Facing a divorce when there are no children involved may sound simpler than navigating a divorce with custody and timesharing issues. However, the lack of child-related disputes does not automatically mean the process will be easy. Property division, allocation of debt, retirement accounts, inherited assets, and various other factors can lead to a contentious situation just as stressful as a divorce with children in the picture. The divorce becomes contested when spouses cannot agree on these critical financial and property issues. In such circumstances, it is vital to have a divorce attorney who understands the nuances of Florida divorce law and can protect your rights every step of the way.
Those contemplating or who have already decided to file for a divorce in the Orlando area may wonder what to expect. Everyone’s situation is unique, from the assets acquired during the marriage to the nature of debts each spouse brings into the relationship. The presence of real estate, investment portfolios, businesses, and high-value personal property often adds to the complexity of an already challenging time. Spouses who have commingled separate assets or inherited property may find themselves in lengthy disputes over whether that property should be considered marital or separate. Even in circumstances that seem straightforward at first glance, disagreements can arise.
Why Contested Divorces Without Children Can Be ComplexIt is a common misconception that a divorce without children will inevitably be less complicated. While parenting plans, timesharing, and child support are not at issue, the parties still need to address the equitable division of assets and debts. Spousal support (alimony) may also be a vital consideration in some cases. The emotional aspect of divorce can make property disputes highly contentious. Concerns about losing a beloved home, depleting a retirement account, or becoming responsible for marital debts can heighten tensions.
The complexity often stems from the need to classify and value assets, evaluate whether they are genuinely marital or separate, and negotiate fair terms for final division. If either spouse attempts to hide or undervalue certain assets, the process can become even more complicated and adversarial. Even without children, a contested divorce can require a significant investment of time, money, and energy to resolve—making the assistance of a skilled attorney that much more critical.
Equitable Distribution in Florida: What It Means for Your DivorceFlorida is an equitable distribution state. This means that judges strive to divide marital property in a way that is fair, though not necessarily equal. Many individuals assume that fairness automatically means splitting everything in half, but judges consider various factors when deciding what is equitable. These factors include:
Even in situations that seem clear-cut, the final distribution can become complicated. For instance, a judge will look at the entire picture before deciding if an investment account is greatly appreciated during the marriage or if one spouse made more contributions to retirement plans. Working with an attorney who can present evidence and advocate for a fair outcome on your behalf is crucial.
The Importance of Full Financial DisclosureFlorida law requires full transparency from both spouses regarding financial matters. Each spouse must complete a mandatory financial affidavit disclosing details about income, debts, assets, and other relevant information. This transparency is enforced so that alimony or property division decisions are based on accurate facts. When one spouse suspects that assets are being hidden or not correctly reported, discovery tools such as depositions, interrogatories, and requests for documents can compel more information.
Hidden assets or underreported financial resources can seriously affect property division and potential spousal support awards. If a spouse fails to disclose significant assets or debts, the court may impose penalties or revisit key decisions in the final divorce judgment. Ensuring that both parties fully comply with disclosure requirements helps set the stage for a fair resolution.
Classifying and Dividing Assets: Marital vs. Separate PropertyMuch of the conflict in contested divorces without children revolves around correctly classifying property as marital or separate. Marital property is anything acquired or earned during the marriage. In contrast, one spouse usually owned individual property before the marriage or was given as a gift or inheritance solely to one spouse. When spouses combine separate property with marital funds or use inherited money for shared expenses, it can create disputes over how to treat those assets.
A thorough review of financial records and property titles is often necessary to determine the correct classification. Complexities may arise if:
An experienced divorce attorney can help trace these commingled assets, gather supporting documentation, and argue effectively for proper classification, ensuring you do not lose out on property that should remain separate.
Approaches to Debt AllocationDebt division can be just as contentious as asset division. Under Florida’s equitable distribution principles, marital debts are generally shared, but how they are split depends on various factors. A judge may assign more responsibility to one spouse if that spouse incurred the debt for personal or irresponsible reasons. Many people mistakenly believe that a spouse earning more will automatically bear a more significant percentage of the debt. Still, courts look at the specific circumstances of the debt and each spouse’s overall financial situation.
When a couple has accrued significant credit card debt, taken on large loans, or found themselves with multiple lines of credit, sorting out how much of that debt is marital and separate can become a significant point of contention. This is another scenario in which careful documentation is essential to ensuring a fair distribution.
