Understanding The 7 Key Steps In A Contested Divorce Process

Posted by Steven Miller in Contested Divorce on September 2, 2026

A contested divorce process moves through filing, service, a formal response, financial disclosure, discovery, mediation, and a final hearing before a judge resolves outstanding disputes. Each step builds on the one before it, and skipping or rushing through any of them can add delays or weaken a spouse’s position later in the case. What happens in a contested divorce, and who pays for a contested divorce, both depend heavily on how many of these steps end up contested along the way.

A contested divorce process moves through several formal steps, and the number involved often surprises people walking into it for the first time. Each stage builds on the one before it, from the initial filing down to the final hearing where a judge signs off on the outcome.

Knowing what to expect at each point makes the process less intimidating and helps you prepare properly along the way.

Filing the Petition

Every contested divorce process begins when one spouse files a Petition for Dissolution of Marriage with the local circuit court. This document lays out what the filing spouse wants the court to decide: custody arrangements, how property should split, if alimony applies, and anything else in dispute. Once filed, the case gets an official number, and the countdown starts toward every deadline that follows.

Florida law requires at least one spouse to have lived in the state for six months before filing, so residency needs confirming before this step happens. What happens in a contested divorce from this point forward largely depends on how clearly the initial petition spells out each disputed issue, since vague or incomplete filings often lead to delays down the line.

Serving the Other Spouse

After filing, the spouse who started the case must formally serve the other party with the petition and summons. Service has to follow strict legal rules, typically through a process server or sheriff’s office, to make sure the receiving spouse gets proper legal notice.

This step carries real weight, since a case can stall or get dismissed if service isn’t done correctly. Once served, the clock starts on the response window, and the receiving spouse officially becomes part of the legal proceeding with rights to contest whatever the petition proposes.

Filing a Response

The served spouse has 20 days under Florida law to file a formal answer to the petition. This response either agrees with what’s proposed or contests specific points, laying the groundwork for exactly how contentious the case will become. Skipping this deadline risks a default judgment, meaning the court could grant everything the filing spouse asked for without any input from the other side.

A well-drafted response addresses each claim in the petition individually, admitting what’s accurate and disputing what isn’t, which gives both the court and the opposing attorney a clear picture of where disagreement starts.

Exchanging Financial Affidavits

Both spouses must complete and exchange financial affidavits, detailed forms listing income, expenses, assets, and debts. Florida requires this regardless of how straightforward or complicated the finances seem, and the specific form used depends on income falling above or below $50,000 annually.

These documents become the foundation for decisions about child support, alimony, and how property gets divided, so accuracy carries real weight at this stage. Missing or dishonest financial affidavits can lead to serious consequences later, including sanctions or a reopened case if hidden assets surface after the divorce finalizes.

Discovery

Discovery lets both sides formally request documents, records, and sometimes depositions to build their case around disputed issues. This step often adds the most time and expense to a contested divorce process, since gathering bank records, business documents, or expert appraisals takes real effort on both sides.

Who pays for a contested divorce often comes down to how much discovery a case requires, since depositions and document requests drive up legal fees quickly. Florida law allows a judge to shift some of that cost onto the higher-earning spouse under Florida Statute 61.16, based on need and ability to pay.

When it’s time to leave . . . Call Steve.

Divorce and family law issues do not have to be overwhelming. Steven D. Miller, P.A. helps clients understand their legal options, address the issues in their cases, and move through the divorce process with straightforward guidance.

Our approach focuses on clear communication, practical information, and legal services tailored to the needs of each client.

Contact us to discuss your circumstances and learn how we may be able to assist.

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Mediation

Most Florida courts require mediation before a contested case goes to trial, giving spouses one more structured chance to settle disputed terms without a judge deciding for them. A neutral mediator facilitates the conversation, moving between both sides to relay offers and find common ground on custody, property, or support.

Many cases resolve at this stage, since mediation tends to feel less adversarial than sitting across from each other in a courtroom. If mediation succeeds, the agreement gets drafted, signed, and submitted to the court, effectively turning what started as a contested case into a resolved one before trial ever happens.

Trial or Final Hearing

If mediation doesn’t resolve every issue, the case proceeds to trial, where each side presents evidence, calls witnesses, and makes legal arguments before a judge. This is the final step in a contested divorce process, and it’s where a judge issues rulings on whatever remains unresolved: custody, property division, alimony, or anything else still in dispute.

Trials can stretch across a single day or multiple sessions depending on how many issues remain open and how many witnesses testify. Once the judge rules, a final judgment gets entered, officially ending the marriage and putting the court’s decisions into effect.

Florida Divorce Attorney Serving the Entire State

At Steven D. Miller, P.A., we walk clients through each stage of the contested divorce process instead of leaving them to figure out deadlines and paperwork alone. Our flat-fee pricing means clients across Florida know the cost upfront, without watching hours pile up as the case moves through discovery and mediation.

We handle everything from the initial petition to the final hearing, keeping clients informed at every turn instead of leaving them guessing. We prepare every document with the same level of detail, so nothing catches our clients off guard partway through the case. Clients who work with our firm get direct access to their attorney, honest answers about their case, and a team that treats every step with the same attention regardless of how complicated it gets.

Reach out to our office today and let’s get your case moving in the right direction.

FAQs

What is the first step in a contested divorce process?

The process starts when one spouse files a Petition for Dissolution of Marriage with the circuit court, which officially opens the case and outlines what they want the court to decide about property, custody, or support.

What happens in a contested divorce if mediation fails?

If mediation doesn’t resolve every issue, the case moves to trial, where a judge reviews the evidence from both sides, listens to testimony, and issues a final ruling on whatever remains unresolved.

Who pays for a contested divorce if one spouse earns significantly more?

A judge can order the higher-earning spouse to cover part of the other’s attorney fees, based on each party’s need and ability to pay under state law governing contested cases.