Quick Summary: When you’re facing divorce in Florida, one of the first questions you’ll encounter is whether your case will be contested or uncontested. This distinction isn’t just legal terminology, it shapes everything from how long your divorce takes to how much it costs and the level of stress you’ll experience along the way.
In this comprehensive guide, I’ll walk you through exactly what these terms mean, how they affect your case, and the strategic approach to getting the best possible outcome for your future.
I’ve guided countless clients through both types of divorce over my years practicing family law in Florida, and I understand that each situation is unique. Whether you’re just beginning to think about divorce or you’re in the middle of a complex case, understanding the difference between contested and uncontested divorce is crucial to making informed decisions about your future.
Let me be honest with you from the start: every divorce case has its own personality. Some begin as contested and evolve into amicable agreements. Others start with good intentions but hit roadblocks that require court intervention.
My role is to help you navigate whichever path you’re on with clarity, strategy, and unwavering support.
🔑 Key Takeaway
Understanding whether your divorce is contested or uncontested isn’t just about legal classification, it\’s about knowing what to expect, how to prepare, and what strategies will work best for your specific situation. The good news? Even if your case starts as contested, it doesn’t have to end that way.
At-a-Glance: Contested vs. Uncontested Divorce in Florida
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Definition | Spouses agree on all major issues | Spouses disagree on one or more issues |
| Typical Timeline | 1-3 months (after 20-day waiting period) | 6-18 months (or longer for complex cases) |
| Average Cost | $1,500 – $5,000 | $10,000 – $50,000+ |
| Court Appearances | Usually just one final hearing | Multiple hearings, possibly trial |
| Attorney Involvement | Recommended but less intensive | Essential and comprehensive |
| Mediation Required | Optional | Typically required by Florida courts |
| Emotional Impact | Lower stress, more control | Higher stress, more uncertainty |
| Outcome Control | You and your spouse decide | Judge makes final decisions if no settlement |
| Can Convert? | N/A – already agreed | Yes! Most contested cases settle before trial |
What Is an Uncontested Divorce in Florida?
An uncontested divorce means that you and your spouse have reached agreement on all the major issues in your case. You’re on the same page about everything that matters, and you’re ready to move forward with finalizing your divorce.
Think of an uncontested divorce like two business partners deciding to amicably dissolve their partnership. You both recognize the relationship isn’t working, but you can still work together to divide things fairly and move on with your lives.
What You Must Agree On for an Uncontested Divorce
In an uncontested divorce, both parties must reach complete agreement on:
- Division of Assets and Debts – How you’ll split marital property and non-marital property, including your home, vehicles, bank accounts, investments, and who will assume which debts
- Alimony (Spousal Support) – Whether support will be paid, the amount, duration, and type of alimony or if alimony will be waived entirely
- Child Custody and Timesharing – Where your children will primarily reside, how parenting time will be divided, and how major decisions about the children will be made (education, healthcare, religion)
- Child Support – The amount and payment schedule, who will claim children on taxes, and how expenses like private school tuition will be handled
- Parenting Plan Details – Comprehensive parenting plans covering holidays, vacations, transportation, and communication between parents and children
- Retirement Accounts – How retirement accounts and pensions will be divided, whether a QDRO (Qualified Domestic Relations Order) is needed
- Health Insurance – Who will maintain health insurance for the children, how uncovered medical expenses will be shared
- Life Insurance – Whether either party will maintain life insurance policies for the benefit of the children or former spouse
💡 Important to Understand
Even if you and your spouse agree on everything, having an experienced attorney review your settlement agreement is crucial. I’ve seen countless “friendly” divorces run into problems years later because important details weren’t properly addressed in the initial agreement. A few hundred dollars invested in proper legal guidance now can save you tens of thousands in legal fees later.
The Benefits of an Uncontested Divorce
When spouses can work together to resolve their issues, the advantages are substantial:
What Is a Contested Divorce in Florida?
A contested divorce occurs when you and your spouse cannot agree on one or more issues related to your separation. Here’s something important to understand: even if you agree on most matters, if there’s disagreement on just one significant issue, your divorce is considered contested.
It’s equally important to know this: starting with a contested divorce doesn’t mean your case will end that way. In fact, the vast majority of contested divorces eventually settle before trial. The key is working strategically to move your case toward resolution while protecting your interests every step of the way.
⚠️ Critical Reality Check
It’s completely normal for divorce cases to begin as contested. Emotions run high during separation. You and your spouse are viewing the situation from different perspectives, perspectives shaped by hurt, fear, anger, and uncertainty. I’ve seen this hundreds of times, and I want you to know: there’s nothing wrong with you if you can’t immediately agree on everything. That’s why I’m here, to help you navigate these disagreements strategically and work toward the best possible resolution.
