How to File Uncontested Divorce in Hialeah FL: $750 (2026)

To file an uncontested divorce in Hialeah, you submit a Petition for Dissolution of Marriage to the Miami-Dade Clerk of Courts (11th Judicial Circuit) through the Florida Courts E-Filing Portal. The Law Office of Antonio G. Jimenez prepares uncontested cases for a $750 flat attorney fee (court costs ~$408-$410 and notary are separate). At least one spouse must meet Florida's 6-month residency requirement under F.S. 61.021.

This guide walks through exactly how to file an uncontested divorce in Hialeah, which court handles your case, which standardized forms you need, what the Miami-Dade filing fee is, and how long the process typically takes. It is written for spouses who already agree on the terms of their divorce and want to finish the process correctly the first time.

What Is an Uncontested Divorce in Florida?

An uncontested divorce is a dissolution of marriage in which both spouses agree on every issue: division of property, division of debts, time-sharing and parental responsibility for any minor children, child support, and alimony. Florida is a no-fault state under F.S. 61.052, so the only ground you must state is that the marriage is "irretrievably broken." You do not prove adultery, abandonment, or cruelty, and you do not need your spouse's permission to proceed.

Because the spouses have already resolved the substance, an uncontested case skips the contested-litigation road — no discovery fights, no temporary-relief hearings, and no trial. In most Florida circuits, contested cases are ordered into mediation before trial; uncontested cases resolve through a written Marital Settlement Agreement instead. If you and your spouse cannot agree on even one issue, the case is contested and the $750 flat fee does not apply.

Which Court Handles a Hialeah Divorce Filing?

Hialeah is located in Miami-Dade County, which sits in Florida's 11th Judicial Circuit. Divorce (dissolution of marriage) is a circuit-court matter, so your case is filed with the Miami-Dade County Clerk of the Courts and heard in the Family Division of the Circuit Court of the Eleventh Judicial Circuit. Miami-Dade's family cases are administered largely out of the Lawson E. Thomas Courthouse Center in downtown Miami, with the Clerk of Courts processing filings countywide.

You do not need to travel to a courthouse in Hialeah specifically. Florida requires you to file in the county where either spouse resides, and Hialeah residents file in Miami-Dade. Under F.S. 61.021, at least one spouse must have lived in Florida for at least 6 months before the petition is filed, proven by a Florida driver's license, a Florida voter-registration card, or a corroborating witness who is a Florida resident.

Our firm serves clients in all 67 Florida counties, and the $750 flat attorney fee is the same statewide — the same price whether you file in Miami-Dade, Broward, or anywhere else in Florida. For a plain-English overview of the local process, see our guides on uncontested divorce in Hialeah and uncontested divorce cost in Hialeah.

How Do You File an Uncontested Divorce in Hialeah, Step by Step?

Here is the typical sequence to file an uncontested divorce in Hialeah when both spouses agree:

Our firm prepares and reviews each of these documents so your uncontested case is complete before it reaches the clerk. If you would like to talk through your specific situation, you can ask Victoria or schedule a consultation.

Simplified Dissolution vs. Regular Uncontested Dissolution

Florida offers two uncontested routes. The simplified path under F.S. 61.052(2) is faster but comes with strict eligibility limits and waivers. The regular uncontested path is more flexible and is what most families with children or support issues will use.

The simplified route is efficient when it fits — no children, no alimony, agreement on property and debts, and both spouses willing to appear. But it requires both parties to waive financial disclosure and the right to trial, so it is not right for everyone. A regular uncontested dissolution keeps those protections and still resolves without litigation.

What Forms Do You Need to File Divorce in Hialeah?

