Contested Divorce in Florida: What Happens After You’re Served?
Getting served with divorce papers? It’s a gut punch, even if you expected it. You might feel angry, scared, or just plain lost about what to do next.
Those feelings are normal. But right now, it’s time to focus on the practical steps ahead.
In Florida, you’ve only got 20 days from the date you were served to file a response with the court. Miss that deadline and you risk losing your say in big decisions about your money, property, and kids.
A contested divorce happens when you and your spouse can’t agree on major stuff—who gets the house, how to split retirement accounts, or who handles parenting time. The process has strict rules and deadlines that protect your rights.
This guide lays out exactly what happens after divorce papers are served in a contested Florida divorce.
You’ll see what documents you need, what financial info you have to share, and what mistakes to avoid as your case moves through court.
Key Takeaways
- Day 0: Served
- By Day 20: File Answer (and Counterpetition if needed)
- By Day 45: Serve mandatory disclosure (typical rule trigger)
- Next: Temporary relief (if needed) → discovery/disclosure → mediation → trial (if unresolved)
First, Confirm What You Were Served With (And What It Means)
When you get divorce papers in Florida, check exactly what documents you’ve got. You need to know if your case will be contested and what your spouse wants.
The papers include specific legal forms. Understanding them helps you respond appropriately and on time.
The Typical “Served Packet” In A Florida Divorce
The main document is the Petition for Dissolution of Marriage. This one kicks off the divorce and lists what your spouse is asking for.
You’ll also get a Summons. That’s the paper telling you about your 20-day deadline to respond.
Some packets include financial forms; regardless, financial affidavits and supporting documents are often required early under mandatory disclosure rules. Here, your spouse lists their income, expenses, assets, and debts.
Some cases include extra forms, like parenting plans if you have kids, or a proposed settlement or a temporary relief request. Check every page. You really don’t want to miss what your spouse is asking the court for.
Contested Vs Uncontested—What Flips It Into A Contested Case
An uncontested divorce means you both agree on everything: property division, debt, alimony, child custody, and support.
If you disagree on even one thing, it’s contested. Maybe you can’t agree on who keeps the house or how much time the kids spend with each parent—doesn’t matter, that’s enough.
Some couples give collaborative divorce a shot, working with attorneys to hammer out deals. If that falls through, it’s still contested.
Your response to the petition decides what happens next. If you agree with everything in your answer, the divorce stays uncontested. If you object to anything, you need to spell it out in your response.
| Document | Why it matters | What to do today |
| Petition for Dissolution | Lists what your spouse is asking the court for | Highlight disputed items (custody, support, property) |
| Summons / service paperwork | Triggers response deadline | Calendar the 20-day response date |
| Any temporary relief notices | Could create near-term hearing deadlines | Gather income/expense docs immediately |
| Initial financial forms (sometimes) | Often ties into mandatory disclosure | Start your disclosure checklist |
Mulligan & Associates can help you respond within Florida’s 20-day deadline and protect parenting and finances—call 352-593-5990; Schedule a consultation.
Your 20-Day Deadline—What To File (And Why It Matters)
Once you get served in Florida, the clock starts ticking. You’ve got 20 days from the date you were served to file your response with the court.
The type of response you choose can shape your whole case.
Answer Vs Counterpetition (The Practical Difference)
An Answer is your official response to the divorce petition. You go through each statement your spouse made and say if you agree or disagree.
Maybe you agree the marriage is over, but you don’t agree about property or child custody arrangements. The Answer marks the start of the contested issues in your divorce.
A Counterpetition lets you ask for what you want, not just react. You tell the court your own requests—maybe a different custody plan, alimony, or a split of assets that works for you.
Counterpetitions usually go with your Answer when you want to stake out your own position instead of just responding to your spouse.
What Happens If You Do Nothing (Default Risk + Loss Of Leverage)
If you miss the 20-day response window, your spouse may seek a default, allowing the case to move forward without your participation—often putting you at a major strategic disadvantage.
