Our final option – used only when communication has fully broken down and no amicable path remains viable.
We place litigated divorce last in our priority framework for a reason. Our primary goal – and the reason clients choose us – is to help Florida families avoid litigation entirely through uncontested, collaborative, or mediated paths whenever possible. We only pursue litigation when all cooperative options have been exhausted or are clearly impossible.
A litigated divorce (also called contested litigation or traditional court divorce) is the formal, adversarial process where one spouse files a petition for dissolution of marriage, both parties hire their own attorneys, and – if no settlement is reached – a judge ultimately decides the outcome on contested issues such as asset division, alimony, child custody/time-sharing, child support, and attorney fees.
The litigated divorce involves court filings, discovery (financial disclosures, interrogatories, depositions), motions, hearings, and potentially a full trial. While we handle litigation aggressively and competently when necessary, we are always transparent: it is the most expensive, time-consuming, emotionally draining, and unpredictable route.
If any level of cooperation exists, we strongly recommend exploring Uncontested, Collaborative, or Mediated first – these paths almost always produce better outcomes for families at far lower cost and stress.
(Current as of 2026)
Litigation follows a structured but often lengthy court process:
Core Adversarial Structure: Each spouse has their own attorney who advocates zealously for their interests. The process includes formal discovery, temporary relief hearings (e.g., for temporary support or custody), and – if unresolved – a final trial where a judge rules.
Best (or only) for couples with: Complete breakdown in communication, safety concerns, or irreconcilable disputes that cannot be resolved through negotiation or mediation.
Process: Petition filed → Response/Answer → Discovery → Possible temporary orders → Settlement attempts (often court-ordered mediation) → Trial if needed.
Typical timeline: 12–24+ months (sometimes longer with appeals or complex issues). Brevard County cases can move faster if uncontested elements emerge, but full trials are rare and time-intensive.
In Brevard County specifically: We appear regularly in the 18th Judicial Circuit. While courts encourage settlement and often order mediation, fully contested cases require significant preparation and courtroom advocacy.
Important Note on Representation: Each spouse must have (or be) their own attorney. We represent only one party – never both – and provide vigorous, ethical advocacy when litigation is unavoidable. We only handle Litigated divorces in Brevard County.
(Brevard & Statewide)
Virtual-friendly elements: Many hearings, depositions, and mediations in Florida are now conducted via Zoom, reducing travel and stress even in litigated matters.
Why Choose an Experienced Family Mediation Attorney for Litigation?
Our background in mediation and collaborative law gives us a unique edge: We understand how to spot settlement opportunities even in contested cases, negotiate effectively during discovery, and use mediation strategically to pull cases back from trial. When litigation is unavoidable, we fight hard – but always with an eye toward the most efficient, family-focused resolution possible.
Ready to Explore Every Option Before Litigation?
We only recommend or pursue litigation as a true last resort. In your consultation, we’ll walk through your specific circumstances, explain why uncontested, collaborative, or mediated paths may still be viable (or why they aren’t), and give you realistic expectations for every route – including litigation if that’s where we land.
Most clients who come to us fearing a courtroom battle discover a better path exists. Let’s find yours.
Call (321) 951-3400 or click below — the first step is completely confidential and pressure-free.
We’ll review your situation, prioritize the least adversarial process that fits, provide clear timelines and fee structures, and answer every question so you can move forward with confidence – not fear.
