Coral Springs Contested Divorce Lawyer
Understanding Contested Divorce in Coral Springs, FL
Divorce is never an easy decision, but when spouses cannot agree on key issues, the process can become even more challenging. A contested divorce occurs when both parties disagree on one or more aspects of their separation, such as child custody, asset division, or alimony. In Coral Springs, Florida, contested divorces follow a structured legal process that involves court intervention to resolve disputes.
Williams & Varsegi, LLC provides experienced legal representation for individuals navigating contested divorces. Our firm understands the complexities of Florida divorce law and is dedicated to protecting your rights and achieving a fair resolution. Whether negotiating settlements, preparing for litigation, or advocating for you in court, our Coral Springs contested divorce lawyers ensure that you receive skilled legal guidance at every stage.
How the Contested Divorce Process Works
A contested divorce involves several legal steps, each designed to ensure that both parties present their case and that the court issues a fair ruling. The process includes:
Filing the Petition for Divorce
One spouse, known as the petitioner, initiates the divorce by filing a Petition for Dissolution of Marriage with the Broward County Clerk of Courts. This document outlines the petitioner’s requests regarding property division, alimony, child custody, and other relevant matters.
Serving the Divorce Papers
The petitioner must formally serve the divorce papers to the other spouse, known as the respondent. This can be done through a process server, sheriff, or, in some cases, by the respondent voluntarily accepting service. The respondent has 20 days to file an official response, either agreeing or contesting the claims made in the petition.
Discovery and Gathering Evidence
If the spouses disagree on critical issues, the discovery process allows both sides to gather evidence and information to support their claims. This phase includes:
- Financial disclosures
- Interrogatories (written questions that must be answered under oath)
- Depositions (formal statements taken under oath)
- Requests for production of documents such as tax returns, bank statements, and property records
Mediation and Settlement Negotiations
Before a contested divorce goes to trial, Florida courts require both parties to attempt mediation. A neutral mediator facilitates discussions to help reach a mutual agreement on disputed matters. If mediation is successful, the court can finalize the divorce without a trial. If no agreement is reached, the case proceeds to court.
Pre-Trial Hearings and Motions
Before the final trial, attorneys may file various motions and attend pre-trial hearings to address legal issues, request temporary relief orders, or clarify disputes. Temporary orders may be issued regarding child support, spousal support, or living arrangements while the divorce is ongoing.
Divorce Trial and Court Judgment
If no settlement is reached, the divorce case goes to trial, where both parties present evidence and testimony before a judge. The judge evaluates the arguments, considers applicable Florida laws, and issues a Final Judgment of Dissolution of Marriage, resolving all contested issues.
Common Issues in Contested Divorce
Contested divorces often involve disputes over financial, parental, and property-related matters. Resolving these issues requires careful legal strategy and a thorough understanding of Florida divorce law.
Division of Assets and Debts
Florida follows an equitable distribution model, meaning that marital assets and debts are divided fairly but not necessarily equally. Disputes over property ownership, bank accounts, real estate, retirement funds, and business interests are common in contested divorces. Williams & Varsegi, LLC helps ensure that your financial interests are protected throughout this process.
Child Custody and Parenting Plans
Parental disputes are among the most emotionally challenging aspects of contested divorce. Florida law prioritizes the child’s best interests when determining custody arrangements. Parents must develop a legally compliant Parenting Plan that addresses:
- Timesharing schedules
- Parental decision-making authority
- Communication and transportation arrangements
If parents cannot agree, the court will make custody determinations based on factors such as the child’s needs, parental involvement, and stability of each household.
Child Support Determinations
Child support is calculated using Florida’s statutory guidelines, considering factors like parental income, healthcare costs, and childcare expenses. Contested divorces often involve disputes over income calculations or additional expenses for the child’s education, medical needs, or extracurricular activities.
Alimony Disputes
Spousal support, or alimony, is a frequent point of contention in contested divorces. Florida recognizes several types of alimony, including:
- Bridge-the-gap alimony (short-term financial support)
- Rehabilitative alimony (support for education or job training)
- Durational alimony (set for a specific time)
- Permanent alimony (ongoing support for long-term marriages)
The court considers factors such as the length of the marriage, financial need, and each spouse’s earning capacity when awarding alimony.
Hidden Assets and Financial Fraud
In some contested divorces, one spouse may attempt to hide assets or manipulate financial records to avoid fair distribution. Forensic accounting and financial investigations can uncover hidden bank accounts, undervalued businesses, or concealed investments.
