Contested Divorce Attorney in Miami

The Florida Contested Divorce Process in Miami-Dade County

Florida is a no-fault divorce state under Florida Statutes Section 61.052. A court may grant a dissolution when the marriage is irretrievably broken, meaning the marital relationship can’t be repaired, or when one spouse has been judicially declared mentally incapacitated for at least three years.

After service of a petition for dissolution of marriage, the respondent generally has 20 calendar days to serve a response. Florida law also requires at least 20 days to pass after the original petition is filed before a final judgment may be entered. These minimum periods don’t predict how long a disputed case will take.

Mandatory Financial Disclosure

We advise clients that both spouses must produce detailed financial records within 45 days of service of the divorce petition. The disclosure clock begins with service, not the filing date. Required production includes records such as tax returns and bank statements, while financially complex cases may also involve corporate ledgers and investment account statements.

Discovery, Negotiation & Trial

Discovery is the formal exchange of information and evidence used to address disputed facts before settlement negotiations or trial. Depending on the case, it may involve document requests, depositions, and subpoenas.

A contested divorce in Florida may take several months or extend well beyond a year because of formal discovery, structured negotiations, and a potential trial. Timing depends on the disputed issues, the financial records involved, the need for professional analysis, and the court’s schedule.

Miami-Dade contested divorce cases are heard by the Family Division of the Eleventh Judicial Circuit of Florida at the Lawson E. Thomas Courthouse Center. We prepare filings and documented positions with the applicable court procedures and each client’s litigation goals in mind.

Financial, Business & Parenting Issues in Contested Divorce

A divorce may remain contested because the spouses disagree about marital property and debt division, alimony, or parenting arrangements.

Our divorce-related work includes:

• High-net-worth divorce
• Equitable distribution
• Mediation
• Appeals
• Post-judgment enforcement or modification

Equitable Distribution

Equitable distribution is the legal process for dividing marital assets and liabilities. Under Florida Statutes Section 61.075, courts begin with the premise that marital property and debts should be divided equally, but the facts may support a different distribution.

Factors relevant to a potential unequal distribution include:

• Each spouse’s contribution to the marriage
• Each spouse’s economic circumstances
• The duration of the marriage
• Interruptions to a spouse’s career or education
• Intentional dissipation of marital assets

The application of these factors is case-specific. Financial disclosure and formal discovery can be central to identifying marital assets and liabilities and documenting the positions presented during negotiations or at trial.

Closely Held Business Valuation

Florida law uses fair market value when valuing a closely held business in divorce. Enterprise goodwill, which is value attached to the operating business rather than the owner-spouse’s personal reputation, may be treated as a marital asset subject to valuation.

When a dispute requires documented financial analysis, we work with business valuation professionals and forensic accountants. Their work may inform our evaluation of ownership interests, financial records, and competing valuation positions.

Parenting & Evidence Disputes

Disagreements about parenting arrangements can require evidence beyond the spouses’ competing accounts. When appropriate, we collaborate with forensic psychologists, social investigators, and private investigators for professional input. We use that information to prepare the client’s position for negotiation or trial without assuming any particular parenting outcome.