How to File for Divorce in Miami-Dade County: Step by Step

Filing for divorce in Miami-Dade County follows a set sequence: confirm you qualify, prepare the petition, file it electronically with the Clerk, serve your spouse, exchange financial information, and work toward an agreement or a final hearing. Cases are heard by the Family Division of the Eleventh Judicial Circuit, and in-person family matters are handled at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue in Downtown Miami.

This guide walks through each step as it generally works in Miami-Dade. Every case is different, so treat it as an overview, not legal advice.

Steps to file for divorce in Miami-Dade

1. Confirm the residency requirement. At least one spouse must have lived in Florida for six months before the petition is filed (Fla. Stat. § 61.021).
2. Choose your path: simplified, uncontested, or contested (explained below).
3. Prepare the petition and forms. Florida Supreme Court approved family law forms are available from the Florida Courts family law forms page.
4. File electronically and pay the filing fee. Petitions are filed with the Miami-Dade Clerk of Courts, usually through the Florida Courts E-Filing Portal.
5. Serve your spouse with the petition, which starts their time to respond.
6. Exchange financial information (mandatory disclosure).
7. Complete the parenting course if you have minor children.
8. Mediate the issues you have not agreed on.
9. Final hearing and judgment. A final judgment generally cannot be entered until at least 20 days after the petition is filed (Fla. Stat. § 61.19).

Step 1: The residency requirement

Florida requires that at least one spouse reside in the state for six months before filing (Fla. Stat. § 61.021). Proof usually comes from a Florida driver license, a Florida ID card, or a witness who can confirm the residency. If the requirement is not met, the court cannot grant the divorce.

Florida is also a no-fault divorce state. The petition generally alleges that the marriage is irretrievably broken, and neither spouse has to prove wrongdoing to get the divorce itself (Fla. Stat. § 61.052).

Step 2: Simplified, uncontested, or contested

• Simplified dissolution: for spouses with no minor or dependent children (and the wife is not pregnant) who agree in writing on how to divide property and have no unresolved financial obligations. In Miami-Dade, both spouses complete a marital settlement agreement and appear together in person at the Lawson E. Thomas Courthouse Center with photo ID (Fla. Fam. L. R. P. 12.105).
• Uncontested divorce: the spouses agree on everything, including children and support issues, but do not use the simplified procedure. Our uncontested divorce page explains this path.
• Contested divorce: the spouses disagree on one or more issues, such as property, support, or time-sharing. These cases go through disclosure, negotiation, mediation, and if needed a trial. See contested divorce.

Step 3 and 4: Forms, filing, and fees

Most filings are electronic. Attorneys are required to e-file, and self-represented parties can use the Florida Courts E-Filing Portal or work through the Clerk’s office. After the petition is filed and the fee is paid, the Clerk assigns a case number and a family division.

Filing fees apply and are set by the Clerk. Current amounts are listed on the Miami-Dade Clerk’s family court page, along with information about family court records and e-filing.

The Eleventh Judicial Circuit also runs a Family Court Self-Help Program at the courthouse for people representing themselves. It helps with forms and procedure but does not give legal advice.

Step 5: Serving your spouse, including if you cannot find them

Your spouse must be formally served with the petition. When a spouse cannot be located, Florida law allows service by publication (a legal notice in a newspaper) in divorce cases (Fla. Stat. § 49.011(4)). This option generally requires showing that you made a diligent effort to find your spouse first, and the details matter, so it is worth getting advice before relying on it.

Step 6: Mandatory financial disclosure

Both spouses must exchange detailed financial information early in the case, including financial affidavits and supporting documents such as tax returns and account statements. This applies whether or not the divorce is contested (Fla. Fam. L. R. P. 12.285). Incomplete disclosure is one of the most common reasons a divorce stalls.

Step 7: Children, parenting plans, and the parenting course

When there are minor children, both parents must complete the Parent Education and Family Stabilization Course before the court enters a final judgment, unless the court excuses a party for good cause (Fla. Stat. § 61.21(4)).

Cases with children also need a parenting plan covering time-sharing and decision-making. Since July 1, 2023, Florida law presumes that equal time-sharing is in the child’s best interests, and a parent can rebut that presumption with evidence (Fla. Stat. § 61.13(2)(c)1). Our child custody page explains how time-sharing works.

Step 8 and 9: Mediation and the final hearing

Many Miami-Dade family cases go to mediation before any trial, and many resolve there. That is why careful preparation and complete disclosure early in the case often matter more than any courtroom moment. Learn more about family law mediation.

When everything is resolved, the court enters a final judgment. A final judgment generally cannot be entered until at least 20 days after the petition was filed (Fla. Stat. § 61.19). Uncontested cases can move in weeks; contested cases often take many months.

Property and support follow Florida’s rules on equitable distribution, which starts from an equal split of marital assets and debts but allows an unequal division based on statutory factors (Fla. Stat. § 61.075). Permanent alimony was eliminated for final judgments entered on or after July 1, 2023 (SB 1416 (2023); Fla. Stat. § 61.08).

Going to the courthouse

Because filing is electronic, many people do not visit the courthouse until a hearing is scheduled. The Lawson E. Thomas Courthouse Center is about a block from the Government Center transit hub, so Metrorail and Metromover are practical ways to arrive. Expect airport-style security screening, and always confirm the courtroom and time on your notice of hearing. Our guide on what to expect at the Miami-Dade family courthouse covers hearings in more detail.

Frequently asked questions

Do I have to file in Miami-Dade if I live here?

Miami-Dade family matters are generally filed with the Miami-Dade Clerk and heard by the Eleventh Judicial Circuit’s Family Division. If you and your spouse have separated across county lines, where to file can be a real question, so it is worth asking before you file.

How much does it cost to file for divorce in Miami-Dade?

Filing fees are set by the Clerk and change from time to time, so check the current amount on the Miami-Dade Clerk’s family court page. Attorney fee arrangements vary depending on the nature and complexity of your matter.

How long does a Miami-Dade divorce take?

It depends mostly on whether you agree. A final judgment generally cannot be entered sooner than 20 days after filing (Fla. Stat. § 61.19). Uncontested cases can finish in weeks; contested cases involving children or significant property often take many months. No timeline can be promised for any case.

What if I don’t know where my spouse is?

Florida allows service by publication in divorce cases when a spouse cannot be found after a diligent search (Fla. Stat. § 49.011(4)).

Can I file without a lawyer?

Yes. The courthouse self-help program exists for that purpose. Cases involving children, real estate, retirement accounts, or a spouse who has a lawyer are where self-representation most often runs into trouble.

Is my divorce file public?

Court files are generally public records in Florida, with certain information kept confidential by rule. The safest assumption is that what you file can be seen.

Talk to a Miami divorce lawyer

Connect Attorneys helps people through divorce and family law matters from our office at 701 Brickell Avenue, a short Metromover ride from the family courthouse. Schedule a free, no-obligation consultation and we will explain how Florida law may apply to your situation. Fee arrangements vary depending on the nature and complexity of your matter. Contact us for details. Call 1-833-77CONNECT. Hablamos Español: abogado de divorcio en Miami.