Process, Timelines, and Costs of a Litigated Divorce
Divorce is rarely easy, and when spouses cannot reach an agreement on their own, the case may proceed as a litigated divorce. While sometimes necessary, litigation can be the most time-consuming and costly way to end a marriage. Talk to a skilled West Palm Beach family attorney about what to expect in terms of timelines and expenses, and when alternatives may be available.
When Litigation Becomes Necessary
A litigated divorce typically arises when spouses cannot resolve disputes through negotiation or mediation. Common points of conflict include division of property, debt distribution, child custody calendars, parenting schedules, and financial support arrangements, such as spousal support, and child support. If one or both spouses refuse to compromise, or if there are issues that are highly contested, a judge may need to make the final decisions.
When a divorce goes through a Florida litigation process, there are generally several stages:
- Filing and response. To start the process, one spouse files a petition for dissolution of marriage. Then, the other spouse responds.
- Both sides exchange financial documents, testimony, and other evidence to establish the facts of the case.
- Hearings and motions. Temporary orders may be issued to address urgent issues, such as child support or use of the marital home.
- Trial preparation. Attorneys gather witnesses, experts, and exhibits to present in court.
- Each side presents their case, and the judge makes binding decisions.
This process can take months (or even more than a year) depending on the complexity of the issues and the court’s schedule.
Expenses and Alternatives
Because litigated divorces require significant attorney involvement, they are generally more expensive than uncontested or mediated divorces. Costs can rise with the number of disputes, the length of discovery, and whether experts (such as custody evaluators or financial analysts) are needed, too.
Throughout Florida, a fully litigated divorce may take anywhere from nine months to two years. The legal fees and court costs can vary widely but are often substantial. While some cases require litigation, many couples can save themselves the expense and emotional toll by considering alternatives such as mediation, collaborative divorce, and uncontested dissolutions. In situations where spouses have legal representation, they may be able to resolve disputes without going to court.
Leaving a marriage comes with a lot of decision making. If you are facing divorce, it’s important to understand both the realities of litigation and the alternatives that may better suit your situation. A talented West Palm Beach family attorney can explain your options, guide you through the process, and help you protect your future. Whether your case requires litigation or can be resolved more amicably, the right legal support can make all the difference.
Have you looked into the possibility of a collaborative divorce? The legal team at Bruce S. Rosenwater & Associates can work with you and your spouse’s attorney to negotiate terms. Then, if both of you can agree on all major issues, the process is faster, less expensive, and far less stressful than litigation. To learn about your options, schedule a confidential consultation today.
