Contested Divorce

When you and your spouse cannot agree on custody, support, property, alimony, or other important issues, you need calm strategy and steady advocacy. Augusto Law works to resolve disputes whenever possible, but we are prepared to litigate through the court process when a fair agreement cannot be reached. Our focus is protecting your rights, your children, and your financial stability.

What is a contested divorce in Florida?

A contested divorce is a divorce where spouses do not agree on one or more major issues, and a formal litigation process is necessary.  This means requires formal filings, a discovery process, disclosures, mediation, and if a settlement can’t be reached, a trial with a judge.   Common disputes include parenting plans, time-sharing, child support, alimony, property division, debts, business interests, or who stays in the marital home.

Contested does not always mean ugly. It simply means there are unresolved issues that need negotiation, mediation, court involvement, or, in some cases, a formal trial.

Does a contested divorce always go to trial?

No. A contested divorce does not always go to trial. Many contested cases settle after both sides exchange financial information, attend mediation, or narrow the issues through negotiation.

At Augusto Law, the goal is to resolve what can be resolved without unnecessary conflict. But when a fair agreement is not possible, the case must be prepared carefully for court.

How does Florida divide property in a contested divorce?

Florida uses equitable distribution. That means the court starts with the premise that the value of marital assets and debts should be divided equally, unless there is a legally supported reason for an unequal division. “Equitable” means fair under the facts, not automatically identical in every case. 

This is why financial clarity matters. Before you can negotiate fairly, you need to know what exists, what is marital, what may be nonmarital, and what each asset or debt is worth.

Can alimony be part of a contested divorce in Florida?

Yes. Alimony can be disputed in a Florida contested divorce. Florida courts first look at whether one spouse has an actual need for support and whether the other spouse has the ability to pay. The court may also consider factors such as the length of the marriage, standard of living, income, earning capacity, contributions to the marriage, and responsibilities for minor children. 

Alimony is not automatic. It is fact-specific, and the right approach depends on the full financial picture.

What should I do if my spouse is hiding assets or not being honest?

If you are worried about hidden assets, incomplete disclosures, or unusual money movement, do not guess or retaliate. The better approach is to document your concerns and use the legal process to request records, review accounts, and build a clear financial picture.

This is where a contested divorce requires steady strategy. Panic creates noise. Documentation creates leverage.