Palm Beach County Contested Divorce Lawyer
A contested divorce in Palm Beach County is decided inside the Fifteenth Judicial Circuit, where the family division hears everything from time-sharing fights to disputes over a business interest, and where a judge, not the spouses, ends up writing the answer to whatever you could not settle. Williams & Varsegi, LLC is a boutique firm that practices exclusively in divorce and family law, and it represents clients throughout Palm Beach County and Broward County, including Boca Raton, Delray Beach, Coral Springs, and Parkland.
The word “contested” does not require that every issue be in dispute. One unresolved question is enough: who keeps the house, how the children’s overnights are divided, whether alimony is owed and for how long, or what a closely held company is worth. Once a single issue is left open, the case moves through discovery, mediation, and, if needed, a trial. A Palm Beach County contested divorce lawyer spends most of the case building a record, because Florida requires written findings for property distribution and a judge can only rule on what the evidence supports.
This is different from an uncontested or simplified dissolution, where the spouses have agreed on everything before filing. It is also different from collaborative divorce, where both sides commit in advance to stay out of court. A contested case assumes the opposite: that the court may have to decide, and that your preparation will shape what it decides.
Why Choose Williams & Varsegi, LLC for a Contested Divorce
Williams & Varsegi, LLC practices exclusively in divorce and family law, with over twenty years of experience serving clients in Palm Beach County and Broward County. The firm handles the full range, from high-net worth, high-conflict cases to uncontested and simplified matters, and it litigates when negotiation stalls. Its attorneys have extensive courtroom experience, work as both skilled negotiators and experienced litigators, and bring in forensic accountants, business valuators, and other experts when a case turns on numbers. Clients work directly with experienced attorneys who know their case, rather than being passed down a line of staff.
The firm’s attorneys include Katie and Emerald Williams, Lawyer. Client reviews describe the same qualities that matter most in a drawn-out dispute. One client wrote that Katie represented her for over three years and made a long process smoother and less anxious. Another said Emerald Williams kept every promise made at the first consultation. Others point to a responsive, knowledgeable team and staff who are always on time. The firm carries a 5-Star rating from its clients.
Focus matters in a contested case because the outcome often depends on knowing how Florida’s family statutes are applied by the judges who hear them. A firm that handles only family law sees the same questions repeatedly: how an equal time-sharing presumption plays out, how the alimony caps are argued, how a business gets classified as marital or nonmarital. That repetition is what you are hiring.
Issues That Make a Palm Beach County Divorce Contested
- Time-Sharing and Parental Responsibility: Florida law now starts from a rebuttable presumption that equal time-sharing serves a child’s best interests. A parent seeking a different schedule has to present evidence that overcomes it, and later changes to a parenting plan require a substantial and material change in circumstances.
- Equitable Distribution: The court sets aside each spouse’s nonmarital assets and liabilities, then starts from the premise that marital assets and debts should be split equally. An unequal split needs a justification and written findings, so disputes center on classification, valuation, and whether one spouse wasted or hid assets.
- Alimony: Florida recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony; permanent alimony no longer exists for new cases. Fights usually focus on marriage length, the recipient’s actual need, and the cap tied to the difference between the spouses’ net incomes.
- Child Support: The statutory guideline amount is presumed correct, so disputes turn on income, including self-employment and bonus income, the number of overnights each parent has, and whether a deviation can be justified in writing.
- Business and Professional Practice Interests: Palm Beach County owners of closely held companies and practices face questions about how much of the business is marital, what it is worth, and whether valuation should reflect goodwill. Recent statutory amendments changed how the marital interest in a closely held business is defined.
- Relocation: A move of at least 50 miles lasting at least 60 consecutive days triggers Florida’s relocation statute. A parent who objects must respond in writing within 20 days of being served with the petition, and the statute sets expedited hearing and trial timelines.
- Premarital Agreements: A written, signed premarital agreement is enforceable without any consideration beyond the marriage, but it can be challenged for involuntariness, fraud, duress, coercion, overreaching, or unconscionability coupled with inadequate financial disclosure. It cannot reduce a child’s right to support.
- Special Employment Situations: Divorces involving physicians, federal employees, and police and fire personnel raise pension, benefit, and licensing questions that require careful handling.
