What to expect in a Florida Contested Divorce

A Florida contested divorce can involve multiple stages, including financial disclosures, mediation, temporary hearings, and trial proceedings. Below is a breakdown of each stage of a divorce. Make sure to seek legal advice as to what is best for you and your family. Please note depending on the complexity of your case, some stages may take longer than other and some may be skipped all together. 

1. Petition for Dissolution of Marriage Filed

One spouse starts the divorce case by filing a Petition for Dissolution of Marriage with the court.

If children are involved, the petition usually addresses:

• Parenting plan

• Time-sharing

• Child support

• Decision-making authority

• Division of assets and debts

• Alimony

  
  

2. Service of Process

The other spouse must be formally served with the divorce papers.

After service, the responding spouse generally has 20 days to file an Answer.

3. Response / Counterpetition

The responding spouse may:

• Agree with the petition

• Disagree with parts of the petition

• File a Counterpetition requesting different relief

  
  

4. Mandatory Financial Disclosure and Parenting Class 

Both parties exchange financial information and documents.

This may include:

• Pay stubs

• Tax returns

• Bank statements

• Credit card statements

• Retirement accounts

• Business records

Financial transparency is required in Florida family law cases.

5. Temporary Relief Hearings

Because divorce cases can take months, either party may request temporary orders.

Common temporary issues include:

• Temporary parenting schedule

• Temporary child support

• Temporary alimony

• Exclusive use of the marital home

• Temporary attorney's fees

These orders stay in place until final judgment or further court order.

6. Case Management Conference

The court may schedule a case management conference to:

• Check the status of the case

• Set deadlines

• Address discovery issues

• Encourage settlement

7. Discovery Process

Discovery is the formal exchange of information and evidence.

This phase can include:

Written Discovery

• Interrogatories (written questions)

• Requests for production of documents

• Requests for admissions

Depositions

Attorneys question parties or witnesses under oath.

Experts

The court or parties may involve:

• Forensic accountants

• Parenting evaluators

• Vocational experts

• Mental health professionals

8. Mediation

Florida courts generally require mediation before trial. You may use a court appointed mediator or a private mediator of your choice. 

A neutral mediator helps the parties attempt to resolve disputes involving:

• Parenting plans

• Time-sharing

• Child support

• Property division

• Alimony

Many cases settle at mediation.

9. If Settlement Is Reached

If the parties agree:

• A Marital Settlement Agreement is signed

• A Parenting Plan is finalized

• The agreement is submitted to the judge

The court then schedules a final hearing.

10. If No Settlement Is Reached

The case proceeds toward trial.

The court may hold:

• Pre-trial conferences

• Compliance hearings

• Additional motions hearings

Each side prepares witnesses and evidence for trial.

What Happens During a Florida Contested Divorce Trial

11. Trial

At trial, the judge hears testimony and reviews evidence.

The judge decides disputed issues such as:

• Parenting plan and time-sharing

• Child support

• Equitable distribution of assets and debts

• Alimony

• Attorney's fees

Trials may last from several hours to several days depending on complexity.

12. Final Judgment

The judge enters a Final Judgment of Dissolution of Marriage.

This legally:

• Ends the marriage

• Establishes the parenting plan

• Sets support obligations

• Divides assets and debts

Both parties must comply with the final judgment.

13. Post-Judgment Issues

After the divorce, either party may return to court for:

• Enforcement

• Contempt

• Modification of parenting plan

• Modification of child support or alimony

• Relocation disputes

Patricia Elizee is the Managing Partner of Elizee Law Firm, located at 1110 Brickell Avenue,

Suite 315, Miami, Florida 33131. Founded in 2012, the firm represents clients in both

immigration and family law matters and is known for its compassionate, client-focused, and

results-driven approach. Ms. Elizee earned her Juris Doctor from the University of Miami

School of Law and her Master of Laws (LL.M.) from the University of Washington School of Law.