Find Legal Topics > Divorce Laws > Contested Divorce in Florida

Contested Divorce in Florida


It is not always ideal to get a contested divorce in Florida as this is a lengthy process that generally involves proving the other spouse has fault in the failure of the marriage to work.  There are alternatives to a contested divorce in Florida, but in the event that such action is inevitable, you will certainly need a lawyer to help you work out the divorce proceedings and represent you in court.  Only through knowing, the appropriate grounds for divorce and exhausting all possibilities to negotiate a divorce or “work it out” and make the marriage function again, should a contested divorce in Florida be an option.

Problems with contested divorce in Florida

As is the case with all contested divorces, there runs the significant risk of battling a divorce for several months, creating resentment, affecting the children and racking up legal fees.  It is almost always better to try to negotiate through a contested divorce to eliminate some sticking points and move towards facilitating a quick end to the contested divorce issue.  Contested divorces are also public, which may become an embarrassment for some couples if others are noting their marital discord with interest.  Attempting to prove fault in divorce is contentious and disheartening work, which will lead to a lack of trust between the two parties.  A deteriorating relationship does not benefit from a contested divorce and the child often do not benefit from the results of a contested divorce.

The judge is authorized for contested divorces in Florida to order marital counseling before allowing couples to proceed with a divorce.  This is not used often, but is a possibility.  This is likelier to happen if there are children involved and the judge determines that the couple should try harder to make the marriage work before pursuing a contested divorce in Florida.

Process of a contested divorce

After the petition to divorce is filed, the judge will make a determination on if the case may proceed.  This may result in counseling or having the petition thrown out if it is on unsuitable grounds or fails to meet residency requirements.  After a discovery phase where each wide determines what the other spouse is seeking, the case will proceed, either contested or uncontested until its conclusion.

Shortening a contested divorce in Florida

You can shave time off a contested divorce in Florida by entering mediation or even aiming for an uncontested divorce, if possible.  During mediation, the two parties can come to agreements about certain aspects of the divorce, in the process resolving some matters that would otherwise take days in the courtroom.  Courts still have to certify and decide on uncontested divorces, but this is certainly faster than making lengthy “at fault” divorce arguments.

Grounds for divorce in Florida

Fault based divorces are exceptionally limited by Florida divorce lawyers.  Unlike other states, there are only two grounds for divorce, mental incompetence or the marriage is broken.  Incompetence can only be used if a judge has ruled the spouse incompetent for more than three years.

Related Topics