Common Issues That Lead to Contested Divorces
In my years of practice, certain issues consistently create conflict in divorce cases. Understanding what typically causes contention can help you approach these issues more strategically:
Child-Related Disputes
These are often the most emotionally charged issues in any divorce. Parents may disagree about:
- Primary Residence: Which parent the children will primarily live with
- Timesharing Schedule: How parenting time is divided, including weekdays, weekends, holidays, and summer vacation
- Decision-Making Authority: Who makes major decisions about education, healthcare, religion, and extracurricular activities
- Relocation: Whether one parent can move with the children to another city or state
- School Choice: Whether children attend public school, private school, or are homeschooled
- Extracurricular Activities: Which activities children participate in and who pays for them
Florida law requires courts to make custody and timesharing decisions based on the best interests of the child, considering numerous factors including each parent’s ability to maintain a stable environment and encourage a relationship with the other parent.
Asset Valuation and Property Division
Disagreements about how to value and divide property can quickly turn a divorce contentious:
- Real Estate: Disputes about whether to sell the marital home or have one spouse buy out the other, and at what value
- Business Interests: Valuing a business that one or both spouses own, and determining if it’s marital or non-marital property
- Retirement Accounts: How to divide pensions, 401(k)s, and IRAs, especially when contributions were made both before and during the marriage
- Investment Portfolios: Dividing stocks, bonds, and other investments, particularly when market values fluctuate
- Personal Property: Who gets items of sentimental or significant monetary value (vehicles, jewelry, artwork, collectibles)
- Debt Allocation: Who is responsible for credit card debt, mortgages, car loans, and other liabilities
Alimony Disputes
Spouses often have vastly different views on spousal support:
- Entitlement: Whether alimony should be awarded at all
- Amount: How much support is appropriate given the circumstances
- Duration: How long support should continue (temporary, bridge-the-gap, rehabilitative, durational, or permanent alimony)
- Modification Terms: Whether and under what circumstances alimony can be modified in the future
- Impact of Retirement: How retirement affects alimony obligations
Hidden or Disputed Assets
When one spouse suspects the other is hiding money or assets, it creates fundamental distrust that must be resolved through discovery, forensic accounting, or other investigative measures. This significantly complicates the case and increases costs.
The Critical Importance of Reasonable Positions
Here’s something crucial that every client needs to understand, and I don’t mince words about this: if you’re going through a contested divorce, the positions you take matter tremendously.
Under Florida law, if you take an unreasonable position during your divorce,one that’s clearly not supported by the facts of your case or Florida statutes,you could face serious consequences that go beyond just losing on that particular issue.
What Happens When You Take an Unreasonable Position
Florida courts have the authority to award attorney’s fees against a party who takes an unreasonable position during divorce proceedings. Let me be crystal clear about what this means: you could end up paying not only for your own attorney, but for your spouse’s attorney as well.
I’ve seen cases where a spouse’s unreasonable conduct during divorce cost them $30,000, $50,000, or even more in attorney’s fees, both theirs and their spouse’s. This isn’t hypothetical. It happens.
⚠️ What Constitutes an “Unreasonable Position”?
According to Florida law and court precedent, a position is unreasonable if it:
- Is clearly contradicted by the evidence in your case
- Ignores established Florida family law principles
- Is taken purely to harass, delay, or increase costs for your spouse
- Has no legitimate legal or factual basis
- Continues to be pursued after you’ve been shown it has no merit
The Florida Family Law Rules of Procedure give courts broad authority to sanction parties for frivolous claims or unreasonable litigation conduct. Additionally, Florida Statute 61.16 specifically addresses attorney’s fees in family law cases.
How an Experienced Attorney Protects You (And Saves You Money)
This is where having a skilled divorce attorney becomes not just valuable, it becomes essential. Here’s how I help my clients avoid the pitfalls of unreasonable positions:
💡 Real Talk About Legal Fees
I know legal fees are a concern. Here’s the reality: spending $5,000 on strategic legal advice that prevents you from taking an unreasonable position is infinitely better than spending $50,000 in legal fees (yours and your spouse’s) after a judge sanctions you for that unreasonable position. Smart legal investment at the front end saves you exponentially more on the back end.
The Divorce Process: Contested vs. Uncontested (Detailed Breakdown)
Understanding how each type of divorce unfolds can help you prepare for what’s ahead and make informed decisions about your case.
