Can We Still Get Divorced If We’re Fighting Over Property in FL?

A property dispute does not stop a Florida divorce from moving forward.

This is one of the most persistent misconceptions people have when they enter the process. They assume that because they cannot agree on who gets the house, or how to split retirement accounts, or what the business is worth, the divorce itself is stuck. It is not.

In Florida, the legal ground for divorce is separate from the resolution of property. You can obtain a final dissolution of marriage even if the financial issues are still being fought over, in some circumstances. Here is how it actually works.

What Florida Actually Requires to Grant a Divorce

Florida Statute §61.052 states that no judgment of dissolution of marriage shall be granted unless one of the following facts appears:

1. The marriage is irretrievably broken
2. One party has been adjudicated mentally incapacitated for at least three years

Florida is a pure no-fault state. You do not need to prove wrongdoing. You do not need your spouse’s agreement. You do not need to have resolved every financial issue. One spouse asserting that the marriage is irretrievably broken is legally sufficient to proceed.

What that means practically: a property dispute, no matter how heated, does not give your spouse the power to block the divorce from happening. They can contest the property division. They cannot prevent the dissolution itself.

What Happens to Property Disputes During a Contested Divorce

When property is disputed, the divorce becomes what Florida courts call a contested dissolution of marriage. The process is more involved, but it still moves forward through a structured set of stages.

Here is how a contested Florida divorce typically proceeds when property is in dispute:

1. Filing and service

One spouse files a petition for dissolution with the circuit court. The other spouse is served and has 20 days to respond. The response can contest property values, classification of assets, or any other financial issue without stopping the process.

2. Mandatory financial disclosure

Both parties must exchange financial affidavits and supporting documents under Florida Family Law Rule of Procedure 12.285 within 45 days of service. This is the foundation for all property negotiations and court decisions.

3. Temporary orders

While the divorce is pending, either spouse can request temporary orders to address immediate needs. Courts can issue orders covering:

• Temporary use and possession of the marital home
• Temporary support and alimony
• Preservation of marital assets
• Payment of household bills and mortgage obligations
• Restrictions on dissipating or transferring marital assets

These orders keep financial matters stable while the full property dispute works its way through the process.

4. Discovery

Both sides gather financial evidence through depositions, document requests, subpoenas, and, in complex cases, forensic accounting. This is where disputed asset values, business interests, and income figures get formally examined.

5. Mediation

Florida requires mediation before a contested divorce proceeds to trial. A neutral mediator works with both parties and their attorneys to resolve outstanding issues. Mediation settles a significant portion of contested Florida divorces without requiring a judge to decide.

6. Trial

If mediation fails to resolve the property dispute, the case goes to trial. A judge, not a jury, decides all remaining financial issues. Under Florida Statute §61.075, the court must support any distribution of assets with written factual findings based on the evidence presented.

How Long Does a Contested Property Dispute Add to the Timeline?

It depends on the complexity of what is being disputed.

A straightforward property dispute involving a marital home and joint accounts may be resolved within six to twelve months. Cases involving business valuations, multiple properties, retirement accounts, or hidden assets can extend to eighteen months or longer.

Factors that extend the timeline include:

• Disputes over the classification of assets as marital or nonmarital
• Disagreements over the value of a business or professional practice
• Allegations of hidden income or dissipated assets
• Complex retirement account division requiring a Qualified Domestic Relations Order
• Multiple real estate holdings with contested valuations
• Either party’s failure to comply with financial disclosure deadlines

Can You Separate the Divorce from the Property Division?

In some circumstances, yes.

Florida courts have discretion to bifurcate a divorce, meaning they can grant the dissolution of the marriage as a final legal status while leaving the property issues to be resolved separately.

Bifurcation is not common and is not a right that either party can demand.

Courts generally grant it when there is a compelling reason to legally end the marriage before the financial issues are fully resolved, such as one spouse needing to remarry for estate planning or insurance reasons, or when the financial issues are expected to take a particularly long time to litigate.

If bifurcation is granted, both parties remain obligated to resolve the property issues through the court. The court retains jurisdiction over those matters even after the dissolution itself is final.

What Protects Your Assets While the Property Dispute Is Pending?

A property dispute can take months to resolve. During that time, marital assets need to be protected.

Florida courts have several tools to prevent one spouse from damaging the marital estate while the case is pending:

• Automatic temporary injunctions: Upon filing in Florida, automatic injunctions prevent either spouse from dissipating, wasting, or transferring marital assets without the other’s consent or court approval. These take effect immediately upon service of the petition.
• Temporary restraining orders: Courts can issue specific orders restricting access to accounts, prohibiting the sale of property, or freezing business assets.
• Contempt sanctions: A spouse who violates these orders can be held in contempt, which may result in fines or incarceration.

Under Florida Statute §61.075(1)(i), the court must also consider the intentional dissipation, waste, or destruction of marital assets within two years before filing when making the final distribution.

What Should You Focus On If Property Is Disputed?

A property dispute is not a reason to delay filing or to avoid the process. It is a reason to be prepared.

Here is what matters most when property is contested:

• File for divorce when the marriage is irretrievably broken. Do not wait for the property issues to resolve themselves.
• Secure copies of all financial documents as early as possible: tax returns, bank statements, property deeds, retirement account statements, and business records.
• Identify all marital assets and their approximate values before formal discovery begins.
• Retain legal representation with experience in contested property disputes, not just uncontested divorces.
• Understand what temporary orders are available to protect your financial position while the case is pending.
• Be realistic about the cost and time involved. Most property disputes settle through negotiation or mediation before reaching trial.

Property Disputes Don’t Have to Stall Your Florida Divorce

A property dispute makes a Florida divorce more complex and more expensive. It does not make it impossible, and it does not give either spouse a way to block the process indefinitely.

At Nest Law, we handle contested Florida divorces involving complex property disputes, business interests, and high-value marital estates. We know how to move a case forward efficiently while protecting your financial position throughout the process.

If property is at the center of your divorce, contact us today for a confidential case evaluation.

This blog post is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a qualified Florida family law attorney.