What to Do in the First Weeks of a Contested Divorce
Residency comes first. At least one spouse must have lived in Florida for six months before a petition is filed. If you are the one filing, confirm that you meet it; if you were served, the clock on your response matters more than anything else. A response to a dissolution petition is generally due within 20 days of service, and ignoring it invites a default.
Palm Beach County family cases are filed with the Clerk of the Circuit Court. The main family filing office is at the Main Courthouse in West Palm Beach, and the North County Courthouse in Palm Beach Gardens and the South County Courthouse in Delray Beach also accept new Family Court cases. Which courthouse your case lands in affects commuting for hearings, so ask early where yours will be heard. Clerk offices are open Monday through Friday during business hours.
Start gathering financial records before the formal exchange begins. Tax returns, pay records, bank and brokerage statements, retirement account statements, mortgage and property documents, business financials, and credit card records all become relevant, and Florida requires full financial disclosure. The date used to classify marital assets and liabilities is generally the earliest of a valid separation agreement date or the filing of the petition, so understanding that cut-off date helps you know which accounts and debts are in play.
Be careful about what you do in the meantime. Do not move money, change beneficiaries, or run up debt, and do not post about the case on social media. If there are safety concerns, a domestic violence injunction can be sought whether or not a divorce is pending; the petition must disclose any pending case, and the court sets a hearing at the earliest possible time. A temporary ex parte injunction lasts for a fixed period not to exceed 15 days before the hearing. Injunction petitions can be filed at the North County and South County courthouses as well as the main courthouse.
Finally, remember that a judgment cannot be entered until at least 20 days after the petition is filed. That is a floor, not a forecast. Contested cases run far longer because of discovery, expert work, and scheduling, and you are better served by preparing for that than by hoping for speed.
How Alimony Is Decided After the 2023 Reforms
For cases filed after the 2023 changes, the structure is tighter than it used to be. Length of marriage is measured from the wedding date to the date the petition is filed, and it sorts marriages into short-term (under 10 years), moderate-term (10 to 20 years), and long-term (20 years or more). Durational alimony cannot be awarded after a marriage of less than 3 years, and its length is capped as a share of the marriage: 50 percent for short-term, 60 percent for moderate-term, and 75 percent for long-term marriages.
Other forms have their own limits. Bridge-the-gap alimony cannot exceed 2 years and cannot be modified in amount or duration. Rehabilitative alimony cannot exceed 5 years and depends on a defined plan, with modification possible if the recipient fails to follow it or finishes early. Whatever the type, the monthly amount cannot exceed the lesser of the recipient’s reasonable need or 35 percent of the difference between the parties’ net incomes. The court may also consider adultery and its economic impact when setting the amount.
The rules for changing alimony later also shifted. A court must reduce or terminate alimony when it finds a supportive relationship between the recipient and an unrelated person, and an obligor may seek relief on reaching retirement age if actual steps toward retirement have been taken. Those changes apply to cases filed after the effective date, which matters if you are dealing with an older order.
Property, Support, and Time-Sharing at Trial
When a case does reach trial, the judge’s written findings carry the weight. On property, the court must identify nonmarital assets, marital assets with individual values for significant items, and marital liabilities, then explain any departure from an equal split. That is why valuation evidence from forensic accountants and business valuators is often the most important exhibit in a high-asset case.
On child support, the guideline amount is presumed correct, and a deviation of more than five percent requires written findings. For higher-income families, combined monthly net income above the top of the schedule is handled by adding a percentage of the excess to the schedule’s maximum: 5.0 percent for one child, 7.5 percent for two, and so on up to 12.5 percent for six. A parent who exercises at least 20 percent of overnights, roughly 73 nights a year, is entitled to the statutory time-sharing adjustment, which is why overnight counts are fought over as hard as the schedule itself.
Contested Divorce Questions Answered
What makes a divorce “contested” in Florida?
A divorce is contested when the spouses disagree on at least one significant issue, such as property division, alimony, child support, or the parenting plan. It does not need to be a fight over everything. A case that begins contested can still settle at mediation, and many do.
Do I have to prove my spouse did something wrong to get divorced?
