A concession on alimony affects your retirement.
A property division decision affects your liquidity for years.
A parenting plan shapes your relationship with your children for decades.
Contested divorce is rarely about one issue in isolation. It is about the cumulative outcome across everything in dispute, and a weak position on one issue can undermine your leverage on all the others.
Depending on what is contested, you could be facing:
Both parties exchange financial affidavits and supporting documentation under Florida Family Law Rule of Procedure 12.285. For high-asset clients, this stage requires careful legal strategy to ensure nothing is misrepresented, undervalued, or omitted.
The formal exchange of evidence between the parties. Discovery may include depositions, interrogatories, requests for production of documents, and subpoenas for banking, business, and financial records. In complex cases, forensic accountants, business valuators, and vocational evaluators may be retained.
Either party may seek temporary orders governing finances, spousal support, or parenting arrangements during the pendency of the case. Temporary orders often foreshadow the final outcome and must be addressed strategically from the start.
When mediation fails or is not appropriate, the case proceeds to trial before a circuit court judge. All disputed issues are decided by the judge based on the evidence and legal arguments presented. Preparation, credibility, and the quality of legal advocacy determine the outcome.
Once the court enters a Final Judgment of Dissolution of Marriage, all required asset transfers, account changes, QDRO filings, title updates, and beneficiary changes must be properly executed. Post-dissolution matters such as modification and enforcement may arise as circumstances change.
It requires genuine trial readiness, financial sophistication, and the strategic discipline to build a case that holds together under scrutiny, at the negotiating table, in mediation, and in front of a judge if it comes to that.
Timeline varies significantly based on complexity, the number of issues in dispute, and the court’s docket. Straightforward contested cases may resolve within six to twelve months. High-asset cases involving business valuations, expert witnesses, and extended discovery can take considerably longer. Cases that settle at or after mediation typically resolve faster than those that proceed to trial. We do not allow unnecessary delays and keep clients informed at every stage.
Not necessarily. The majority of contested divorces in Florida resolve before trial through negotiation or mediation, but the terms of that resolution are shaped by each side’s ability and willingness to go to trial. Having an attorney who is genuinely prepared to litigate gives you significantly more leverage at the negotiating table. Mayersohn Law Group prepares every case as if it will go to trial, whether it ultimately does or not.
Discovery is the formal exchange of financial information and evidence between the parties. It may include mandatory financial disclosures, depositions, interrogatories, requests for production of documents, and subpoenas for banking, business, and financial records. In high-asset cases, expert witnesses such as forensic accountants and business valuators are frequently involved. Discovery is one of the most strategically important phases of a contested divorce, what is uncovered here often determines the outcome of the entire case.
Yes. Florida does not permit jury trials in family law matters under Florida Statute Chapter 61. All disputed issues, property division, alimony, parenting arrangements, child support, are decided by a circuit court judge. This makes the quality of legal preparation and advocacy especially important: there is no jury to persuade, only a judge evaluating the evidence and legal arguments presented.
Equitable distribution under Florida Statute 61.075 means marital assets and liabilities are divided fairly, not necessarily equally, based on the specific circumstances of the case. Courts consider each spouse’s contributions to the marriage, the length of the marriage, each party’s economic circumstances, and other relevant factors. In contested cases, disputes often center on whether specific assets are classified as marital or separate property, how business interests are valued, and whether one spouse dissipated marital assets. How these issues are argued determines what each party walks away with.
Hidden assets are a significant issue in high-asset contested divorces. Discovery tools, including depositions, subpoenas for financial records, forensic accounting analysis, and interrogatories, are specifically designed to uncover assets that are concealed, undervalued, or improperly transferred. If a spouse is found to have deliberately hidden assets, Florida courts may sanction that conduct and adjust the distribution accordingly. Early and aggressive discovery is the most effective tool for addressing this before the case is resolved.
Yes. A prenuptial agreement can be challenged on grounds including lack of full financial disclosure at the time it was signed, involuntary execution, unconscionability, or failure to meet Florida’s execution requirements under Florida Statute 61.079. Successfully challenging or defending a prenuptial agreement requires careful legal analysis of the agreement itself, the circumstances under which it was signed, and the financial disclosures made at the time. These disputes are frequently among the most consequential issues in a high-asset contested divorce.
Florida law requires mediation before most contested family law matters proceed to trial under Section 44.102. Mediation is a structured negotiation process facilitated by a neutral third party, not a judge, and it is confidential. A significant number of contested divorces, including cases that appeared headed for trial, resolve at or after mediation. The outcome of mediation depends heavily on each side’s preparation, the strength of the evidence assembled, and the skill of the attorneys negotiating on their clients’ behalf.
