Greenacres Contested Divorce Lawyer
A contested divorce in Florida is not defined by anger. It is defined by a single unresolved issue, whether that is a time-sharing schedule, the value of a business, the length of an alimony award, or who keeps the house. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, and we represent clients in Palm Beach County, Broward County, and across South Florida, including residents of Greenacres who need a Greenacres contested divorce lawyer.
Once one disagreement survives negotiation, the case stops being a paperwork exercise. It becomes a process of financial disclosure, formal discovery, mediation, and, if mediation fails, a trial in which a Palm Beach County family court judge decides what you could not agree on. Florida requires written findings to support asset division, and the law now starts from a presumption of equal time-sharing, so how a case is built from the first filing matters long before anyone enters a courtroom.
Greenacres sits in Palm Beach County, which is part of Florida’s Fifteenth Judicial Circuit. Residents here are often dual-income households, small business owners, tradespeople, and families with children in local schools, and the disputes that make a divorce contested tend to follow from those realities: a closely held business that must be valued, a time-sharing schedule that has to fit shift work, or a spouse whose income is difficult to pin down.
What Turns a Divorce Into a Contested Case
Florida is a no-fault state. The ground for dissolution is that the marriage is irretrievably broken, and the only alternative ground, mental incapacity, requires that the spouse has been adjudged incapacitated for at least three years. Fault is not what makes a case contested. At least one spouse must have lived in Florida for six months before filing, and the court cannot enter a final judgment until at least 20 days after the petition is filed, though a judge may act sooner when delay would cause injustice.
A case becomes contested when the spouses cannot agree on one or more of the issues the final judgment must resolve. Everything from the proper classification of an asset to the number of overnights each parent has can be litigated. A contested divorce attorney’s job is to identify which of those disputes carry the most financial and parental consequence and to build the record on them from the beginning.
Adultery is one example of how the fault question can still surface. Although it is not a ground for divorce, a court may consider adultery and its economic impact when setting the amount of alimony, for instance where marital funds were spent on an affair. That is a financial argument that has to be documented, not a moral one.
Why Choose Williams & Varsegi, LLC for a Contested Divorce
Williams & Varsegi, LLC practices only divorce and family law. We bring over twenty years of experience to clients throughout Palm Beach and Broward County, and our caseload runs from high-net worth, high-conflict matters to uncontested and simplified divorces. That range matters in a contested case because the firm knows when a dispute is worth trying and when mediation will serve a client better. We are skilled negotiators and experienced litigators, with extensive courtroom experience, and we understand the tendencies of local judges and the way Palm Beach County family courts handle these disputes.
Our attorneys include Katie and Emerald Williams, Lawyer. Clients work directly with experienced attorneys who know their case, rather than being passed to people who have never seen the file. Client reviews describe that directly: Tiffany K. called Katie and her team “very responsive and knowledgeable,” Brittani A. said Katie represented her for three years and made the process smooth and less anxious, and Bro J. wrote that Emerald Williams kept every promise she made at the first consultation. The firm carries a 5-Star Rating from its clients.
When a case turns on business ownership, professional practices, or complex assets, we work with forensic accountants, business valuators, and other experts. We also handle divorces involving physicians, federal employees, and police and fire personnel, where pensions, benefits, and professional licenses create issues most divorces do not have. If you are looking for a Greenacres divorce attorney who treats a contested case as litigation from day one, that is the practice we run.
Disputes That Commonly Drive a Contested Divorce
- Time-Sharing and Parental Responsibility: Florida law now creates a rebuttable presumption that equal time-sharing serves a child’s best interests, so the fight is often over whether the presumption should be overcome. Modifying an existing plan later requires a substantial and material change in circumstances.
- Equitable Distribution: The court sets aside each spouse’s nonmarital assets and begins from the premise that marital assets and debts should be split equally, departing only with justification and written findings. The cut-off date for what counts as marital is usually the earliest of a valid separation agreement or the filing of the petition.
- Business and Professional Practice Valuation: Closely held companies, trade businesses, and professional practices raise questions of marital versus nonmarital character and fair value. Legislative amendments in recent years changed how the marital interest in a closely held business is treated.
- Alimony Type, Amount, and Duration: Permanent alimony no longer exists for cases filed under current law. The court chooses among temporary, bridge-the-gap, rehabilitative, and durational support, with caps tied to the length of the marriage and to the lesser of the recipient’s need or 35% of the net income difference.
- Child Support Guidelines and Deviations: The statutory guideline amount is presumptively correct, and departures of more than five percent need written findings. A parent with at least 20% of overnights, roughly 73 nights a year, may receive an adjustment.
- Relocation Requests: A move of at least 50 miles lasting 60 or more consecutive days triggers relocation law. An objection must be written, filed, and served within 20 days of service of the petition, and the statute sets fast hearing and trial windows.
- Premarital Agreements: A written, signed agreement is enforceable without consideration beyond the marriage, but it can be defeated by proof of involuntariness, fraud, duress, or overreaching, or by unconscionability coupled with a lack of fair disclosure. It cannot reduce a child’s right to support.
- Domestic Violence Concerns: A protective injunction can be sought even when a divorce is pending, and a temporary ex parte injunction lasts no more than 15 days before a hearing.
What to Do in the First Weeks of a Contested Divorce
Start by confirming that you meet the six-month Florida residency requirement and by gathering financial records before anyone changes how they handle money. Tax returns, pay records, bank and brokerage statements, retirement account statements, business financials, mortgage documents, and credit card histories will all be requested in discovery, and Florida requires complete financial disclosure. Hiding an account or an asset can result in serious penalties, so the better course is assembling the picture early and accurately.
