about what you fight over. Not every issue is worth the cost of litigating it. An experienced divorce lawyer helps you identify where to push hard and where to make reasonable concessions, keeping the overall expense proportional to what is actually at stake.

8. If You Cannot Afford a Lawyer

There are two avenues worth knowing about if attorney’s fees are a concern.

First, if your spouse earns significantly more than you, you can file a motion for temporary attorney’s fees under Florida Statute 61.16. The court considers each party’s financial resources and can order the higher-earning spouse to contribute to your legal fees. This motion can be filed early in the case so you have the resources to retain and keep counsel throughout the proceedings. The standard is need and ability to pay, not a strict rule that the richer spouse always pays, but meaningful income disparity is a strong basis for the request.

Second, if your income falls below certain thresholds, you may qualify for representation through legal aid. Broward County Legal Aid provides family law services to qualifying individuals. Your lawyer can also advise on whether limited scope representation, where an attorney handles specific parts of the case rather than the full matter, is a practical option for your situation.

9. Contested Divorce and Domestic Violence

When domestic violence is a factor, the divorce process works differently in several important ways. Your safety and the safety of your children comes before procedural timelines.

You can petition the court for an injunction for protection against domestic violence simultaneously with or before filing the divorce petition. A judge can issue a temporary injunction the same day the petition is filed, without notice to your spouse, based solely on your sworn allegations. That injunction can require your spouse to leave the marital home, prohibit contact with you and the children, and establish temporary custody arrangements. See Florida Statute 741.30.

Domestic violence cases are given priority on the court’s docket and are typically heard much faster than standard contested divorce matters. The court can and will take the history of violence into account when making decisions about time-sharing, parental responsibility, and the overall terms of the divorce.

If you are in this situation, do not try to navigate it without legal help. An attorney can help you obtain the injunction, protect your rights in the divorce, and make sure the court has the full picture of what has happened in your marriage. See our guide: How to Get a Restraining Order in Florida.

Related Articles:

• Uncontested Divorce in Florida
• Step-by-Step Guide to Getting a Divorce in Broward County
• How to Divide Marital Assets in Florida During a Divorce
• Alimony in Florida: What You Need to Know
• Working With a Florida Divorce Lawyer
• Florida Divorce Pleadings: Real Examples From Our Practice