No. Florida is a no-fault state, and the ground is that the marriage is irretrievably broken. The only other ground is mental incapacity, which requires that the spouse has been adjudged incapacitated for at least the preceding three years. Fault can still come up indirectly, such as adultery’s economic impact on alimony or the wasting of marital assets.
How long must I live in Florida before filing?
At least one spouse must have lived in Florida for six months before the petition is filed. Without that residency, the court lacks the basis to grant a dissolution.
How long does a contested divorce take in Palm Beach County?
There is no fixed timeline. The 20-day minimum before a judgment is only the earliest possible point. Contested cases involving business valuations, custody evaluations, or hidden assets commonly take a year or longer, depending on court calendars and how quickly financial information is exchanged.
Is the marital home automatically split 50/50?
Florida starts from an equal division of marital assets and liabilities, but the home may be nonmarital in whole or in part, for example if one spouse owned it before the marriage, and the court can depart from equal with justification. Options include a sale, a buyout, or deferring the sale, and each has different tax and cash flow consequences.
What if my spouse is hiding money or underreporting income?
Florida requires complete financial disclosure, and discovery tools include document requests, interrogatories, and depositions. Forensic accountants can trace accounts and analyze business records. Concealment can lead to sanctions and can affect how the court divides assets and awards fees.
Will I automatically get equal time with my children?
Not automatically, but Florida law now starts from a rebuttable presumption that equal time-sharing is in the child’s best interests. A parent who wants a different arrangement must present evidence that overcomes it, focused on the child’s circumstances rather than on grievances between the parents.
Can I stop my ex from moving the children away?
If the proposed move is at least 50 miles and will last at least 60 consecutive days, Florida’s relocation statute applies, and a parent who objects must file and serve a written response within 20 days of being served. The statute sets a hearing on temporary relocation within 30 days of the motion and a nonjury trial within 90 days of the notice, absent good cause.
My spouse and I signed a premarital agreement. Is it still binding in a contested case?
Generally yes if it was in writing and signed by both parties, but it can be challenged. The challenging spouse must prove it was involuntary or the product of fraud, duress, coercion, or overreaching, or that it was unconscionable when signed and there was no fair disclosure of finances. It also cannot limit a child’s right to support.
If my business is worth a lot, does my spouse automatically get half?
No. The first question is whether the business, or part of its value, is marital or nonmarital, which depends on when it was started, how it grew, and what effort or marital funds went into it. Then it has to be valued, often by a professional valuator, and the 2024 amendments to the equitable distribution statute affected how a marital interest in a closely held business is defined.
Can alimony ever be changed after the divorce is final?
Durational and rehabilitative alimony can be modified or terminated on a substantial change in circumstances, while bridge-the-gap alimony cannot be modified in amount or duration. Retirement, a supportive relationship, and the death of either party or remarriage of the recipient can all affect it, depending on the type.
Palm Beach County Contested Divorce Representation Across South Florida
Williams & Varsegi, LLC represents clients throughout Palm Beach County, from Boca Raton and Delray Beach in the south through Boynton Beach, Lake Worth, Wellington, and Royal Palm Beach, and north into West Palm Beach, Palm Beach Gardens, Jupiter, and Riviera Beach. Residents of Belle Glade and the western communities of the county are served as well, along with families in Highland Beach, Greenacres, Lantana, and Juno Beach.
The firm also works with clients in neighboring Broward County, including Coral Springs and Parkland, where family cases are handled by the Seventeenth Judicial Circuit rather than the Fifteenth. Whichever side of the county line a case is filed on, the work is the same: gathering the financial picture, preparing for mediation, and being ready to try the case if it does not settle. Any appeal from a Palm Beach County or Broward County family judgment goes to the Fourth District Court of Appeal in West Palm Beach.
Talk With a Palm Beach County Contested Divorce Attorney
If your divorce has reached the point where an agreement is out of reach, the next decisions on discovery, experts, temporary support, and parenting schedules will set the tone for the rest of the case. A Palm Beach County contested divorce attorney at Williams & Varsegi, LLC can review where you stand, explain what the court is likely to focus on, and lay out a plan that fits your finances and your family. Call to schedule a consultation.
