Contested Divorce in Florida: Understanding the Timeline

At Brandon Legal Group, we understand that divorce can be challenging and emotional, especially when one party doesn’t agree. If you’re facing a contested divorce in Florida, you might wonder how long the process will take. Let’s explore this topic to give you the knowledge and strength to navigate this difficult journey.

What is a Contested Divorce?

A contested divorce occurs when spouses cannot agree on one or more critical issues, such as property division, alimony, child custody, or child support. In Florida, these divorces typically take longer and are more complex than uncontested divorces.

Timeline for a Contested Divorce in Florida

While every divorce is unique, a contested divorce in Florida generally takes 6 months to 2 years to finalize. However, highly contentious cases can sometimes take even longer. Here’s a general outline of the process:

  1. Filing the Petition (1-30 days): The process begins when one spouse files a Petition for Dissolution of Marriage.florida divorce process
  2. Serving the Petition (1-30 days): The other spouse must be formally served with the divorce papers.
  3. Response Period (20 days): The served spouse has 20 days to respond to the petition.
  4. Discovery Phase (1-8 months): Both parties exchange relevant information and documents.
  5. Mediation (1-3 months): Many Florida courts require couples to attempt mediation before trial.
  6. Pre-Trial Preparations (1-3 months): If mediation fails, attorneys prepare for trial.
  7. Trial (1-5 days): The case is presented before a final decision judge.
  8. Post-Trial Motions and Appeals (varies): Either party may file post-trial motions or appeals, potentially extending the process.

Factors That Can Extend the Timeline

  • Complex asset division
  • Child custody disputes
  • Disagreements over alimony or child support
  • Court scheduling and backlog
  • Uncooperative spouse delaying proceedings

Case Study: The Wilsons’ Contested Divorce

Mark and Lisa Wilson’s divorce became contested when they couldn’t agree on child custody arrangements and the division of their family business. Initially, Lisa refused to negotiate, extending the discovery phase as financial experts valued their business. After six months, they attempted mediation, reaching a partial agreement on asset division. However, child custody remained a point of contention, requiring a trial. The entire process, from filing to final decree, took 14 months. With the guidance of Brandon Legal Group, Mark was able to secure a fair custody arrangement and equitable division of assets, despite the prolonged process.

To protect client confidentiality, this case study is fictional but relevant.

Frequently Asked Questions

Can I speed up a contested divorce in Florida?

While you can’t control your spouse’s actions, being prepared, responsive, and open to negotiation can help streamline the process. Working with an experienced attorney can also help manage timelines effectively.

What if my spouse refuses to participate in the divorce process?contested divorce florida timelin

If your spouse refuses to respond or participate, you can seek a default divorce. However, this process still takes time and requires court approval.

Is mediation mandatory in Florida contested divorces?

Many Florida courts require couples to attempt mediation before trial, especially in cases involving child custody disputes. However, if mediation fails, the case can proceed to trial.

Navigating Contested Divorce with Brandon Legal Group

At Brandon Legal Group, we understand that a contested divorce can be a long and stressful process. Our experienced attorneys are committed to providing you with the strength and courage to face these challenges head-on.

We’ll work tirelessly to protect your rights and interests, whether through skilled negotiation in mediation or aggressive representation in court. We aim to resolve your divorce as efficiently as possible while ensuring a fair outcome.

Don’t let the complexity and duration of a contested divorce overwhelm you. Contact Brandon Legal Group today for a consultation. Let us put our expertise to work for you, guiding you through this challenging time with compassion and professional excellence.

Remember, while the journey may be long, it leads to a new beginning. Trust Brandon Legal Group to be your steadfast advocate and guide in navigating the intricacies of contested divorce in Florida.

References

These links provide reliable information about divorce processes in Florida from official sources. The first link leads to The Florida Bar’s consumer pamphlet on divorce, while the second link directs to the Florida Courts’ self-help resources for family law matters, including divorce.

 

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