Wellington Contested Divorce Lawyer
Once your spouse stops agreeing to anything, whether over the house in the equestrian communities west of the turnpike, a business, or how many overnights the children spend in each home, you are in contested divorce territory. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, representing clients in Wellington and throughout Palm Beach County and Broward County, South Florida.
A Wellington contested divorce lawyer spends most of the work on the issues the two sides cannot settle: how marital assets are classified and valued, whether alimony is warranted and for how long, what the parenting plan looks like, and how child support is calculated. Florida’s rules on each of these have shifted meaningfully in recent years, and the changes affect how a contested case is built from the first filing.
Contested does not automatically mean a trial. Most disputed cases still pass through discovery and mediation, and many resolve there. But the quality of your position at mediation depends on what was done long before you walk in, which is why preparation for litigation and preparation for settlement are largely the same work.
What Makes a Florida Divorce Contested in Practice
Florida is a no-fault state. The ground is that the marriage is irretrievably broken, and the only other ground is mental incapacity of a spouse who has been adjudged incapacitated for at least three years. You do not have to prove misconduct to end the marriage, so the fight is almost never about whether the divorce happens. It is about the terms.
At least one spouse must have lived in Florida for six months before the petition is filed. After filing, no final judgment can be entered until 20 days have passed, though a court may act sooner if delay would cause injustice. In a contested case that 20-day floor is irrelevant; the real timeline is driven by discovery, the court’s calendar, and how entrenched each side is.
Palm Beach County divorces are heard in the Fifteenth Judicial Circuit’s Family Court, a division of the Circuit Court that handles divorce, alimony, child support, custody, and time-sharing. Appeals from the Fifteenth Circuit go to the Fourth District Court of Appeal in West Palm Beach.
Why Choose Williams & Varsegi, LLC for a Contested Divorce
Williams & Varsegi, LLC is a boutique family law firm serving Wellington, the rest of Palm Beach County, and Broward County. The firm handles divorce and family law exclusively, with over twenty years of experience, and its caseload runs from high-net worth, high-conflict disputes to uncontested and simplified matters. That range matters in a contested case, because the same lawyers who know how to settle cleanly also know when a settlement offer is not worth taking.
Katie and Emerald Williams, Lawyer, lead client matters at the firm. Clients work directly with experienced attorneys who know their case, rather than being passed down a chain. Reviews from clients describe lawyers and staff who are responsive and knowledgeable, who kept the promises made at the first consultation, and who made a long case feel less anxious. One client described being represented by Katie for more than three years. The firm carries a 5-Star Rating from client reviews.
The firm has extensive courtroom experience and is made up of skilled negotiators and experienced litigators, which is the combination a contested divorce demands. Where finances are in dispute, the firm works with forensic accountants, business valuators, and other experts. It also handles divorces involving physicians, federal employees, and police and fire personnel, where pensions, benefits, and professional licenses add layers to the property questions.
The Disputes That Typically Drive a Contested Case
- Equitable Distribution: The court sets aside each spouse’s nonmarital assets and debts, then starts from the premise that marital assets and liabilities are divided equally, departing from that only with justification. Any distribution, equal or not, must be supported by written findings that identify and value significant assets. Disputes usually center on whether an asset is marital or nonmarital and what it is worth.
- Business Interests and Professional Practices: Wellington and the surrounding area include many business owners, practitioners, and investors. The marital portion of a closely held business, a topic the Legislature revisited in 2024, often requires a business valuator, and the two sides’ experts rarely land on the same number.
- Alimony: Florida recognizes bridge-the-gap, rehabilitative, and durational alimony. Permanent alimony was eliminated for cases decided after July 1, 2023. Durational alimony is capped by marriage length: 50 percent of the marriage’s length for short-term, 60 percent for moderate-term, and 75 percent for long-term marriages. The monthly amount cannot exceed the lesser of the recipient’s reasonable need or 35 percent of the difference between the parties’ net incomes.
- Time-Sharing and Parental Responsibility: Florida now starts from a rebuttable presumption that equal time-sharing serves the child’s best interests. Contested cases turn on whether the other side can rebut that presumption, and on the details of school, work schedules, and each parent’s conduct toward the other’s relationship with the child.
- Child Support: The guideline amount from the statutory schedule is presumed correct, built on the parents’ combined net income and overnights. For families whose combined net income exceeds the top of the schedule, support is the schedule’s top figure plus a set percentage of the excess that rises with the number of children. Deviations of more than five percent from the guideline need written findings.
- Relocation: A move of at least 50 miles from the prior residence lasting at least 60 consecutive days is a relocation requiring either agreement or court approval. These disputes move fast, and an objection to a petition to relocate must be filed in writing within 20 days of service.
- Premarital Agreements: A written, signed agreement is enforceable without anything beyond the marriage itself, but it can be challenged if signed involuntarily or through fraud, duress, coercion, or overreaching, or if it was unconscionable and fair disclosure was lacking. A premarital agreement cannot reduce a child’s right to support.
- Allegations of Misconduct: Adultery is not a ground for divorce in Florida, but a court may consider it, along with its economic impact, when setting alimony. Where safety is at issue, a domestic violence injunction can be pursued whether or not a divorce is pending.
What to Do in the First Weeks of a Contested Divorce
Start with the financial record. Gather tax returns, bank and brokerage statements, retirement account statements, mortgage and deed documents, business records, and credit card statements. Florida requires full financial disclosure, and the quality of what you assemble early shapes every later negotiation. Also note the classification date: marital assets and debts are generally measured as of the earliest of a valid separation agreement date or the filing of the petition, so what you acquire or owe after that point is treated differently.