Uncontested Divorce Timeline & Process
| Step | What Happens | Typical Timeframe |
|---|---|---|
| 1. Filing the Petition | One spouse (the “Petitioner”) files a Petition for Dissolution of Marriage with the circuit court in the appropriate Florida county, along with other required documents including a Financial Affidavit | Day 1 |
| 2. Service of Process | The other spouse (the “Respondent”) is officially served with the divorce papers. In uncontested cases, the Respondent often waives formal service | Days 1-7 |
| 3. Response Filed | The Respondent files an Answer and Waiver, agreeing to the divorce and the terms | Within 20 days of service |
| 4. Marital Settlement Agreement | Both parties sign a comprehensive Marital Settlement Agreement outlining all agreed-upon terms regarding property, support, and children | Weeks 2-6 |
| 5. Final Hearing | A brief hearing (often 15-30 minutes) where the judge reviews the agreement, asks a few questions, and typically approves the settlement | Weeks 4-12 |
| 6. Final Judgment | The judge signs the Final Judgment of Dissolution of Marriage, officially ending the marriage | Same day as hearing or within days |
Total Typical Timeline for Uncontested Divorce: 1-3 months after the mandatory 20-day waiting period from service of process.
Contested Divorce Timeline & Process
| Step | What Happens | Typical Timeframe |
|---|---|---|
| 1. Filing and Service | Same as uncontested: Petition filed and spouse formally served with divorce papers | Day 1 |
| 2. Response | The Respondent files an Answer and potentially a Counter-Petition, disputing certain terms or raising additional issues | 20 days after service |
| 3. Temporary Relief Hearing | If necessary, either party can request temporary orders regarding custody, support, or use of property while the case is pending | Weeks 4-8 |
| 4. Discovery Phase | Both parties exchange financial documents, answer interrogatories (written questions), may conduct depositions, and gather evidence. This can include subpoenas, requests for production, and expert evaluations | Months 2-6 |
| 5. Mediation | Florida courts typically require mediation before trial. A neutral mediator helps parties negotiate and attempt to reach settlement | Months 4-8 |
| 6. Pre-Trial Proceedings | If mediation doesn’t fully resolve issues, there may be pre-trial conferences, motion hearings, and final preparation for trial | Months 6-10 |
| 7. Trial | If settlement isn’t reached, the case goes to trial where a judge hears testimony, reviews evidence, and makes final decisions on all contested issues | Months 8-18 |
| 8. Final Judgment | The judge enters a Final Judgment based on the trial evidence or approved settlement agreement | Within days to weeks after trial |
Total Typical Timeline for Contested Divorce: 6-18 months, depending on case complexity, court schedule, and whether the case settles before trial. High-conflict cases with complex financial issues can take 2+ years.
🔑 Important Reality
Most contested divorces settle before reaching trial. According to Florida court statistics, fewer than 5% of divorce cases actually go to trial. The majority settle during mediation or through ongoing negotiations. However, you must be prepared for trial in order to negotiate from a position of strength. As the saying goes: “Prepare for war, but hope for peace.”
Cost Breakdown: What to Realistically Expect
Let’s talk candidly about costs, because this is one of the first questions everyone asks, and for good reason.
Uncontested Divorce Costs
| Expense Category | Estimated Cost | Notes |
|---|---|---|
| Court Filing Fee | $409 | Required in Florida; may vary slightly by county |
| Service of Process | $50-100 | If formal service required (can be waived in uncontested) |
| Attorney’s Fees (if hired) | $1,500-5,000 | Varies based on complexity of assets and agreement drafting |
| Parenting Course (if children) | $25-50 | Required by Florida law for parents |
| TOTAL ESTIMATED COST | $2,000-5,500 | Can be split between parties in many cases |
Contested Divorce Costs
| Expense Category | Estimated Cost | Notes |
|---|---|---|
| Court Filing Fee | $409 | Same as uncontested |
| Service of Process | $50-100 | Usually required |
| Attorney’s Fees (Initial Retainer) | $5,000-15,000 | Upfront retainer; more needed as case progresses |
| Attorney’s Fees (Total Case) | $10,000-50,000+ | Depends on length and complexity; trial significantly increases costs |
| Mediation Fees | $1,500-3,000 | Usually split between parties; may require multiple sessions |
| Discovery Costs | $1,000-5,000 | Depositions, document production, subpoenas |
| Expert Witnesses | $2,000-15,000+ | If needed: real estate appraisers, business valuators, forensic accountants, child psychologists |
| Guardian ad Litem (if appointed) | $2,500-10,000 | If court appoints for child custody issues; usually split between parties |
| Parenting Course (if children) | $25-50 each | Required by Florida law |
| TOTAL ESTIMATED COST | $15,000-100,000+ | High-conflict or complex cases can exceed these ranges |
⚠️ Cost Reality Check
These are general ranges, and every case is different. I’ve seen simple contested divorces resolve for under $10,000, and I’ve seen complex high-net-worth divorces exceed $200,000 when both parties refuse to compromise. The single biggest factor in controlling costs? Your willingness to be reasonable and work toward settlement rather than viewing every issue as a battle to be won.
