A contested divorce is any dissolution where the spouses cannot agree on one or more issues — property division, alimony, child support, time-sharing, valuation of a business, or who gets the house. When the parties cannot reach agreement themselves or in mediation, a judge decides. Contested divorces are longer, more expensive, and harder on everyone involved, so I always look for settlement opportunities first — but when litigation is necessary, I have the trial experience to protect your interests.
The Contested Divorce Process
- Petition for Dissolution of Marriage. The petitioner files and has the other spouse served.
- Answer & Counter-Petition. The responding spouse files an Answer and often a Counter-Petition setting out their own requests.
- Mandatory Disclosure.Each spouse must exchange a sworn financial affidavit and the documents required by Florida Family Law Rule 12.285 — tax returns, pay stubs, bank statements, retirement statements, and more.
- Discovery. Interrogatories, requests for production, requests for admission, subpoenas to third parties, and depositions of the other spouse, financial experts, and custody evaluators as needed.
- Temporary Relief. Either party can ask the court for temporary orders on support, exclusive use of the home, and a temporary parenting schedule while the case is pending.
- Mediation. Florida courts require mediation in most contested family-law cases before trial. Mediation settles a substantial majority of cases.
- Pretrial Motions & Case Management. The judge sets deadlines, resolves discovery disputes, and narrows issues for trial.
- Trial. Bench trial (no jury) before a family court judge. Testimony, exhibits, and closing arguments.
- Final Judgment. The judge issues a written ruling resolving every issue.
Common Contested Issues
- Equitable distribution of assets and debts — especially where a business, premarital asset, or hidden account is involved
- Alimony— type, amount, duration, and whether any alimony is warranted at all
- Child supportand the parents' respective incomes
- Time-sharing and parental responsibility
- Valuation of businesses, professional practices, pensions, and stock options
- Allegations of domestic violence, substance abuse, or infidelity
- Relocation of a parent with the child
- Dissipation of marital assets in the years before filing
How to Keep a Contested Case Under Control
The biggest mistake I see in contested divorce is letting the case run on reflex — responding to every motion, taking every deposition, fighting over every issue regardless of cost. A disciplined contested-divorce strategy:
- Identify the handful of issues that actually matter and are actually contested.
- Invest in the evidence that moves those issues — not in discovery that produces nothing useful.
- Keep settlement conversations going in parallel with litigation, because most cases settle before trial anyway.
- Be realistic about outcomes. Judges have broad discretion in family law. Pushing for a result no reasonable judge will order is expensive and counter-productive.
Why Choose an Experienced Trial Advocate
I have handled Florida family-law litigation for over 25 years in Duval, Clay, St. Johns, Nassau, and the southern Georgia counties. I know the judges, the local rules, and what evidence actually carries weight at trial. I also know the limits of litigation — and I will tell you honestly when the right move is to settle rather than fight.
How I Can Help
Call 904-858-4334 or reach out online.