Florida uses standardized family-law forms available at flcourts.gov. For an uncontested Hialeah case, the core documents typically include:

• Petition for Dissolution — Form 12.901(a), 12.901(b)(1), or 12.901(b)(2), depending on your path and whether you have children.
• Family Law Financial Affidavit — Form 12.902(b) or 12.902(c), unless waived.
• Notice of Joint Verified Waiver of Filing Financial Affidavits — Form 12.902(k), if both spouses agree to waive filing (authorized under Family Law Rule 12.285).
• Marital Settlement Agreement — Form 12.902(f)(3) for simplified cases, or a tailored MSA covering property, debts, time-sharing, child support, and alimony.
• Parenting Plan and Child Support Guidelines Worksheet (Form 12.902(e)) — required when there are minor children, under F.S. 61.13.
• Final Judgment of Dissolution of Marriage — the order the judge signs to grant the divorce.

The Marital Settlement Agreement is the centerpiece of most uncontested cases. It must address how marital property is divided under equitable distribution (F.S. 61.075), how debts are allocated, and — where children are involved — time-sharing, parental responsibility, and child support. Getting the MSA and Parenting Plan right the first time is where an attorney-prepared case pays off, because errors are often discovered only at the final hearing.

How Much Does It Cost to File Divorce in Hialeah?

There are two separate costs: the court's filing fee and the attorney fee. The Miami-Dade Clerk of Courts sets the filing fee for a Petition for Dissolution of Marriage, which is typically about $408-$410, with an additional charge if minor children are involved. Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of August 2026, verify the current amount with the Miami-Dade Clerk before filing.

Our firm prepares your uncontested divorce for a $750 flat attorney fee, the same price statewide. That fee covers preparing and reviewing your petition, Marital Settlement Agreement, and (if applicable) Parenting Plan and child support worksheet. The court filing fee, notary fees (about $50 per session), and any process-server fee ($40-$75) are paid separately by the client.

If you cannot afford the filing fee, Florida lets you file a Motion to Defer Filing Fees (Form 12.902(a)) with the clerk. For a deeper cost breakdown, see our uncontested divorce cost in Hialeah guide.

How Long Does an Uncontested Divorce Take in Hialeah?

Florida has no mandatory waiting period after filing — there is no state-imposed cooling-off period before a judge can grant an uncontested divorce. In practice, timing depends on how quickly documents are prepared and how soon the Miami-Dade court can schedule a brief final hearing. Many uncontested cases move from filing to final judgment in roughly a few weeks to a couple of months, but the court controls its own calendar and scheduling can vary.

Under F.S. 61.13, cases with minor children require a Parenting Plan and may involve a parenting course, which can add time. The respondent has 20 days to file an Answer after being served, though in a fully uncontested case the respondent often signs an Answer and Waiver up front, which shortens the path. We cannot guarantee a specific date because the judge, not the parties, controls scheduling — but preparing complete, accurate documents from the start is the single biggest factor in avoiding delays.

Should You Use an Online Divorce Service or an Attorney?

Non-lawyer online form services and document-typing companies can populate blanks, but by law they cannot give legal advice, cannot tell you whether the simplified or regular path fits your facts, and cannot catch a substantive error in your Marital Settlement Agreement or Parenting Plan. If a form is filled out incorrectly, the mistake often surfaces at the final hearing — after you have already paid the filing fee and waited for a court date.

With the Law Office of Antonio G. Jimenez, a licensed Florida attorney prepares and reviews your documents, confirms your case actually qualifies as uncontested, and answers your legal questions — all for a flat, transparent $750 fee with court costs disclosed up front. An uncontested flat-fee divorce is a good fit when both spouses genuinely agree on all issues. It is not the right tool when there are hidden assets, a business to value, or unresolved disputes over children or support — those cases need a different level of service. If your situation is more complex, we will tell you honestly rather than force it into the uncontested box.

For spouses who are self-employed or own a business, the disclosure and valuation questions matter even in an agreed case — our guide on uncontested divorce when self-employed in Florida explains what to prepare.

Frequently Asked Questions

The questions below address the most common concerns Hialeah residents raise when they decide to file an uncontested divorce.

Legal Disclaimer

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.