When and How Contested Divorces Become Uncontested
Here’s some genuinely good news: the majority of contested divorces eventually settle before trial. As I mentioned earlier, starting with a contested divorce doesn’t mean you’ll end with one. Understanding how and why cases transform from contested to uncontested can help you navigate your own situation more effectively.
Factors That Move Contested Cases Toward Settlement
💡 My Approach to Settlement
I always prepare every case as if it’s going to trial: building a strong evidentiary record, preparing witnesses, developing legal arguments. But I simultaneously pursue settlement opportunities at every stage. Why? Because preparing for trial gives you leverage in negotiations. The other side knows you’re ready, willing, and able to go to court if necessary. That’s how you negotiate from strength rather than weakness.
Special Considerations in Florida Divorce Law
Florida has specific laws that affect how divorces proceed, regardless of whether they’re contested or uncontested. Understanding these foundational principles helps you know what to expect.
Florida Is a No-Fault Divorce State
One important thing to understand: Florida is a pure no-fault divorce state. This means you don’t have to prove your spouse did something wrong to get divorced. You simply need to show that your marriage is “irretrievably broken,” in other words, there’s no reasonable prospect of reconciliation.
While factors like infidelity can impact certain aspects of your divorce in limited circumstances (such as alimony considerations when adultery involves wasteful use of marital assets), they don’t determine whether you can get divorced in the first place.
💡 What “No-Fault” Means For Your Case
Many clients come to me wanting to expose their spouse’s wrongdoing in court: infidelity, substance abuse, poor parenting, financial irresponsibility. While these factors may be relevant for custody or alimony decisions, judges don’t want to hear lengthy testimonies about who did what wrong during the marriage. Florida courts focus on practical matters: dividing property fairly, determining appropriate support, and protecting children’s best interests. Save your energy for the issues that actually matter legally.
Florida’s Equitable Distribution Law
Florida follows “equitable distribution” for dividing marital assets and liabilities. Equitable does not necessarily mean equal (50/50). Instead, it means fair distribution based on the specific circumstances of your case.
According to Florida Statute 61.075, courts consider numerous factors when dividing property:
- The contribution of each spouse to the marriage, including contributions to the care and education of the children and services as a homemaker
- The economic circumstances of the parties
- The duration of the marriage
- Any interruption of personal careers or educational opportunities of either party
- The contribution of one spouse to the personal career or educational opportunity of the other spouse
- The desirability of retaining any asset, including an interest in a business, intact and free from any claim or interference by the other party
- The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both marital and nonmarital assets
- The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing
- Any other factors necessary to do equity and justice between the parties
Understanding Marital vs. Non-Marital Property
One of the most common sources of conflict in Florida divorces is determining what property is marital (subject to division) versus non-marital (belonging solely to one spouse).
| Property Type | Definition | Examples |
|---|---|---|
| Marital Property | Assets and liabilities acquired during the marriage, regardless of whose name is on the title |
• Family home purchased during marriage • Retirement contributions made during marriage • Vehicles purchased during marriage • Income earned during marriage • Increase in value of non-marital assets due to marital efforts |
| Non-Marital Property | Assets acquired before marriage, by inheritance, or by gift to one spouse individually (with some exceptions) |
• Assets owned before marriage (if kept separate) • Inheritance received by one spouse alone • Gifts specifically to one spouse • Property excluded by valid prenuptial agreement • Income derived from non-marital assets (if kept separate) |
| Commingled Property | Non-marital property that became marital property through mixing with marital assets or joint efforts |
• Inherited money deposited into joint account • Pre-marital home where both spouses paid mortgage • Non-marital investment account where marital funds added |
⚠️ Common Mistake: Assuming “My Name = My Property”
One of the biggest misconceptions I encounter: “The car is in my name, so it’s mine.” That’s not how Florida law works. If an asset was acquired during the marriage with marital funds, it’s generally marital property regardless of whose name appears on the title. The same applies to debts,if your spouse racked up credit card debt during the marriage, you may be partially responsible even if your name isn’t on the account.
Child Custody: Best Interests of the Child Standard
Florida law doesn’t use the term “custody” anymore, it\’s been replaced with “parental responsibility” and “timesharing.” But the principle remains the same: decisions must be based on the best interests of the child.
