Dissolution of Marriage (Divorce)

Even uncontested divorces can be frustrating and time consuming. Contested divorces where your spouse is making unreasonable demands can be a waking nightmare. The assistance of an attorney is highly recommended to protect your rights, assets and, most importantly, the wellbeing and best interests of your children.  To help you understand the process better, Junnier Law & Research, P.A. offers this brief outline of a contested divorce where alimony, child support, and Parenting Plans are at issue. It is not legal advice, but we invite you to contact us for divorce, child support, and child visitation for a consultation.

The case begins when one spouse files a Petition for Dissolution of Marriage under Florida law.

Florida is a no-fault state, meaning the only legal ground required is that the marriage is “irretrievably broken.” The petition will also request relief such as:

• Timesharing and parental responsibility 
• Child support 
• Alimony 
• Division of assets and debts 

The other spouse must be formally served. In a contested case, they will typically file an Answer and Counterpetition, outlining competing positions on parenting, finances, and support.

At this point, the litigation framework is established.

Divorces often take months—or longer. Florida courts can enter temporary orders to stabilize the situation:

• Temporary timesharing schedule 
• Temporary child support 
• Temporary alimony (alimony pendente lite) 
• Exclusive use of the marital home 

This stage is often critical where one spouse lacks access to income or the children’s routine is disputed.

Florida requires strict financial transparency. Each party must exchange:

• Tax returns 
• Pay stubs and income records 
• Bank and investment accounts 
• Debts and liabilities 

This is not optional. It is foundational—especially in alimony cases, where the court must evaluate need and ability to pay under Florida Statute §61.08. 

If disputes remain, the case enters formal discovery. This is where many contested cases are won or lost.

Tools include:

• Interrogatories and document requests 
• Depositions under oath 
• Subpoenas to employers, banks, or third parties 

In higher-conflict cases, experts may be retained:

• Forensic accountants (income tracing, hidden assets) 
• Vocational experts (imputed income for alimony) 
• Child psychologists or parenting evaluators 

Florida no longer uses the term “custody.” Instead, courts require a Parenting Plan and time-sharing schedule.

Key principles:

• The court must determine the best interests of the child 
• There is a modern trend toward substantial or equal timesharing, though not automatic 
• Plans must be detailed (holidays, school breaks, communication, decision-making) 

Courts expect both parents to remain actively involved unless evidence suggests otherwise. 

Alimony in Florida has changed significantly.

The court must first determine:

• One spouse has a need, and 
• The other has the ability to pay  

Types of Alimony (Post-2023 Reform)

Florida now recognizes:

• Temporary alimony 
• Bridge-the-gap (max 2 years) 
• Rehabilitative (requires a plan) 
• Durational (most common) 

Permanent alimony has been eliminated for new cases. 

Duration Limits

Alimony is now capped based on the length of the marriage:

• Under 10 years → up to 50% of the marriage length 
• 10–20 years → up to 60% 
• 20+ years → up to 75%  

Amount Considerations

Courts evaluate:

• Standard of living during the marriage 
• Each party’s income and earning capacity 
• Contributions to the marriage (including homemaking) 
• Responsibilities for minor children 

In practice, awards are often constrained by statutory guidance tied to income differences.

Before trial, Florida courts require mediation.

A neutral mediator tries to help resolve:

• Parenting plans 
• Child support 
• Alimony 
• Property division

Many contested cases settle here—even after extensive litigation.

If no agreement is reached, the case proceeds to trial before a judge (no jury in family law).

Each side presents:

• Testimony 
• Financial evidence 
• Expert opinions 

The judge then issues rulings on all unresolved issues.

The court enters a Final Judgment of Dissolution of Marriage, which:

• Legally ends the marriage 
• Establishes parenting rights and obligations 
• Sets child support and alimony 
• Divides assets and debts 

In Florida, many aspects of a divorce remain modifiable:

• Alimony may be modified based on substantial change (e.g., retirement or cohabitation) 
• Parenting plans can be modified if circumstances materially change 
• Enforcement actions can be filed for non-compliance 

There is no rule preventing you from representing yourself, and there are instructions and forms published on the Florida Supreme Court website. However, if you do want representation, we invite you to Junnier Law & Research P.A. located in Coral Springs.