You’ve tried everything. Conversations turn into arguments, trust fades, and the future you once planned feels out of reach. For many couples, divorce becomes unavoidable. While some split amicably, others face disputes over assets, custody, or support. If this sounds like you, a contested divorce may be on the horizon.
At Mindful Divorce, P.A., we know how emotionally draining this process can be. Founded by Chad M. Layton, Esq., our firm offers compassionate, clear guidance to help you move forward.
What Is a Contested Divorce?
A contested divorce happens when spouses can’t agree on one or more issues. Unlike an uncontested divorce, which resolves relatively quickly when couples reach a mutual agreement, a contested divorce often involves litigation. It’s a more complex process where decisions are made by the court after reviewing both sides’ arguments.
While no one enters a divorce hoping for conflict, disagreements can arise over issues like property division, child custody, and alimony. Florida’s “no-fault” divorce laws mean you don’t need to prove wrongdoing to file, but disputes can still make the process challenging.
Common Issues in Contested Divorces
In a contested divorce, disagreements often center on the most important aspects of a family’s future. One of the most challenging issues couples face is determining child custody and creating a parenting plan that works for everyone involved.
Child Custody and Parenting Plans
When children are involved, custody disputes are often the most emotional and difficult part of a contested divorce. Florida courts focus on the child’s best interests when deciding parenting plans, which include:
- Parental responsibility (decision-making rights)
- Time-sharing schedules
- Parental relocation requests
Factors like each parent’s relationship with the child, stability of living conditions, and the ability to foster communication between both parents play a significant role in custody decisions.
Child Support
Florida uses a guideline-based formula to calculate child support. This considers factors such as:
- Both parents’ incomes
- Healthcare expenses
- Daycare or educational costs
In some cases, courts may deviate from the standard calculation based on unique circumstances, ensuring the child’s needs are prioritized.
Alimony (Spousal Support)
Alimony isn’t automatic in Florida. The court considers several factors before awarding support, including:
- The length of the marriage
- Each spouse’s financial resources
- Earning capacity and employment history
Types of alimony range from temporary to permanent, depending on the situation. Issues like adultery can also influence alimony awards.
Equitable Distribution of Assets
Florida follows the principle of equitable distribution, meaning marital property is divided fairly—though not always equally. This includes:
- Real estate (family homes, vacation properties)
- Retirement accounts and pensions
- Business interests
- Vehicles, jewelry, and other valuables
Courts distinguish between marital and non-marital property, ensuring assets acquired during the marriage are shared while pre-marital property remains with its original owner.
Division of Debts
Marital debts, like credit card balances, mortgages, and loans, are also divided equitably. Courts consider:
- When the debt was incurred
- The purpose of the debt
- Each spouse’s ability to repay
Even in contentious situations, we work to ensure you’re treated fairly when it comes to dividing responsibilities.
The Contested Divorce Process in Florida
- Filing the Petition
One spouse files a petition for divorce, which outlines their requests for child custody, property division, and support. Florida requires that at least one spouse be a resident for six months prior to filing. - Responding to the Petition
The other spouse has 20 days to respond. They may agree to certain terms or file a counterpetition outlining their own demands. - Discovery Phase
This is where both sides exchange financial documents, answer written questions (interrogatories), and provide sworn testimony during depositions. It’s an in-depth process that helps uncover critical information. - Mediation
In Florida, mediation is mandatory for most divorce cases. A neutral third party helps both spouses try to settle disputes before going to trial. Mediation can save time, money, and emotional energy. - Trial Preparation
If mediation fails, preparation for trial begins. This includes gathering evidence, identifying witnesses, and preparing arguments. - Court Trial
At trial, both sides present their case. The judge listens to arguments, reviews evidence, and ultimately makes decisions on unresolved issues.
A Better Option: Collaborative Divorce
While contested divorces are sometimes unavoidable, many couples benefit from choosing collaborative divorce. In this process, spouses work together with their attorneys and other professionals (financial experts, child specialists) to resolve disputes outside of court.
Benefits of Collaborative Divorce
- Reduced Conflict: Focuses on cooperation instead of fighting.
- More Control: You decide what’s fair rather than leaving it to a judge.
- Preservation of Relationships: A healthier option when co-parenting is involved.
- Time and Cost Savings: Collaborative divorce is often faster and less expensive.
- Privacy: Unlike courtroom battles, collaborative sessions remain confidential.
At Mindful Divorce, P.A., we encourage collaborative divorce when it makes sense. It’s an approach that aligns with our commitment to reducing stress and creating smoother transitions for families.
Struggling With Divorce? Let Us Help.
If you’re considering divorce or in the midst of a contested case, you don’t have to face this alone. At Mindful Divorce, P.A., we’ll guide you through your options and fight for your best interests—whether in court or through collaborative solutions.
Contact us today to schedule a consultation.