Under Florida Statute 61.13, courts consider approximately 20 different factors, including:
- The capacity of each parent to maintain a routine and provide a stable environment
- Each parent’s demonstrated capacity and disposition to facilitate and encourage a close and continuing relationship between the child and the other parent
- The anticipated division of parental responsibilities after the litigation
- The reasonable preference of the child, if the child is of sufficient intelligence, understanding, and experience
- Each parent’s moral fitness
- The mental and physical health of both parents
- The home, school, and community record of the child
- The permanence of the existing or proposed custodial home
- Evidence of domestic violence, child abuse, child neglect, or abandonment
- Evidence that either parent has knowingly provided false information to the court
🔑 The #1 Factor Judges Consider
In my experience, the single most important factor in custody decisions is each parent’s willingness to facilitate a relationship between the child and the other parent. Judges strongly favor parents who encourage healthy relationships with the other parent over those who try to limit or interfere with that relationship. If you bad-mouth your ex in front of your kids or make it difficult for them to see the other parent, you’re actually hurting your own case.
Making the Decision: Can Your Case Settle?
If you’re wondering whether your contested case can become uncontested, or whether you should even try to work out an agreement with your spouse, ask yourself these honest questions:
Self-Assessment: Is Settlement Possible in Your Case?
You don’t need to be best friends or even particularly friendly. But can you exchange information? Can you have a conversation about the kids or finances without it immediately becoming a screaming match? If there’s any channel of communication,email, text, through attorneys, settlement is possible.
Or is one spouse making demands that aren’t supported by law or facts? For example, if your spouse is demanding 100% of the retirement account that was built during a 20-year marriage, that’s unrealistic. If you’re demanding sole custody when you work 80 hours a week and your spouse has been the primary caregiver, that’s equally unrealistic.
Settlement requires give and take on both sides. You won’t get everything you want, and neither will your spouse. The question is: can you accept 80% of what you want if it means avoiding 12 months of litigation and $30,000 in legal fees?
Hidden assets or dishonesty about finances make settlement extremely difficult. If you have reason to believe your spouse is hiding money, expect discovery to be extensive and settlement to be delayed until all financial information is uncovered.
While anger and hurt are completely normal during divorce, the question is: can you make decisions based on your long-term interests rather than short-term emotions? Can you see past today’s anger to think about where you want to be in five years?
If there’s a history of domestic violence, emotional abuse, or control, settlement may be more difficult because the power dynamic is unbalanced. In these cases, having a strong attorney advocate for you becomes even more critical, and you may need additional protections through domestic violence injunctions.
If you answered “yes” to most of these questions (excluding the abuse question), there’s a good chance your contested case can eventually become uncontested with the right strategy and guidance.
Why Strategic Legal Guidance Makes All the Difference
Whether your divorce is contested or uncontested, having experienced legal representation fundamentally changes your outcome. Let me explain why,not as a sales pitch, but as practical reality based on years of practice.
Even in Uncontested Divorces, You Need Legal Protection
Some couples believe they can save money by handling an uncontested divorce themselves without attorneys. I understand the impulse,you’re agreeing on everything, so why pay for a lawyer?
Here’s why: even when you agree on outcomes, there are countless technical and legal requirements that must be met for your divorce to be legally valid and enforceable. I’ve seen too many “friendly” divorces create problems years later because:
- The settlement agreement didn’t address tax implications of property transfers
- Retirement account divisions weren’t properly documented with QDROs
- Vague language in the agreement led to disputes about what was actually agreed upon
- Important issues were overlooked entirely (like future college expenses for children)
- One spouse unknowingly agreed to terms that weren’t in their best interest
- The agreement didn’t comply with Florida law and wasn’t enforceable
An experienced attorney ensures your settlement agreement properly addresses all legal requirements, protects your rights, and avoids future problems. Think of it as insurance,you’re investing a few thousand dollars now to prevent tens of thousands in problems later.
In Contested Divorces, An Experienced Attorney Is Essential
If your divorce is contested, trying to represent yourself is like performing surgery on yourself,it’s theoretically possible, but the outcome probably won’t be good. Here’s what I provide in contested cases:
Common Myths About Contested vs. Uncontested Divorce (Debunked)
Let’s clear up some common misconceptions I hear regularly:
Myth #1: “An uncontested divorce means we don’t need lawyers”
Reality: Even when you agree on everything, having legal guidance ensures your agreement is fair, complete, and legally enforceable. The few thousand dollars you invest in proper legal representation now can save you tens of thousands in problems later. I’ve never had a client tell me they regretted hiring an attorney for their uncontested divorce. I have, however, had many clients tell me they regretted NOT hiring one when they tried to do it themselves.