Know the clock. Once a spouse is served with the petition, a response is due within 20 days, and missing it can lead to a default. If you are the spouse filing, you must satisfy the six-month residency requirement first. If relocation of a child is in play, the 20-day objection deadline is strict, and the statute calls for a temporary hearing within 30 days of a motion and a nonjury trial within 90 days of the notice, absent good cause.
Palm Beach County family cases are filed with the Clerk of the Circuit Court. Wellington residents can file at the Main Judicial Complex in West Palm Beach, the North County Courthouse in Palm Beach Gardens, or the South County Courthouse in Delray Beach, and the Clerk also operates a branch in Royal Palm Beach, which is a clerk branch rather than a courthouse. Clerk offices are open weekdays from 8 a.m. to 4 p.m. If there is any physical danger, a domestic violence injunction petition can be filed at the North or South County courthouses; a temporary ex parte injunction lasts no more than 15 days before a full hearing, and the court sets that hearing at the earliest possible time.
Avoid the common mistakes: moving money or retitling assets, posting about the case online, using the children as messengers, and agreeing to a temporary arrangement that quietly becomes the status quo a judge is later reluctant to disturb. Speak with a Wellington divorce attorney before you sign anything or move out, because early decisions about the marital home and time-sharing often carry into the final outcome.
How a Contested Case Moves From Petition to Judgment
After filing and service, both sides exchange financial affidavits and documents. Discovery can include written questions, document requests, and depositions, and in asset-heavy cases it often includes subpoenas to banks, employers, and business partners. This is where hidden or undervalued assets surface, and where the groundwork for expert valuation is laid.
Mediation comes next. Florida courts commonly require it before trial, and it resolves a large share of disputed cases, sometimes on every issue and sometimes on a few. A divorce lawyer serving Wellington will use mediation to narrow the case even when full settlement is out of reach, so that trial time is spent only on what truly divides the parties.
Cases that do not settle go to trial before a judge, who decides each remaining issue and enters a final judgment. The judge’s equitable distribution must rest on written findings, which also makes the findings the focus if an appeal to the Fourth District Court of Appeal becomes necessary. Parents must also complete a parenting course before the case is finalized.
Contested Divorce Questions From Wellington Clients
How long does a contested divorce take in Palm Beach County?
There is no fixed answer. The 20-day minimum after filing is a floor, not a forecast. A contested case with children, a business, or disputed valuations commonly runs a year or longer, with the pace set by discovery, expert work, and the court’s calendar.
Do I have to prove my spouse did something wrong?
No. Florida requires only that the marriage is irretrievably broken. Fault is not a ground, though adultery and its economic impact can be considered when a court sets alimony.
Is marital property always split 50/50?
The court begins from an equal division of marital assets and liabilities, but can depart from it with justification and must explain the reasons in writing. Nonmarital assets are set aside to the spouse who owns them before that division happens.
Can I still get permanent alimony?
No. Permanent alimony was eliminated for cases governed by the 2023 law. The available forms are temporary, bridge-the-gap, rehabilitative, and durational alimony. Permanent awards entered before the change remain in effect but can be modified.
What is the new presumption about time-sharing?
Florida law now presumes that equal time-sharing is in a child’s best interests. A parent seeking a different schedule has to overcome that presumption with evidence about the child’s circumstances.
How is child support calculated for high earners?
The guideline schedule stops at a combined monthly net income ceiling. Above it, support is the schedule’s top amount plus a percentage of the excess: 5 percent for one child, 7.5 percent for two, 9.5 percent for three, 11 percent for four, 12 percent for five, and 12.5 percent for six.
Does a prenuptial agreement settle everything?
Not necessarily. A signed written agreement is enforceable, but it can be challenged for involuntariness, fraud, duress, coercion, or overreaching, or for unconscionability combined with inadequate financial disclosure. It also cannot cut off a child’s right to support.
How are my spouse’s retirement and a business divided if we live in a household with one primary earner?
Contributions as a homemaker and parent count alongside financial contributions in the equitable distribution analysis. The marital portion of retirement accounts and business interests is divided according to classification and valuation, often with expert input.
If my spouse moves in with a new partner, does it affect alimony?
It can. Under the amended modification statute, a court must reduce or terminate alimony upon finding a supportive relationship with an unrelated person; the older language was discretionary. That change applies only to cases filed after the 2023 amendments.
Can I change a parenting plan after the divorce is final?
Yes, but you must show a substantial and material change in circumstances. The Legislature removed the requirement that the change have been unanticipated, which lowered one barrier but still requires real, demonstrated change.
When can an alimony payer seek relief because of retirement?
An obligor may seek reduction or termination upon reaching normal Social Security retirement age or the customary retirement age for the profession, if they have taken real steps to retire or are retired and ability to pay is reduced. A petition can be filed up to six months before an anticipated retirement.
Contested Divorce Representation Across Wellington and Palm Beach County
We represent families in Wellington and throughout the western communities of Palm Beach County, including Royal Palm Beach, Loxahatchee Groves, and the Acreage. Our work extends to West Palm Beach, Palm Beach Gardens, Jupiter, Lake Worth, Greenacres, Boynton Beach, Delray Beach, and Boca Raton, along with nearby communities such as Belle Glade in the western part of the county.
The firm also serves clients in Broward County, including Parkland and Coral Springs, and across South Florida more broadly. Whether the case belongs in the Fifteenth Judicial Circuit in Palm Beach County or the Seventeenth Judicial Circuit in Broward County, we prepare each contested matter for the court that will hear it.
Speak With a Wellington Contested Divorce Attorney
If your spouse has stopped negotiating, or you expect a fight over assets, a business, or your children, a conversation with a Wellington contested divorce attorney at Williams & Varsegi, LLC can give you a clear read on where you stand and what to do first. Call the firm to schedule a consultation and talk through your case with the attorneys who will actually handle it.