You lose your say about property, debts, alimony, and even child custody. The court just moves on without you.
Key consequences of missing the deadline:
- Your spouse’s requests may be granted automatically
- You can’t dispute asset division or debt allocation
- You lose your say in custody or visitation
- You give up your right to request alimony
Even if you try to undo a default judgment later, it’s tough and you have to prove something extraordinary happened. The safest bet? File your response on time.
| If you… | File… | Best when… | Risk if you skip |
| Mostly agree, but want to respond | Answer | Disputes are limited or you need time | Default exposure if you don’t respond |
| Disagree and want your own asks | Answer + Counterpetition | You want specific relief (custody, alimony, property terms) | You lose initiative and bargaining leverage |
| Need more time | (Attorney may seek extensions / procedural options) | You’re gathering documents or hiring counsel | Waiting without action can still lead to default |
The 45-Day Financial Disclosure Clock (And Why It Drives Everything)
After you’re served with divorce papers in Florida, a 45-day countdown kicks off. In most dissolution cases, mandatory disclosure materials must be served within 45 days of service of the petition on the respondent (with limited exceptions).
This deadline shapes the entire timeline for dividing assets, determining alimony, and making support decisions.
What “Mandatory Disclosure” Usually Includes
Florida Family Law Rule 12.285 makes you turn over specific financial documents in every contested divorce. You have to provide a financial affidavit listing your income, expenses, assets, and debts.
The financial disclosure packet includes supporting documents. Think tax returns for the last three years, recent pay stubs, bank statements, retirement account info, and mortgage documents. Credit card statements, car titles, business records—if it’s financial, you probably need to include it.
These documents give everyone (and the court) the real numbers for splitting stuff up. No full disclosure? The judge can’t divide property or set support fairly.
The Certificate Of Compliance And Ongoing Duty To Update
Once you exchange documents, you need to file a Certificate of Compliance. That’s a sworn statement saying you gave your spouse all required disclosures within the 45-day window.
Failure to comply can trigger court sanctions and procedural consequences; timely, complete disclosure protects your credibility and your negotiating leverage. Judges take late or missing disclosures seriously—they slow everything down.
Your duty to disclose doesn’t end at 45 days. If something changes—like a new job, a raise, or selling property—you have to update your affidavit quickly.
Mandatory disclosure starter checklist
| Category | Examples to gather | Why it matters |
| Income | Pay stubs, tax returns/W-2/1099 | Support and alimony analysis |
| Accounts | Checking/savings, retirement, brokerage statements | Asset division + tracing |
| Debts | Credit cards, loans, mortgages | Net marital estate picture |
| Property | Deeds, appraisals (if available) | Equity + distribution |
What Happens Next In A Contested Divorce (The Court Process, Step-By-Step)
After you’re served, contested divorces in Florida usually follow five phases. Most cases settle during discovery or mediation, but property fights and custody disputes sometimes need a judge to step in.
The “5-Phase” Contested Divorce Flow
Phase 1: Pleadings (Your 20-Day Response Window)
This phase starts when you’re served and runs through filing your response within 20 days. It’s where both sides formally state their positions on parenting, property, and support.
Phase 2: Temporary Relief (Short-Term Orders While the Case Is Pending)
If urgent issues need immediate structure, either spouse can request temporary orders—such as time-sharing, child support, spousal support, or who stays in the home until the final judgment.
Phase 3: Discovery (Information Exchange and Evidence Building)
Both sides exchange financial documents, answer written questions, and may take depositions. This phase often takes the most time and effort, especially when finances are complex or trust is low.
Phase 4: Mediation (Settlement Attempt Before Trial)
Mediation is the structured negotiation phase where a neutral mediator helps you try to reach agreement. In many Florida cases, courts expect parties to attempt mediation before trial.
Phase 5: Trial (Final Decision by the Judge)
If settlement fails, the case proceeds to trial. The judge reviews evidence and testimony and then issues final, legally binding orders on parenting, support, and property division.
