Miami Divorce Court: Where & How to File (2026 Guide)

Filing for divorce in Miami means working with the Miami-Dade Clerk of the Circuit Court, Family Division, part of Florida's 11th Judicial Circuit. For an uncontested case, our firm prepares your entire divorce for a $750 flat attorney fee (court costs of roughly $408-$410 and notary are separate). You must meet Florida's 6-month residency requirement under F.S. 61.021 before filing.

Where Is the Miami Divorce Court?

All dissolution of marriage cases in Miami are handled by the Miami-Dade County Clerk of the Circuit Court, Family Division, operating within the 11th Judicial Circuit of Florida. The main filing location is the Miami-Dade County Courthouse at 175 N.W. 1st Avenue, Miami, FL 33128. Depending on where you live, you may also be able to file at satellite courthouses in Hialeah, Homestead, or North Dade.

The Miami divorce court is one of the busiest family courts in Florida, serving a county of more than 2.6 million residents. Because of that volume, filing your paperwork correctly the first time matters. A petition rejected for a missing form or signature can add weeks to your timeline. This is one reason many couples choose an attorney-prepared uncontested divorce rather than navigating the Miami-Dade clerk of court divorce process alone.

Florida is a no-fault state under F.S. 61.052. You do not prove wrongdoing; you state only that the marriage is "irretrievably broken." You do not need your spouse's consent to file, and there is no mandatory waiting period after filing in Florida (0 days), though the court controls final-hearing scheduling.

How Much Does It Cost to File for Divorce in Miami?

The Miami-Dade County filing fee for a Petition for Dissolution of Marriage is approximately $409 as of June 2026. This fee is set by the local clerk and is the same whether your case is a simplified or a regular uncontested dissolution. It is separate from any attorney fee.

Our firm handles uncontested Florida divorces for a $750 flat attorney fee — the same price statewide, in all 67 Florida counties. That covers preparing and reviewing your petition, Marital Settlement Agreement, parenting plan (if you have children), and the other required documents. It does not include the county filing fee or notary costs, which you pay directly.

Here is how the typical out-of-pocket costs break down for a Miami uncontested case:

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. If you cannot afford the filing fee, you may file an Application for Determination of Civil Indigent Status, and the court may waive or defer the fee.

What Counts as an Uncontested Divorce in Miami?

An uncontested divorce means both spouses agree on every issue: division of property and debts, time-sharing (Florida's term for custody under F.S. 61.13), child support, and alimony. If you and your spouse cannot agree on even one issue, the case is contested, and our $750 flat fee does not apply. For more on the difference, see our guide on uncontested vs. contested divorce in Florida.

Florida offers two uncontested paths, and the Miami divorce court handles both.

Simplified Dissolution

Under F.S. 61.052(2), a simplified dissolution uses Form 12.901(a) (Petition for Simplified Dissolution of Marriage). It is only available when:

• There are no minor or dependent children, and the wife is not pregnant
• Neither spouse is seeking alimony
• Both spouses agree on dividing property and debts
• Both spouses appear together at the final hearing

In Miami-Dade, the clerk requires both parties to appear in person to file a simplified petition. This path is faster, but it waives your right to a trial and to financial disclosure from your spouse.

Regular Uncontested Dissolution

When you have children, are addressing alimony, or one spouse cannot appear, you use the regular uncontested route: Form 12.901(b)(1) (Petition for Dissolution of Marriage with Property but No Dependent or Minor Children) or Form 12.901(b)(2) (with children). These cases are resolved through a written Marital Settlement Agreement and, when children are involved, a Parenting Plan.

What Documents Does the Miami Divorce Court Require?

The centerpiece of most uncontested cases is the Marital Settlement Agreement (MSA). For a simplified dissolution, the standard form is Form 12.902(f)(3) (Marital Settlement Agreement for Simplified Dissolution of Marriage). The MSA must address property, debts, time-sharing, child support, and alimony. Our Florida Marital Settlement Agreement guide explains what a complete MSA looks like.

Florida's mandatory disclosure rule (Florida Family Law Rule 12.285) generally requires each spouse to file a Family Law Financial Affidavit within 45 days — Form 12.902(b) (short form) or Form 12.902(c) (long form). In an uncontested case, the parties may agree to waive filing these affidavits by filing Form 12.902(k) (Notice of Joint Verified Waiver of Filing Financial Affidavits).

If you have minor children, a Parenting Plan is required under F.S. 61.13. As of July 1, 2023, Florida law presumes that equal time-sharing is in the best interest of the child under F.S. 61.13(3), though courts may deviate based on the statutory factors. See our Florida parenting plan guide for details.

All standardized family law forms are available at flcourts.gov.

How Do You File at the Miami Clerk of Court?

Most Miami divorce filings now happen electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com. Self-represented filers can register for a free account, and attorneys file on their clients' behalf through the same portal. The Miami-Dade Clerk also offers in-person filing and a family-law self-help program for residents navigating the process without counsel.

The basic Miami courthouse divorce filing sequence is:

In the 11th Judicial Circuit, uncontested cases typically conclude with a short final hearing where the judge reviews the agreement and signs the final judgment. The court controls scheduling, so timelines vary.

How Long Does a Miami Uncontested Divorce Take?

Florida imposes no mandatory waiting period after filing (0 days under Chapter 61), which makes uncontested divorce among the faster civil matters in the Miami divorce court. The actual timeline depends on how quickly both spouses sign documents, complete or waive financial disclosure, and how soon the 11th Circuit schedules the final hearing.

Uncontested cases generally move much faster than contested ones, which often require mediation under most Florida circuits before reaching trial. Because every issue is already agreed, an attorney-prepared uncontested case can often reach a final hearing within a matter of weeks once filed — though the court, not the parties, sets the hearing date.

Attorney-Prepared vs. DIY: What Is the Difference?

Miami residents searching for the cheapest divorce often encounter online form services or non-lawyer document preparers. It is important to understand what those services can and cannot do.

A non-lawyer typing service can fill in a form, but it cannot give legal advice or tell you whether your MSA actually protects your interests. A licensed Florida attorney prepares and reviews your documents, confirms your parenting plan and settlement agreement are complete, and answers your legal questions. An uncontested flat-fee divorce is a good fit when both spouses genuinely agree on everything. When real disputes exist over assets, support, or time-sharing, the case is too complex for the flat-fee uncontested track.

If you are filing in Miami specifically, our dedicated Miami uncontested divorce lawyer page and our how-to-file-in-Miami guide walk through the local process in more detail.

Frequently Asked Questions

(See the FAQ section below.)

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.