To file an uncontested divorce in Miami, at least one spouse must have lived in Florida for 6 months (F.S. 61.021), both must agree on every issue, and you file a Petition for Dissolution in the 11th Judicial Circuit through the Miami-Dade Clerk. The county filing fee is about $409. Our firm prepares your full uncontested divorce for a $750 flat attorney fee (court costs and notary separate).

Miami-Dade County is home to Florida's busiest family court system, and an uncontested divorce is the fastest, most affordable way through it when both spouses agree. This guide explains exactly how to file uncontested divorce Miami residents need — the right forms, the local court, the costs, and where a licensed Florida attorney fits in.

What Makes a Divorce "Uncontested" in Florida?

A Florida divorce is uncontested when both spouses agree on every issue in the marriage: division of property, division of debts, time-sharing with any minor children, child support, and alimony. There is no separate "uncontested" case category in the Miami-Dade clerk's system — the difference is that you file your signed agreement alongside (or shortly after) the petition, so the judge has nothing left to decide.

Florida is a no-fault state under F.S. 61.052. The only ground for divorce 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 file. If even one issue is in genuine dispute, the case becomes contested, a flat fee no longer applies, and the matter heads toward mediation (required in most 11th Circuit cases) and potentially trial.

For a closer look at how this plays out across Florida, see our guides to uncontested divorce in Broward County and Tampa.

How Much Does It Cost to File an Uncontested Divorce in Miami?

There are two separate costs to plan for: the attorney fee and the court cost.

  • Attorney fee: Our firm prepares and files your entire uncontested divorce for a $750 flat attorney fee — the same price in all 67 Florida counties, with no hourly surprises.
  • Court filing fee: The Miami-Dade Clerk of Court charges approximately $409 to open a Petition for Dissolution of Marriage. This is set by the county clerk and is separate from our flat attorney fee.
  • Notary and miscellaneous: A notary session (around $50) and a small summons issuance fee (about $10) may apply.

Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk at miamidadeclerk.gov. If you cannot afford the filing fee, you may submit an Application for Determination of Civil Indigent Status, and the court may waive or defer it.

A flat, transparent $750 attorney fee with the $409 court cost disclosed up front means you know the total before you start — full representation by a licensed Florida attorney, not a guess.

Which Court Handles Divorce Filings in Miami-Dade?

Miami sits within Florida's 11th Judicial Circuit. Dissolution petitions are filed in the 11th Judicial Circuit Family Division and processed by the Miami-Dade County Clerk of the Court and Comptroller. In-person family filings are handled at the Lawson E. Thomas Courthouse, 175 NW 1st Avenue, Miami.

Nearly all Florida divorce documents are filed electronically through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com. You do not mail paper to the courthouse for most filings; the portal routes your documents to the Miami-Dade clerk and stamps them into the court record. The 11th Circuit's Family Court Self-Help Program (jud11.flcourts.org) assists self-represented litigants with form packets and filing instructions, though it cannot give legal advice.

When our firm represents you, we prepare your documents in the correct Florida Family Law Form format and e-file them through the portal for you, so you are not navigating the Miami-Dade system alone.

What Are the Two Uncontested Filing Paths?

Florida offers two routes to an uncontested divorce, and choosing the right one matters. Simplified dissolution is faster but has strict eligibility limits; regular uncontested dissolution is broader and covers families with children or alimony.

FeatureSimplified DissolutionRegular Uncontested Dissolution
Governing lawF.S. 61.052(2)F.S. 61.052
Petition form12.901(a)12.901(b)(1) (no children) or 12.901(b)(2) (with children)
Minor/dependent childrenNot allowedAllowed
Alimony requestedNot allowedAllowed
Both spouses appear at hearingRequiredOne spouse may suffice
Financial disclosureWaivedRequired unless waived (Form 12.902(k))
Right to trial/appealWaivedPreserved
Centerpiece agreementForm 12.902(f)(3)Marital Settlement Agreement

Simplified dissolution under F.S. 61.052(2) requires no minor or dependent children, neither spouse seeking alimony, and that both spouses appear together at the final hearing — and it waives your right to a trial and to financial disclosure from your spouse. Most Miami families with children or any support question use the regular uncontested path instead.

What Forms Do You Need to File Uncontested Divorce in Miami?

The Florida Supreme Court publishes standardized family law forms at flcourts.gov. For a regular uncontested Miami filing, the core documents typically include:

Petition for Dissolution of Marriage — Form 12.901(b)(1) (property, no dependent or minor children) or Form 12.901(b)(2) (with children).
Marital Settlement Agreement (MSA) — the centerpiece of the case. The MSA must address property division, debts, time-sharing, child support, and alimony so the court has nothing left to decide.
Family Law Financial Affidavit — Form 12.902(b) (short form, for income under the threshold) or Form 12.902(c) (long form). Generally due within 45 days under Florida Family Law Rule 12.285.
Notice of Joint Verified Waiver of Filing Financial Affidavits — Form 12.902(k), if both spouses agree to waive filing the affidavits.
Parenting Plan — required when minor children are involved, specifying the time-sharing schedule and parental responsibility.
Final Judgment of Dissolution of Marriage — the order the judge signs to end the marriage.