Florida Laws Applicable to Contested Divorce
Residency Requirement
One spouse must have lived in Florida for at least six months before filing for divorce. Residency is established through a Florida driver’s license, state-issued ID, or third-party testimony.
No-Fault Divorce
Florida is a no-fault divorce state, meaning neither spouse must prove wrongdoing to obtain a divorce. However, issues such as adultery or financial misconduct may still impact asset division and alimony decisions.
Best Interests of the Child Standard
When determining custody and parenting plans, Florida courts use the best interests of the child standard. Factors considered include:
- Each parent’s ability to provide a stable home environment
- The child’s relationship with each parent
- Any history of domestic violence or substance abuse
Coral Springs Courthouse Information
Contested divorce cases for Coral Springs residents are handled at the Broward County Central Courthouse in Fort Lauderdale.
Broward County Central Courthouse – Family Division
201 SE 6th St, Fort Lauderdale, FL 33301
Phone: (954) 831-6565
Website: www.browardclerk.org
Court proceedings for contested divorces can take months or even years, depending on the complexity of the case. Williams & Varsegi, LLC helps clients navigate these legal proceedings efficiently and effectively.
Florida Divorce FAQs
What are the residency requirements for filing for divorce in Florida?
At least one spouse must have lived in Florida for at least six months before filing for divorce. Proof of residency can be established with a Florida driver’s license, state ID, or witness testimony.
Is Florida a no-fault divorce state?
Yes, Florida is a no-fault divorce state, meaning neither spouse has to prove wrongdoing. The only requirement is stating that the marriage is “irretrievably broken.”
How long does a divorce take in Florida?
The timeline varies depending on whether the divorce is uncontested or contested. An uncontested divorce can be finalized in a few months, while a contested divorce may take a year or more.
How is property divided in a Florida divorce?
Florida follows equitable distribution laws, meaning marital property is divided fairly, but not necessarily equally. Courts consider factors such as each spouse’s contributions, financial needs, and earning potential.
Will I have to pay alimony after my divorce in Florida?
Alimony is determined based on factors like the length of the marriage, each spouse’s income, and the standard of living during the marriage. Florida allows for different types of alimony, including temporary, rehabilitative, and permanent support.
How is child custody determined in Florida divorces?
Florida courts prioritize the best interests of the child when determining parenting time and custody. Factors include each parent’s ability to provide stability, the child’s needs, and any history of abuse or neglect.
How is child support calculated in Florida?
Florida uses a standard formula based on each parent’s income, healthcare costs, childcare expenses, and the number of overnights the child spends with each parent.
Can I modify a divorce agreement after it has been finalized?
Yes, modifications to child custody, child support, and alimony may be requested if there has been a significant change in circumstances, such as job loss or relocation.
Do both spouses have to agree to a divorce in Florida?
No, one spouse can file for divorce even if the other does not agree. If one spouse refuses to respond, the court may proceed with a default divorce.
Do I need a lawyer for my Florida divorce?
While it is not legally required, hiring an experienced divorce attorney can help ensure your rights are protected, especially in contested cases involving assets, alimony, or child custody.
Serving Throughout Coral Springs
- Wyndham Lakes
- Heron Bay
- Eagle Trace
- Cypress Run
- Maplewood
- Coral Springs Country Club
- Kensington
- The Isles
- Ramblewood
- Westview
How Williams & Varsegi, LLC Can Help
Experienced Legal Representation
Contested divorces require skilled legal advocacy to protect your rights and interests. Williams & Varsegi, LLC provides strategic representation in negotiations, mediation, and court litigation.
Negotiation and Mediation Support
We work to resolve disputes through mediation whenever possible, helping clients reach agreements that avoid the stress and expense of trial. If settlement negotiations fail, we are fully prepared to advocate for you in court.
Financial Protection and Asset Division
Our attorneys ensure that all financial matters, from property division to spousal support, are handled fairly. We conduct thorough financial reviews to uncover hidden assets and secure equitable settlements.
Child Custody and Support Advocacy
We prioritize the well-being of children in divorce cases, ensuring that parenting plans and support arrangements align with Florida law and serve the child’s best interests.
Contact Williams & Varsegi, LLC Today
If you are facing a contested divorce in Coral Springs, having a knowledgeable and dedicated legal team on your side is essential. Williams & Varsegi, LLC is committed to protecting your rights, advocating for fair resolutions, and guiding you through the complexities of Florida divorce law.
Contact us today to schedule a consultation and take the first step toward resolving your contested divorce with confidence.