Myth #2: “A contested divorce means we’ll definitely go to trial”
Reality: Less than 5% of divorce cases actually go to trial. The vast majority settle at some point during the process,often during mediation, sometimes on the courthouse steps the day before trial. Being prepared for trial often leads to settlement because the other side knows you’re serious.
Myth #3: “If we start contested, we have to stay contested”
Reality: Cases frequently move from contested to uncontested as issues get resolved through negotiation, mediation, or simply the passage of time and changing perspectives. I’ve had cases that started with 15 contested issues and ended with a complete settlement agreement after productive mediation.
Myth #4: “The person who files first has an advantage”
Reality: While there can be strategic considerations about who files first, Florida law treats both parties equally regardless of who initiated the divorce. Being the Petitioner versus the Respondent doesn’t give you any inherent legal advantage in the outcome.
Myth #5: “If my spouse won’t agree, I have to stay married”
Reality: In Florida, you don’t need your spouse’s permission to get divorced. Florida is a true no-fault state. If you can show the marriage is irretrievably broken, the court will grant a divorce even if one party objects. Your spouse can delay the process by being difficult, but they cannot prevent you from ultimately getting divorced.
Myth #6: “Contested divorces always cost $50,000+”
Reality: While contested divorces are certainly more expensive than uncontested ones, the cost depends heavily on how reasonably both parties behave and whether they’re willing to settle. I’ve resolved contested divorces for under $10,000 when both parties were reasonable and willing to compromise. Conversely, I’ve seen cases exceed $100,000 when both parties refused to budge on every issue. Your behavior and willingness to settle is the biggest factor in controlling costs.
Myth #7: “If we use mediation, we don’t need attorneys”
Reality: Mediators are neutral third parties,they don’t represent either spouse. While mediators can help facilitate productive discussions, they cannot give you legal advice about whether a proposed settlement is fair or in your best interest. Having your own attorney review any mediation agreement before you sign is crucial.
What to Do If Your Spouse Is Being Unreasonable
One of the most frustrating situations in divorce is when your spouse takes unreasonable positions or refuses to negotiate fairly. If you’re facing this situation, don’t lose hope. There are strategic approaches to address unreasonable behavior:
⚠️ A Word of Caution
Sometimes what seems “unreasonable” to you might actually be reasonable under Florida law,or vice versa. This is precisely why you need an experienced attorney who can give you an objective assessment. I’ve had clients come to me certain their spouse was being ridiculous, only to discover that their spouse’s position was actually quite reasonable under Florida law. I’ve also had the opposite situation. An experienced attorney can tell you the difference.
Questions to Ask During Your Initial Attorney Divorce Consultation
When you meet with a divorce attorney for an initial consultation, come prepared with thoughtful questions. Here are the questions I recommend asking,and the questions prospective clients ask me:
An experienced attorney can usually tell within the first 30 minutes of a consultation whether your case will likely be contested, based on the issues involved and your description of your spouse’s likely positions.
This reveals whether the attorney thinks strategically or just processes paperwork. You want an attorney who can articulate a clear plan for moving your case toward resolution.
This is where you separate attorneys who tell you what you want to hear from attorneys who tell you what you need to hear. Be wary of anyone who promises specific outcomes or tells you everything you want is easily achievable.
While no attorney can predict exact timelines, an experienced one can give you realistic ranges and explain what variables affect the timeline.
A good attorney will give you realistic cost ranges and explain strategies for controlling expenses, like being organized, responding promptly to requests, and being reasonable about settlement.
Experience matters. You want an attorney who has successfully handled cases involving the specific issues in your case, whether that’s complex property division, custody disputes, or high-conflict litigation.
Communication is crucial. You want to know whether you’ll be working primarily with the attorney or with paralegals and staff, and what response times to expect.
This shows whether the attorney is interested in empowering you to be part of the solution rather than just a passive client.
You want an attorney who values settlement but isn’t afraid of trial,someone who will prepare thoroughly for court while simultaneously pursuing reasonable settlement opportunities.
Frequently Asked Questions (FAQs)
An uncontested divorce in Florida typically takes 1-3 months after filing, though you must wait at least 20 days from the date your spouse is served before the divorce can be finalized.
The exact timeline depends on your county’s court schedule, how quickly you can complete the necessary paperwork, and whether you’ve properly addressed all required elements in your settlement agreement. Some counties like Miami-Dade and Broward may have longer wait times for final hearings due to court volume.
A contested divorce usually takes 6-18 months, though complex cases can take longer.
