Navigating a Miami contested divorce in 2026: requirements, process steps, alimony, AI risks for pro se litigants, and when to hire an attorney.
In the Part I of Miami Divorce Options for 2026, I covered the paths to an uncontested divorce. Now, let’s tackle contested divorces—where disputes over property, alimony, parenting, or support can turn a straightforward process into a lengthy, costly battle.
Here’s the reality: 70% of contested divorces settle before trial, but without proper representation, pro se litigants (those representing themselves) risk costly mistakes, AI-generated errors, and unfavorable outcomes. This post will walk you through the 4-step contested divorce process, explain alimony in 2026, highlight AI risks you need to know about, and show you why hiring an experienced Miami divorce attorney is worth the investment.
Let’s dive in.
Florida Divorce Law Requirements
The first requirement for any divorce in Florida is that either you or your spouse must have lived in Florida for at least 6 months before filing a petition for dissolution of marriage.
For a contested divorce, the second requirement is that your spouse must be served with the divorce papers. If you don’t know where your spouse is, that is a different issue and set of circumstance which require a divorce by publication and I do not address those in the post.
From this point forward there are different legal principles applicable depending on what is involved in your situation:
- Children (minors/dependent) – you will need to have a parenting plan, which deals with parental responsibility and time-sharing. Equal time-sharing is now the default, but this can be changed by a judge, depending on the best interest of the child/children, and what the allegations/evidence show as to why equal time-sharing should not be ordered in your case. You will also need to calculate child support according to the child support guidelines. You must attend a parenting class for parents, which can be done online.
- Property and/or debt – You will need to deal with the division of property and debt, which is not always 50-50 and involves addressing property/debt acquired before the marriage. This statement assumes you do not have a prenuptial agreement.
- Alimony – we can now forget about permanent alimony. Four types of alimony are now available: temporary, bridge-the-gap, rehabilitative, and durational alimony (subject to caps based on marriage length). There are also factors for the judge to consider in awarding alimony, such as earning capacity, age, health, and marital contributions when deciding awards.
All of the above issues must be addressed in a contested or litigated Florida divorce if it applies to your situation.
What Florida Divorce Law Does Not Require
Most people do not realize that Florida does not require a divorce trial. The only time a trial is required is when the parties do not agree on all of the above issues that needs to be addressed as part of a divorce.
Local family law rules, which are distinct from the Statutes, routinely require parties in a contested divorce to go to mediation before a trial. In Miami Family Court, you cannot even get a trial date until after you have gone to mediation and failed to reach an agreement.
Contested Florida Divorce Process
A contested divorce in Florida follows a structured process from filing to trial, with several key steps:
1. Filing and Service: The process begins when you or your spouse spouse files a Petition for Dissolution of Marriage with the court, outlining key issues such as property division, children’s issues (if applicable) and spousal support (a/k/a alimony, not always applicable). The petition must be formally served to the other spouse by an authorized individual, such as a sheriff’s deputy or process server, ensuring the recipient is legally notified.
2. Discovery and Mediation: After service, the case enters the discovery phase, where both parties exchange financial documents, tax returns, and other relevant information, as required by the Florida Family Law Rules of Procedure. This phase may also include interrogatories and depositions. Florida courts typically require mediation to resolve disputes, which often helps settle issues without going to trial. Mediating requires that discovery be complete to be able to meaningfully mediate.
3. Trial Preparation and Hearings: If mediation fails, the case proceeds to trial. The parties prepare by submitting evidence, including testimony and documents, to support their positions. Florida divorce cases are heard by a judge without a jury, and the Florida rules of evidence are strictly applied.
4. Trial and Final Judgment: The case is tried. The judge hears evidence and makes decisions on contested issues such as alimony, child custody, and property division. After the trial, the court issues a Final Judgment of Dissolution of Marriage.
The timeline for a contested divorce varies significantly, with simpler cases taking 6–12 months and complex cases potentially lasting over two years due to court backlogs and case complexity. Most contested divorces settle before trial, often through mediation or negotiation, making skilled legal representation crucial for effective outcomes.
Possible Additional Stage of a Contested Divorce
The next stage after the trial and the entry of the final judgment is the appeals process. This stage is purely optional and begins when either party, who may be unhappy with the final judgment, decides to appeal that final judgment. Of course, an appeal assumes that there is some appealable question in that final judgment. This process is another long and costly one, in which there is no testimony presented, only appellate briefs (legal arguments on paper) with oral arguments before the appellate court.
AI in Contested Florida Divorce
Artificial intelligence (AI) is increasingly influencing Florida divorce cases, particularly in contested divorces involving pro se litigants (those representing themselves).
AI tools are being used to assist with document drafting, legal research, and case analysis, but their use presents significant risks, especially for self-represented individuals. AI-powered software can automate tasks like drafting petitions, parenting plans, and financial affidavits, and tools like AI-driven calculators can assist with child support and alimony determinations. However, there are growing concerns about the reliability of AI-generated content, with courts warning that AI may produce “fake cases” and “AI-generated slop” that can lead to sanctions for those using AI to represent themselves.
Concerns about the use of AI in the courts has led Miami’s Eleventh Judicial Circuit to issue an Administrative Order regarding the use of AI. It includes sanctions for pro se litigants and attorneys who fail to comply with the directives of the Order. This Order requires anyone using AI to submit court filings to certify when they have used AI in a submitted document as well as a certification that they have complied with ensuring that whatever is included is accurate. It’s important to understand that “AI” slop includes not just fake cases as citations of law but may also include fake facts.
Where to Find Current Florida Divorce Law
Florida statutory law can be found in Chapter 61 of the Florida Statutes. Cases that interpret the application by judges in individual cases, when the trial outcome is appealed, create case law, which is also applicable to divorces in Florida. Appellate opinions from the Florida appellate courts and the Florida Supreme Court can be found on the University of Florida’s Florida case law page.
Take the Next Step: Get Professional Guidance
Contested divorces are complex, costly, and emotionally draining. Whether you’re facing disputes over property, alimony, or parenting arrangements, having an experienced Miami divorce attorney in your corner makes all the difference.
Schedule a confidential case assessment if you have questions about your rights in a contested divorce action in Miami–no obligation, no pressure, just a professional assessmentof your situation.
Schedule Your Case Assessment Session | Call: 305-710-9419