Where Cases Commonly Settle (And Where They Don’t)
Most contested divorces in Florida settle at mediation or just before trial. Financial issues with simple assets—like bank accounts or cars—usually get sorted during discovery once both sides see all the numbers.
Child custody often settles at mediation, especially if both parents want what’s best for their kids. Support amounts, since they’re based on Florida guidelines, also tend to resolve early.
But cases go to trial when emotions run high, or there’s a lot at stake. Business valuations, inheritance fights, or debates over what counts as marital property often need a judge. Custody fights that involve abuse or drugs almost never settle without a court.
If you think your spouse is hiding money, you’ll probably need formal discovery and maybe court orders to get the truth. Hidden assets and financial dishonesty are big reasons cases end up in trial.
Unsure whether to file an Answer or Counterpetition? A quick strategy call with Mulligan & Associates clarifies next steps and disclosure prep—Contact us.
Immediate “Do / Don’t” Rules After You’re Served (Money, Kids, Communication)
Many Florida circuits issue standing family law orders that set ‘do not’ rules during the case (assets, insurance, children). The exact terms depend on your circuit. What you do with your kids—and the way you document their care—can directly affect custody decisions.
Money And Assets—Preserve, Don’t Panic
Florida law steps in automatically when someone files for divorce. Do not make unusual asset transfers or major financial changes without legal guidance; your circuit’s standing order and the court can restrict conduct during the case.
This covers your house, cars, retirement accounts, and any other valuables. It’s not a suggestion—it’s a rule.
Do not:
- Empty bank accounts or hide money
- Cancel insurance policies on your spouse or children
- Change beneficiaries on life insurance or retirement accounts
- Sell or transfer property titles
- Rack up unusual credit card debt
Do:
- Keep copies of all financial statements and records
- Document all marital assets and debts
- Continue paying regular household bills
- Open a separate bank account for your income only
- Track all money you spend
If you need help with living expenses, your attorney can ask the court for temporary support orders. Trying to make big financial moves without approval might land you in trouble and could hurt your case when the judge divides property.
Children—Stability, Routines, And Documentation
Courts want kids to keep their routines as normal as possible during divorce. The way you act now will shape parenting plans and affect child custody outcomes.
Judges want to see which parent supports the children’s relationship with the other parent. That part’s huge.
Keep doing:
- Normal school drop-offs and pickups
- Regular bedtimes and mealtimes
- Existing sports, activities, and lessons
- Medical and dental appointments
Start documenting:
- Your time with the children each day
- Activities you do together
- School events you attend
- Any concerning behaviour from your spouse
Don’t badmouth your spouse to the kids or anywhere near them. Don’t use them as messengers or pump them for info about the other parent’s life.
Courts really don’t like it when a parent tries to damage the parent-child relationship. Always keep conversations about the kids separate from divorce drama.
If Your Spouse Won’t Cooperate, You Still Have Options
If your spouse refuses to engage, you can still move forward. Florida law lays out clear options, whether your spouse ignores everything or fights you on every detail.
Non-Cooperation Scenarios (No Response Vs “Contesting Everything”)
When your spouse gets the divorce papers, how they respond changes what happens next. If they don’t file an answer within 20 days, you can ask for a default divorce.
That means the court may grant your requests without your spouse’s input. It’s not automatic, but it’s possible.
Sometimes, a spouse chooses not to participate at all. The judge reviews your paperwork and might approve the divorce based on what you’ve filed.
On the other hand, some spouses contest everything. They file responses, hire attorneys, and disagree about property, debts, or children.
This starts a contested divorce track in Florida. It’s a longer and more involved process.
Others fall somewhere in the middle. They may respond late, agree on some issues but not others, or drag things out without fully contesting. Every scenario changes your timeline.
What A “Contested” Track Typically Requires
Contested divorces in Florida follow a structured process. Both sides must complete mandatory disclosure and exchange financial documents like tax returns, bank statements, and pay stubs.