The timeline depends on several factors including the number of disputed issues, the court’s schedule, the need for discovery and expert witnesses, whether temporary relief hearings are required, the effectiveness of mediation, and whether the case proceeds to trial. High-conflict cases with extensive assets or complex custody disputes can take 2+ years to fully resolve.
Absolutely yes. In fact, most contested divorces eventually settle before trial.
As parties exchange information through discovery, participate in mediation, gain perspective with time, and better understand the costs and risks of trial, many disputes resolve themselves. With strategic legal guidance and effective negotiation, you can often convert a contested case into an uncontested settlement.
I’ve seen cases with a dozen contested issues ultimately settle completely after productive mediation.
If parents cannot agree on custody (called “timesharing” and “parental responsibility” in Florida) and parenting arrangements, the court will make the decision based on the best interests of the child.
Florida law considers approximately 20 factors including each parent’s ability to provide a stable environment, the child’s relationship with each parent, each parent’s willingness to encourage a relationship with the other parent, the child’s home and school adjustment, the mental and physical health of all parties, evidence of domestic violence or substance abuse, and the child’s reasonable preference if they’re of sufficient age and maturity.
The court may also appoint a guardian ad litem to represent the child’s interests or order a social investigation.
Contested divorce costs in Florida typically range from $10,000 to $50,000 or more, depending on the complexity of issues, length of litigation, and whether the case goes to trial.
Costs include attorney’s fees, court filing fees (approximately $409), service of process fees, mediation fees ($1,500-3,000), expert witness fees (appraisers, forensic accountants, child psychologists), discovery costs (depositions, subpoenas), and potentially guardian ad litem fees if appointed.
High-net-worth or high-conflict cases can exceed $100,000. The biggest factor in controlling costs is your willingness to be reasonable and work toward settlement rather than fighting every issue.
While you’re not legally required to have an attorney for an uncontested divorce, it’s highly recommended,even for “friendly” divorces.
An experienced attorney ensures your settlement agreement properly addresses all legal requirements, protects your rights, complies with Florida law, addresses tax implications, properly documents retirement account divisions, includes enforceable language, covers issues you might not have considered, and avoids future problems.
I’ve seen countless “amicable” divorces create expensive problems years later because important details weren’t properly handled. Spending $2,000-3,000 on proper legal guidance now can save you $20,000-30,000 in problems later.
Common contested issues include: disagreements about child custody and timesharing arrangements, disputes over property division and asset valuation, disagreements about alimony amount or duration, child support calculations, division of retirement accounts and pensions, business valuation and ownership, hidden or disputed assets, allocation of debts, payment of children’s private school or college expenses, who claims children on taxes, health insurance coverage, life insurance requirements, and relocation requests. Even one unresolved issue technically makes the divorce “contested,” though the term usually refers to cases with significant disagreement on major issues.
Yes, absolutely. You can convert your case at any point before trial. Once you and your spouse reach agreement on all outstanding issues, whether through informal negotiation, formal mediation, or ongoing settlement discussions,you can file a comprehensive settlement agreement with the court and proceed with an uncontested final hearing. Many contested cases resolve during the mediation process, which Florida courts typically require before allowing a trial. The key is having experienced legal representation that can help facilitate productive settlement discussions while protecting your interests.
If your spouse refuses to participate or cannot be located, you can still obtain a divorce through “default” proceedings. You’ll need to properly serve your spouse (or use alternative service methods authorized by the court if they can’t be found), file proof of service with the court, and wait the required time period. If they don’t respond within the required timeframe (20 days in Florida), you can request a default judgment. However, you must follow Florida’s specific procedural requirements carefully, so having an attorney guide you through this process is essential. Note that even with a default, you may be limited in what relief the court can grant regarding property or support if proper service wasn’t achieved.
Florida courts consider a position unreasonable if it lacks a legitimate factual or legal basis, is contradicted by clear evidence, ignores established Florida family law principles, is pursued primarily to harass, delay, or increase costs for the other party, or continues to be asserted after being shown to have no merit. Courts have broad discretion under Florida Statute 61.16 and the Florida Family Law Rules of Procedure to award attorney’s fees against parties (and sometimes even their attorneys) who take unreasonable positions. This is why strategic legal guidance is crucial,an experienced attorney helps you understand which positions are reasonable and sustainable under Florida law before you commit to them.
Florida requires a 20-day waiting period from the date the respondent (the spouse who didn’t file) is served with divorce papers before a divorce can be finalized. This applies to both contested and uncontested divorces. The only exception is if there are allegations of domestic violence,in those cases, the court may waive the waiting period. This is a minimum waiting period; most divorces take longer than 20 days due to paperwork preparation, court scheduling, and resolution of issues.
Yes, mediation is often highly effective at resolving contested issues. Florida courts typically require mediation in contested divorce cases before allowing a trial.
