Polk County’s Contested Divorce Lawyers
In Florida, a divorce is considered “contested” when one or both spouses disagree on one or more issues raised in the divorce petition or counterpetition. This disagreement can pertain to various aspects such as property division, child custody, spousal support, or any other matter relevant to the dissolution of the marriage. Although every marriage and individual has the issue that they care about the most, we at Mint Law most frequently see child custody as a primary sticking point. If/when this issue is solved through agreement between the parents or as part of mediation, the divorce can be finalized without trial, saving both parties money and stress.
The Steps of Contest Divorces in Florida
Although it may sometimes seem chaotic and disorganized, contested divorces in Florida follow a well-worn path. Like a (somewhat) well choreographed ballet, the baseline steps are:
- Filing the Petition: The process begins when one spouse (the petitioner) files a petition for dissolution of marriage in the circuit court. The petition must be served to the other spouse (the respondent) along with a summons.
- Response: The respondent has 20 days to file an answer to the petition. If the respondent disagrees with any of the issues raised, they must file a counterpetition.
- Temporary Orders: During the initial stages, the court may issue temporary orders to address immediate needs such as child custody, support, and use of marital assets. These orders remain in effect until the final judgment or further court order.
- Mandatory Disclosure: Both parties are required to comply with mandatory disclosure rules, which involve exchanging financial information and other relevant documents.
- Mediation: Florida law mandates that contested family law cases involving disputed issues must be referred to mediation. The parties are ordered to attend mediation to attempt to resolve their disputes amicably before proceeding to trial.
- Discovery: If mediation does not resolve all issues, the parties engage in the discovery process. This includes depositions, interrogatories, and requests for admissions to gather evidence and narrow down the issues for trial.
- Pre-Trial Motions and Hearings: The court may hold pre-trial hearings to address any preliminary issues, such as temporary support or custody arrangements, and to ensure that both parties are prepared for trial.
- Trial: If the parties cannot reach an agreement, the case proceeds to trial. Both parties present evidence and witnesses to support their claims. The court then makes determinations on all contested issues, including the division of marital assets and liabilities, child custody, and support .
- Final Judgment: After considering all evidence, the court issues a final judgment of dissolution of marriage. This judgment includes detailed findings on the distribution of assets, custody arrangements, and any other relevant matters.
- Post-Judgment Matters: After the final judgment, either party may file motions to modify or enforce the court’s orders if circumstances change or if there are issues with compliance.
Throughout the process, the court aims to mitigate the potential harm to the spouses and their children and to promote the amicable settlement of disputes. The contested divorce process can be complex and requires careful navigation of legal procedures and adherence to court rules.
When Can the Parties of a Contested Divorce Settle?
Parties in a contested divorce in Florida can settle their disputes at any point during the divorce process. Florida law strongly encourages the amicable settlement of disputes between parties to a marriage, as reflected in the purpose of Chapter 61 of the Florida Statutes, which aims to promote the amicable settlement of disputes and mitigate potential harm to the spouses and their children caused by the process of legal dissolution of marriage.
Mediation is a key component of the divorce process in Florida, and it is often mandatory in contested dissolution of marriage disputes unless waived by the court due to a significant history of domestic violence. Mediation allows the parties to resolve their issues on their own terms with the help of a neutral mediator, and it is generally seen as a cheaper, faster, and less stressful way of resolving disputes compared to litigation. The courts encourage parties to mediate early in the proceedings and prior to noticing the case for trial.
From a practical standpoint, coming to a resolution without a court ruling is usually better for both parties. First, trial is incredibly stressful, as the court will be deciding on the issue(s) at hand. But, even getting to the point of trial means that there will have been contested issues – and stress on the participants – for at least 18 months. Second, trial is expensive. Although we at Mint Law attempt to keep costs as low as possible with our unique fee structure, preparing for trial and the trial itself takes many, many attorney hours. Third, there usually isn’t a party that is completely victorious during trial. Many times, decisions on the issues will be split in favorability, leaving both parties disappointed with the results.
None of the above is meant to imply that trial isn’t sometimes necessary. In fact, Mint lawyers have tried countless divorce cases. However, many parties are better served settling on their own terms, out of court to avoid the cost and stress.
How Does Mint Bill For Contested Divorces?
The vast majority of divorce attorneys charge by the hour, drawing against what is usually a large retainer that has been deposited by the client. Once that retainer has been drawn down, the client will need to replenish the retainer before work begins again. Many divorces can end up stalled because budgeting for thousands of dollars in legal expenses at once can be quite challenging.
We at Mint fundamentally understand this issue. Most of our clients come to us during a time of transition, where they are incurring large costs from a number of sources including moving, new schools, new furniture, etc. To better serve our clients’ needs, we have two primary methods of charging for legal services.
Flat Fee:
- Requires a much lower initial retainer and then a flat monthly fee is charged through the end of mediation. Post mediation, fees are charged on a flat fee basis dependent upon the length of hearing/trial.
Hourly Fee:
- Requires a higher initial retainer, which is drawn against on an hourly basis for the work that is performed. May go weeks and/or months without fees but will continue to require replenishment of the retainer once work is anticipated.
Note that only a Mint Divorce attorney can determine which fee structure works best for your case. For instance, those with extenuating circumstances, large disparities in income, or any other matter that could and should involve large amounts of senior attorney time are better suited for the traditional hourly fee model. However, a healthy portion of contested divorces are candidates for the flat fee model, allowing our clients to easier budget their legal expenses.
A brief complimentary consultation will allow us to ascertain which model is best suited for your matter.
How Long Does a Contested Divorce Usually Last
Like all things related to the law, the answer depends on the specific facts of the matter. The number and subject of the “sticking points,” along with the participants’ personalities will play large rolls in determining the time that it takes to reach an agreement or verdict. However, in the best of scenarios, we at Mint Law have seen contested divorces finalized in as few as 6 months. In the worst of scenarios, a divorce can take longer than 2 years. Most divorces are finalized as some point between these two extremes.
Mint Lawyers Are Here For Your Contested Divorce
Hiring Mint Law Firm for a contested divorce in Florida ensures you have a team of seasoned attorneys with years of trial experience on your side. Our lawyers are not only skilled negotiators, but they also have a proven track record of successfully navigating complex divorce cases. We understand that contested divorces can be emotionally and financially draining, which is why we are committed to providing strategic, personalized representation to protect your interests and achieve the best possible outcome. Whether through aggressive courtroom litigation or careful negotiation, Mint Law Firm is dedicated to guiding you through every step of the divorce process with expertise and compassion.