Considering Alimony in a Divorce Without ChildrenEven though children are not part of the divorce, spousal support can still be a significant issue. Florida recognizes various forms of alimony, including temporary, bridge-the-gap, rehabilitative, durational, and, in rare cases, permanent. A judge may grant alimony if one spouse demonstrates a need for financial support and the other can pay. Courts look at many factors, such as the standard of living enjoyed during the marriage, the length of the marriage, and each spouse’s contributions to the household (including non-financial contributions).
Spouses who sacrificed career opportunities or education to support the marriage may have a valid claim for temporary or longer-term spousal support. Advocating for or defending against alimony can be complex, and an attorney who understands Florida’s statutes can help ensure a fair outcome.
Contested Divorce Procedures in FloridaWhile every situation is different, the broader legal framework of a contested divorce usually follows a similar path. The first step involves filing a Petition for Dissolution of Marriage. Once the petition is served correctly, the other spouse must respond. Any contested issues typically become apparent at that point. Both spouses then engage in mandatory disclosure, sharing financial and asset-related information that will form the basis for negotiations or court decisions.
If disputes remain unresolved, the court usually requires mediation. This involves working with a neutral mediator who facilitates discussions to find common ground and avoid a trial's expense and time commitment. Mediation can be highly effective in helping spouses work out agreements on issues such as asset division or debt allocation.
Should mediation fail, the divorce may proceed to a trial. A trial is a formal process in which a judge hears testimony, examines evidence, and makes final decisions on all disputed matters. Though trials can be expensive and emotionally taxing, they are sometimes necessary when one spouse refuses to negotiate or communicate well.
The Role of Trial in a Florida-Contested DivorceFor many couples, a trial is the last resort. Preparing for trial involves thorough discovery, evidentiary submissions, witness testimony, and possibly expert valuations of businesses, real estate, or investment portfolios. The judge will consider all this information and decide the unresolved issues in the divorce, including how property and debts will be divided and whether alimony is appropriate.
Because trials can be lengthy and unpredictable, most spouses find ways to settle before reaching this stage. Nonetheless, if settlement proves impossible, it is vital to have an attorney who is ready and willing to present a strong case in court. Skilled litigators can highlight key facts, challenge incomplete or incorrect evidence, and propose fair solutions that align with Florida law.
The Value of Skilled Family Law AttorneysContested divorces without children often require the same degree of diligence, legal knowledge, and strategic advocacy as divorces involving parenting matters. While there may be no dispute over timesharing, significant issues such as high-value property division, large debts, business assets, retirement accounts, and spousal support are at stake. A family law attorney who handles contested divorces regularly will understand how to identify hidden or commingled assets, evaluate business interests, and protect clients' rights.
Benefits of Experienced Legal CounselEven for divorces that look straightforward, unexpected issues can surface. Having a lawyer on your side can prevent an already stressful situation from spiraling into a battle that costs you time, money, and peace of mind.
Common Misconceptions About Contested Divorces Without ChildrenSome assume that because no child custody issues exist, there is little reason to hire an attorney. This can be a costly mistake. Property classification, division of assets, spousal support, and debt allocation can be highly contentious matters. Another misconception is that the higher-income spouse automatically bears most of the financial burden. Courts examine a wide range of factors when dividing property or awarding alimony.
A final misconception is that contested divorces always end in a trial. While some do, many can be resolved before a judge issues orders, thanks to effective negotiation and mediation. Settling out of court often saves both spouses money and emotional strain, but it requires flexibility, honesty, and an understanding of the value of compromise.
Begin Protecting Your Interests: Contact Our Orlando Law Firm TodayWhen you are ready to discuss the details of your contested divorce without children, Adams, Luka & Benton, P.A. stands prepared to offer the comprehensive guidance and strong advocacy you need. We understand the complexities of Florida’s equitable distribution laws and have the experience to handle everything from valuation disputes to hidden asset investigations.
Whether you are worried about losing your fair share of marital property, being assigned an unfair portion of marital debt, or navigating potential spousal support, our family law attorneys can help. We strive to provide a personalized approach, ensuring our legal strategy reflects the unique aspects of your marriage and financial situation. Divorce can be a challenging time, but it does not have to dictate your future. With a dedicated lawyer, you can place yourself in the best possible position to move forward confidently and securely.
If you live in Orlando or nearby areas of Central Florida, contact Adams, Luka, and Benton to schedule a confidential consultation. Orlando, Orange, Seminole, Osceola & Volusia County 407-872-0303. Lake, Sumter & Marion County 352-357-4084. We look forward to helping you understand your options, assert your rights, and pursue a fair resolution that sets the stage for your next chapter in life.