For a simplified case, the Petition is Form 12.901(a) and the agreement is the Marital Settlement Agreement for Simplified Dissolution, Form 12.902(f)(3). Getting the form numbers and MSA terms right is where an attorney-prepared filing protects you — a missing provision can stall your hearing.

How Long Does an Uncontested Divorce Take in Miami-Dade?

Florida imposes no waiting period to file (0 days) once the 6-month residency requirement is met. However, under F.S. 61.19, no final judgment of dissolution may be entered until at least 20 days after the petition is filed. Even a fully agreed Miami case cannot finalize before day 21; the court may shorten this only for good cause.

In practice, an uncontested Miami-Dade case commonly takes a few weeks to a few months from filing to final judgment, depending on how quickly documents are completed, whether children require a parenting course, and the court's hearing calendar. The 11th Circuit controls scheduling, so no firm can promise an exact date. If minor children are involved, both parents must complete a Florida Supreme Court–approved Parent Education and Family Stabilization Course before the final judgment is entered; Miami-Dade accepts online completion, and the certificate must be filed with the court.

Does Miami-Dade Require a Final Hearing for Uncontested Cases?

Most uncontested Miami-Dade divorces conclude with a brief final hearing — often just a few minutes — at which the petitioner appears before a judge who reviews the Marital Settlement Agreement and any Parenting Plan and confirms both parties agree. For simplified dissolutions under F.S. 61.052(2), both spouses must appear together.

The 11th Judicial Circuit's Family Court Self-Help Program also publishes an "Uncontested Dissolution (No Hearing)" packet, meaning certain qualifying uncontested cases can be finalized without an in-person hearing. Eligibility for the no-hearing track has specific requirements, and procedures can vary by division and judge. We confirm which path your case fits and prepare your documents accordingly.

How Is Property and Alimony Handled in an Agreed Miami Divorce?

Florida uses equitable distribution under F.S. 61.075 — marital property is divided fairly, not automatically 50/50, though the court starts from a presumption of equal division. In an uncontested case, you and your spouse decide the split yourselves and write it into the MSA; the judge generally approves a fair, freely agreed division.

Alimony in Florida changed significantly with Senate Bill 1416, effective July 1, 2023, which eliminated permanent alimony. Under F.S. 61.08, only time-limited forms remain: bridge-the-gap (maximum 2 years), rehabilitative (maximum 5 years), and durational (capped by marriage length, and unavailable for marriages under 3 years). Spouses may agree to waive alimony entirely in the MSA, which many uncontested couples do. Florida courts also determine child time-sharing under the best-interests standard of F.S. 61.13, which since July 1, 2023 presumes equal time-sharing is in the child's best interest. See our Tampa uncontested divorce guide for how these same rules apply elsewhere in the state.

Why Use a Licensed Florida Attorney Instead of an Online Form Service?

Non-lawyer document-preparation and "online divorce" services can type your forms, but by law they cannot give legal advice, cannot tell you whether your MSA is complete, and cannot catch a substantive error that delays your case or leaves an asset or debt unresolved. A blank or incorrect provision in a Miami-Dade filing can mean a rejected packet or a returned hearing date.

Our firm is a licensed Florida law office serving all 67 counties. For the same $750 flat attorney fee, we prepare and review your petition, MSA, financial affidavit (or waiver), and parenting plan; confirm the correct simplified-versus-regular path; e-file through the Florida Courts Portal; and answer your legal questions along the way. This is full representation at a flat, transparent price — not a do-it-yourself kit. If your situation turns out to be too complex to remain uncontested, we will tell you honestly.

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.

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About the Author

Antonio G. Jimenez, Esq.

Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

Have questions? Ask Victoria AI

Frequently Asked Questions

How much does it cost to file an uncontested divorce in Miami?

There are two separate costs. Our firm prepares your entire uncontested divorce for a $750 flat attorney fee, the same price in all 67 Florida counties. Separately, the Miami-Dade Clerk of Court charges approximately $409 to file the Petition for Dissolution of Marriage. That court cost is set by the county clerk and is not part of our fee. A notary session (around $50) and a small summons fee (about $10) may also apply. Court filing fees can change, so verify the current amount with the Miami-Dade clerk at miamidadeclerk.gov before filing. If you cannot afford the fee, you may apply for civil indigent status to have it waived or deferred.

What is the difference between simplified and regular uncontested dissolution?

Simplified dissolution under F.S. 61.052(2) (Form 12.901(a)) is faster but limited: it requires no minor or dependent children, neither spouse seeking alimony, agreement on property and debts, and both spouses must appear together at the final hearing. It also waives your right to a trial and to financial disclosure from your spouse. Regular uncontested dissolution (Form 12.901(b)(1) without children, or 12.901(b)(2) with children) is broader — it handles cases with children, alimony, or where one spouse cannot appear — and is resolved through a written Marital Settlement Agreement and, if children are involved, a Parenting Plan. Most Miami families use the regular uncontested path.

