There are two ways to go about getting a divorce. A contested divorce in Florida is just one option. Below is information on a contested vs uncontested divorce, how long can a contested divorce in Florid take, and much more related to a contested divorce in Florida.
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What is a Contested Divorce in Florida?
A contested divorce is one where you and your spouse engage in litigation related to dissolving your marriage.
The litigation is not about whether the divorce will be granted. Florida is a no-fault divorce state. This means that the court will grant the divorce even if one of the spouses wishes to remain married.
A spouse who decides to contest a divorce only because they want to remain married is going to lose on that question. The marriage will be dissolved at the end of the litigation. But the litigation to prevent the divorce will result a difficult and expensive process. It sounds harsh, but it is better to know this upfront.
You may be wondering, then, why is there a contested divorce action. Since there is no point in fighting to prevent a divorce in Florida, couples in a contested divorce can litigate everything else. This includes the division of property and debt, timesharing and parental responsibility with any minor children of the marriage, alimony questions, etc.
Contested Divorce vs Uncontested
If a contested divorce in Florida is one where the parties litigate, an uncontested divorce is one where the parties do not engage in litigation.
In an uncontested divorce, the parties work to complete the process with no divorce hearings or trial. They work to divide the property and debt involved. They also work on a timesharing schedule and parenting plan that works for their minor children and themselves, if there are minor children in the marriage. All is done without having a trial. If you would like to learn more about an uncontested divorce, including how to do it for a flat fee, see this page on uncontested divorces for a flat fee.
The Process of a Contested Divorce in Florida
In Florida, a contested divorce begins with filing the petition for dissolution of marriage and other required documents with the Clerk of the Court.
Once you file the initial documents, your spouse must be served with the divorce papers. Your spouse will then have twenty (20) days to file an answer and their own petition. If you are the one served with divorce documents, you have the same twenty (20) days to file an answer and a petition.
When you file the divorce, the Miami Family Court has an order that automatically applies. This Order is designed to maintain a status quo as to finances, disposition of assets, liabilities and children, if you have minor children of the marriage.
You and your spouse will have other obligations in the case, which have their own deadlines. These deadlines begin to run once your spouse has been served with the divorce papers, and related to the Florida Family Law Rules of Procedure, which you can find on this page of The Florida Bar.
How Long Can a Contested Divorce Take in Florida?
It is impossible to provide an exact period for a contested divorce in Florida from beginning to end.
It could take 6 months; it could take a year or more.
The time frame for your contested divorce will be dictated by rules of procedure in Family Law. The schedules of the judge and the attorneys involved can also affect the timeline. Much of the litigation in your case will depend on what the issues are and on your willingness–and that of your spouse–to attempt settlement.
Mostly, you and your spouse will be the ones who decide how long your divorce will take to complete. Are you both willing to compromise as to whatever the issues are in your divorce? Are either of you just creating litigation because one of you doesn’t want a divorce? Are either of you being vindictive with the other spouse? Is either one of you hiding property from the other? The answers to those questions is what will determine how long your divorce will take.
In our Family Court, you will be required to attend mediation before going to trial. This is an option to avoid a trial and the expense of litigation by trying to reach an agreement.
Representation in a Contested Divorce
You can choose to represent yourself in a contested divorce. If you decide to represent yourself in a contested divorce in Florida, you will be held to the same standards as those of a lawyer who is reasonably competent. And, you will be required to comply with all the rules of the Court and related to family law.
If you are served with divorce papers, you will have 20 days to take some action in the case. DO NOT ignore the time frame!
Most people cannot represent themselves ably. Legal representation in a family case is what divorce attorneys like myself do everyday.
Conclusion
A contested divorce in Florida is only one of the available ways in which you can do a divorce. It can take long, and will require you and your spouse to comply with various rules. The end of the process will be a divorce trial if you are unable to reach an agreement at mediation.
If you anticipate that yours will be a contested divorce, or if you have been served with petition for dissolution, consider scheduling a Divorce Case Assessment Session to learn more about your contested divorce.