During mediation, a neutral third party helps you and your spouse negotiate and reach agreements on disputed issues. Mediation has several advantages: it’s less expensive than litigation, it’s confidential (unlike court proceedings), it gives you more control over outcomes, it’s less adversarial than court, and it can preserve better co-parenting relationships.
Many contested cases fully settle during or after mediation. Even if some issues remain unresolved, mediation often narrows the issues for trial, saving time and money. Success rates for mediation in family law cases are quite high,often 70-80% of cases settle through mediation.
No. Florida law specifically prohibits gender-based preferences in custody decisions. Florida Statute 61.13 requires courts to make custody decisions based solely on the best interests of the child, without regard to the sex of the parent. Both mothers and fathers start on equal footing legally.
However, practical factors like which parent has been the primary caregiver, which parent’s work schedule better accommodates childcare, and which parent has been more involved in the children’s education and activities will influence custody decisions.
The goal is determining what arrangement best serves the children’s interests, not favoring one parent based on gender.
Florida doesn’t use the terms “legal custody” and “physical custody”,instead, we use “parental responsibility” and “timesharing.”
Parental responsibility (similar to legal custody) refers to decision-making authority for major issues affecting the child: education, healthcare, religion, and extracurricular activities. This can be shared (both parents make major decisions together) or sole (one parent has final decision-making authority).
Timesharing (similar to physical custody) refers to the schedule of when the child is with each parent. Florida courts create detailed parenting plans that specify exactly when children are with each parent, including regular schedules, holidays, vacations, and transportation arrangements.
The presumption in Florida is that shared parental responsibility is in the child’s best interest unless there’s evidence that shared decision-making would be detrimental to the child.
Taking the Next Step: Your Strategy Consultation
Whether your divorce is contested or uncontested, you don’t have to navigate this alone. And you shouldn’t.
I’ve spent my career helping people through some of the most difficult transitions of their lives. I understand the emotional weight you’re carrying right now,the fear of the unknown, the anger about what’s happened, the worry about your children, the stress about finances, the grief over the end of your marriage. All of it is valid, and all of it is part of this process.
But here’s what I also know: you will get through this. With the right guidance, strategic planning, and strong advocacy, you will emerge from this divorce with your finances protected, your relationship with your children intact, and your future secure.
Your situation is unique, and you deserve personalized attention and a strategy tailored to your specific needs and goals. During a strategy consultation, we’ll discuss:
- The specific facts of your case and what makes it unique
- Whether your divorce is likely to be contested or uncontested
- Realistic expectations for outcomes on custody, property, and support issues
- A strategic roadmap for moving your case toward resolution
- Estimated timelines and costs based on your specific situation
- Immediate steps you can take to protect your interests
- How we can work together to achieve the best possible outcome for your future
🔑 What Makes Our Approach Different
I don’t just process divorce paperwork,I develop strategic plans tailored to each client’s unique situation. I combine extensive trial experience with strong negotiation skills, preparing every case as if it’s going to trial while simultaneously pursuing settlement opportunities. I provide honest, reality-based advice even when it’s not what you want to hear, because you deserve to know where you really stand. And throughout this difficult process, I provide not just legal expertise but genuine support and guidance as you navigate one of life’s most challenging transitions.
You can reach me directly at 954-990-9307 to schedule your strategy consultation, or you can book online at your convenience.
If you’d like to learn more about the divorce process in Florida, I encourage you to explore these resources:
- The Florida Divorce Process Explained – A comprehensive guide to what happens at each stage
- Florida Divorce Guide and Resources – Essential information for anyone considering or going through divorce
- 10 Secrets to Every Successful Divorce – Critical insights that can make or break your case
- Florida Divorce Podcast – In-depth discussions about divorce issues in Florida
💡 Free Resources Available
I believe in educating clients and empowering them with knowledge. That’s why I’ve created extensive free resources about Florida divorce law. Explore our articles, watch our educational videos, and attend one of our live webinars. The more you understand about the process, the better equipped you’ll be to make informed decisions about your future.
Remember: every divorce case is different, but you don’t have to face yours alone. Whether your case is contested or uncontested, simple or complex, amicable or high-conflict, I’m here to provide the strategic guidance and strong advocacy you need to move forward with confidence.
Let’s start planning your path forward today.
Or call 561-782-1320 to speak with our team
Disclaimer: This article provides general information about Florida divorce law and is not intended as legal advice for your specific situation. Every divorce case is unique, and outcomes depend on the specific facts and circumstances involved. For personalized legal advice about your case, please schedule a consultation with an experienced Florida family law attorney.