Where do I file for divorce in Miami-Dade County?

You file in Florida's 11th Judicial Circuit Family Division through the Miami-Dade County Clerk of the Court and Comptroller. In-person family filings are handled at the Lawson E. Thomas Courthouse, 175 NW 1st Avenue, Miami. In practice, most documents are filed electronically through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com, which routes your filing to the Miami-Dade clerk and stamps it into the court record. The 11th Circuit's Family Court Self-Help Program (jud11.flcourts.org) can sell the correct form packet and explain filing steps, but it cannot give legal advice. When our firm represents you, we prepare and e-file your documents through the portal for you.

How long does an uncontested divorce take in Miami?

Florida has no waiting period to file once you meet the 6-month residency requirement under F.S. 61.021. However, F.S. 61.19 requires at least 20 days to pass after the petition is filed before a final judgment can be entered, so even a fully agreed Miami case cannot finalize before day 21. In practice, an uncontested Miami-Dade case commonly takes a few weeks to a few months, depending on how fast the documents are completed, whether children require a parenting course, and the court's hearing calendar. The 11th Circuit controls scheduling, so no attorney can promise an exact finalization date.

Do both spouses have to appear at the final hearing?

It depends on the path. For a simplified dissolution under F.S. 61.052(2), both spouses must appear together at the brief final hearing. For a regular uncontested dissolution, the petitioner typically appears before the judge for a few minutes to confirm the Marital Settlement Agreement and any Parenting Plan. The 11th Judicial Circuit also publishes an 'Uncontested Dissolution (No Hearing)' packet, meaning certain qualifying uncontested cases can be finalized without an in-person hearing. Eligibility for the no-hearing track has specific requirements, and procedures can vary by judge and division. We confirm which option fits your case and prepare your documents to match.

What must a Marital Settlement Agreement cover?

The Marital Settlement Agreement (MSA) is the centerpiece of most uncontested cases because it resolves everything the judge would otherwise decide. A complete MSA must address division of marital property, allocation of debts, time-sharing with any minor children, child support, and alimony (including a waiver, if both spouses agree to forgo it). When children are involved, a Parenting Plan accompanies the MSA and specifies the time-sharing schedule and parental responsibility for decisions about education, healthcare, and activities. For simplified cases, the standardized form is the Marital Settlement Agreement for Simplified Dissolution, Form 12.902(f)(3). A missing or vague provision can stall your hearing, which is why attorney review matters.

Do I have to file financial affidavits in an uncontested Miami divorce?

Generally, yes. Florida Family Law Rule 12.285 requires each spouse to file a Family Law Financial Affidavit — Form 12.902(b) (short form) or Form 12.902(c) (long form) — typically within 45 days of service. These affidavits disclose income, expenses, assets, and liabilities. However, in a regular uncontested case both spouses may agree to waive filing the affidavits by submitting a Notice of Joint Verified Waiver of Filing Financial Affidavits, Form 12.902(k). Note that a simplified dissolution under F.S. 61.052(2) already waives financial disclosure. We help you decide whether to file or waive based on your specific situation.

What if my spouse and I have minor children?

If you have minor children, you cannot use simplified dissolution; you file a regular uncontested case using Petition Form 12.901(b)(2) and include a Parenting Plan. Florida courts decide time-sharing and parental responsibility under the best-interests standard of F.S. 61.13, which since July 1, 2023 presumes equal time-sharing is in the child's best interest. In an uncontested case, you and your spouse design the schedule yourselves and write it into the plan. Both parents must also complete a Florida Supreme Court–approved Parent Education and Family Stabilization Course before the final judgment is entered. Miami-Dade accepts online completion, and the certificate must be filed with the court. Child support is calculated under the statutory guidelines.

Can I still file for divorce in Miami if I just moved to Florida?

Not yet. Under F.S. 61.021, at least one spouse must have been a Florida resident for at least 6 months immediately before filing the petition. Residency is proven by a Florida driver's license, voter registration, or a sworn statement from a Florida resident who knows you. Military personnel stationed in Florida satisfy the requirement under the same statute. If neither spouse has met the 6-month mark, you cannot file in Miami-Dade until the requirement is satisfied or you file in another qualifying state. Owning Florida property does not by itself satisfy residency — the 6-month rule still applies before you can open a case.

Is an uncontested divorce always the right choice?

An uncontested divorce at a flat fee is a strong fit when both spouses genuinely agree on all five issues — property, debts, time-sharing, child support, and alimony — and both are willing to sign. It saves time and money compared to a contested case, which can require mediation (mandatory in most 11th Circuit cases) and possibly trial. But if there is a real dispute over assets, support, or the children, the case is contested and the flat fee no longer applies. We do not pretend a complex case is simple. If your situation cannot honestly remain uncontested, we will tell you and help you understand your options rather than push you into the wrong path.

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