Family cases in Palm Beach County are heard in the Fifteenth Circuit’s Family Court. Greenacres residents often find the Delray Beach or West Palm Beach locations the most practical. Clerk locations are open Monday through Friday during business hours. If a petition is served on you, the response deadline is 20 days, and ignoring it risks a default judgment.
Be careful about the common early mistakes. Do not move out without understanding how it affects time-sharing, do not spend or transfer significant marital assets, do not post about the case online, and do not use the children as messengers. If safety is a concern, a domestic violence injunction can be requested at the clerk’s family filing locations, and the court sets a hearing at the earliest possible time. Before any of that, schedule a consultation so that a strategy is in place before the first filing deadline passes.
How a Contested Case Actually Moves Toward Resolution
After filing and service, discovery begins: interrogatories, document requests, and depositions where needed. This phase builds the financial record that later supports an equitable distribution ruling, and it is where forensic accountants and business valuators earn their fees. Temporary orders on support and time-sharing are often sought early so the family has structure while the case is pending.
Florida courts generally require mediation before trial, and many cases settle there. When they do not, a judge hears the evidence and issues a judgment with specific written findings that identify each nonmarital asset, marital asset, and marital liability, and that value significant assets individually. If a party believes the trial court erred, appeals from Palm Beach County go to the Fourth District Court of Appeal in West Palm Beach, which is why a trial record must be built with care.
Some contested cases need only a narrow trial on one issue, while others require full litigation across every issue. We assess early whether a collaborative process, mediation, or litigation fits the dispute, and we prepare every file as if it may be tried.
Contested Divorce Questions From Greenacres Clients
How long does a contested divorce take in Palm Beach County?
Florida imposes a 20-day minimum before a final judgment can be entered, but contested cases rarely come close to that. Disputes over custody, complex assets, or significant conflict commonly take twelve to eighteen months or longer. Cases that settle at mediation finish much sooner.
Do I need grounds to file for divorce in Florida?
No. Florida requires only that the marriage is irretrievably broken. The only other ground, mental incapacity, requires an adjudication of incapacity lasting at least three years. Proving misconduct is not a prerequisite.
Will the court split everything 50/50?
The court starts with the premise that marital assets and liabilities should be divided equally, but it can order an unequal division when justified, and it must explain its reasoning in writing. Nonmarital assets are set aside to the spouse who owns them before the marital estate is divided.
Does equal time-sharing mean a 50/50 schedule is automatic?
Not automatically. Florida law creates a rebuttable presumption that equal time-sharing is in a child’s best interests, but a parent can present evidence to overcome it, and the court still builds the plan around the child’s circumstances.
Can my spouse’s affair affect the divorce?
Adultery is not a ground for divorce, but a court may consider it, along with any resulting economic impact such as marital money spent on the relationship, when determining alimony.
Is permanent alimony still available in Florida?
No. Permanent alimony was eliminated for cases filed under current law. Awards entered earlier remain in effect but can be modified. Current forms are temporary, bridge-the-gap, rehabilitative, and durational.
How long can alimony last?
Bridge-the-gap support is capped at two years, and rehabilitative alimony at five. Durational alimony cannot exceed 75% of the length of a long-term marriage, 60% of a moderate-term marriage, or 50% of a short-term marriage, and it is unavailable after a marriage under three years. Marriage length runs from the wedding date to the filing date.
What if my spouse has a premarital agreement?
If it was in writing and signed by both of you, it is presumed enforceable. You can challenge it by proving it was not voluntary, was the product of fraud, duress, coercion, or overreaching, or was unconscionable when signed and you were not given fair disclosure of your spouse’s finances. It cannot cut off a child’s right to support.
Can my spouse move away with our children while the case is pending?
Relocation of at least 50 miles for 60 or more consecutive days requires either agreement or court approval where a parenting plan exists. If you object, the response must be written, filed, and served within 20 days, and the court moves quickly on temporary and final hearings.
Can a contested divorce still settle?
Yes, and many do, often at mediation or after discovery clarifies the numbers. Contested only means the parties started without agreement. Preparing as if for trial usually improves the terms available at the table.
What if my spouse owns a business?
The business must be classified as marital or nonmarital, in whole or part, and then valued. This typically requires a business valuator and careful review of financial records. Statutory changes to how the marital interest in closely held businesses is defined make current legal analysis important.
Is it worth hiring a lawyer if I think the case might settle?
Usually, yes. Settlement terms are only as good as the financial disclosure and legal analysis behind them, and a poorly drafted agreement is far harder to fix after judgment than to prevent before it.
Serving Greenacres and Palm Beach County Contested Divorce Clients
We represent contested divorce clients in Greenacres and throughout Palm Beach County, from Lake Worth Beach, Lantana, Atlantis, and Palm Springs to Wellington, Royal Palm Beach, Loxahatchee, and West Palm Beach. Our reach extends north to Palm Beach Gardens, Jupiter, and Riviera Beach, and south through Boynton Beach, Delray Beach, and Boca Raton.
We also serve families in neighboring Broward County, including Coral Springs and Parkland, along with communities across South Florida. Whether a case is heard at a Palm Beach County courthouse or in Broward County’s Seventeenth Judicial Circuit, our attorneys prepare it with the same attention to financial detail and courtroom readiness.
Speak With a Greenacres Contested Divorce Attorney
If your divorce is already contested or heading that way, the decisions made in the first weeks tend to shape everything that follows. A Greenacres contested divorce attorney at Williams & Varsegi, LLC can review your finances, your children’s circumstances, and your goals, then explain what a realistic path looks like, whether that is negotiation, mediation, or trial. Call to schedule a consultation and speak directly with an attorney who will know your case.