The court usually requires mediation before trial. A neutral mediator helps you try to settle the disagreements.
Florida judges expect couples to at least attempt mediation first. If you can’t work things out, your case heads toward a final hearing or trial.
You’ll present evidence, call witnesses, and let a judge decide unresolved divorce matters. This whole thing takes months longer than an uncontested divorce.
Discovery becomes important in contested cases. Your attorney can request documents, send written questions (interrogatories), and take depositions. All of this helps dig up information if your spouse won’t share voluntarily.
When You Should Talk To A Florida Divorce Attorney (And What To Bring)
Once you’re served with divorce papers, the clock starts ticking on your response. Sometimes you need a lawyer right away, sometimes you have a little time to get organised.
Situations That Turn “Served Papers” Into A High-Stakes Case
Call an attorney immediately if your divorce involves complex property or tricky legal issues. High-asset divorce cases require prompt action because large marital estates require careful valuation and protection.
Military divorce brings its own set of headaches—jurisdiction, splitting up benefits, and deployment schedules. If you or your spouse is in the military, you’ll need a lawyer who knows how to navigate federal laws like the Servicemembers Civil Relief Act.
If your spouse’s petition asks for full custody or most of the marital assets, don’t wait. The same goes for cases with domestic violence allegations, business ownership fights, or requests for temporary financial support.
Think your spouse is hiding assets or pulling something shady with money? Get a lawyer on board as soon as possible.
Your First Consult Checklist
When you head in for your first consultation with a divorce lawyer, you’ll want to bring along documents that show your financial picture and family situation.
Financial documents you should gather include:
- Recent tax returns (last two years)
- Bank statements and investment account records
- Retirement account statements
- Property deeds and mortgage statements
- Credit card statements and loan documents
- Pay stubs or business income records
Bring the divorce petition and summons (if you have them). If a prenuptial or postnuptial agreement exists, include a copy as well.
If children are involved, gather current schedules, school-related records, and documentation of childcare and child-related expenses.
Before your meeting, prepare a short list of questions about property division, time-sharing, and potential support obligations.
These materials allow your attorney to provide advice tailored to your facts rather than general information.
If your spouse is escalating the case toward hearings, mediation, or trial, get a plan for evidence and resolution with Mulligan & Associates—Schedule an appointment.
Frequently Asked Questions
What should I do first after being served with divorce papers in Florida?
Start by reading the petition and summons carefully, then calendar your response deadline. Preserve records, avoid unusual financial moves, and gather documents for mandatory disclosure. If children are involved, keep routines stable and communicate in writing, respectfully.
How long do I have to respond after I’m served in Florida?
In Florida, the respondent generally has 20 days from the date of service to file a written response (typically an Answer, sometimes with a Counterpetition). Missing that window can put you on a fast track toward default.
What happens if I don’t respond to a divorce petition in Florida?
If you do not file a response, the petitioner may move for default. The case can proceed without your input, reducing your ability to dispute property, support, or parenting terms unless you later persuade the court to set default aside.
Should I file an Answer or an Answer plus Counterpetition?
File an Answer if you mainly want to admit or deny the petition’s allegations. Add a Counterpetition if you want the court to grant your own requested relief (different parenting plan, support, or property division) rather than only reacting.
Can I request temporary orders right after being served?
Yes. Either spouse can request temporary relief for urgent issues while the case is pending, such as time-sharing, child support, spousal support, or who stays in the home. Temporary orders provide structure until a final agreement or trial.
What is “mandatory disclosure,” and when is it due in Florida divorce?
Mandatory disclosure is the required exchange of core financial information in most Florida family cases. Rule 12.285 generally requires serving the listed documents within 45 days of service of the initial pleading on the respondent, with limited exceptions.
Is mediation required before trial in a contested Florida divorce?
Mediation is commonly ordered before trial in contested Florida divorces. For parenting disputes, Florida law directs courts in circuits with a family mediation program to refer custody/visitation issues to mediation, with exceptions such as domestic violence concerns.