Uncontested Divorce Hialeah FL: $750 Flat Fee (2026)

An uncontested divorce in Hialeah, Florida can be prepared by the Law Office of Antonio G. Jimenez for a $750 flat attorney fee (Miami-Dade court costs of about $408-$410 and notary fees are separate). Both spouses must agree on property, debts, time-sharing, child support, and alimony. Cases file in the 11th Judicial Circuit through the Miami-Dade Clerk of Court.

What Is an Uncontested Divorce in Hialeah?

An uncontested divorce means you and your spouse agree on every issue in your dissolution of marriage: how you divide marital property and debts, any time-sharing and parenting plan for minor children, child support, and whether either spouse receives alimony. When spouses reach full agreement, Florida law lets them resolve the case without a trial and, in many instances, without contested hearings.

Florida is a no-fault divorce state under F.S. 61.052. 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 end the marriage. This no-fault framework is what makes an amicable, flat-fee Hialeah divorce possible: when the facts are simple and both people cooperate, the paperwork drives the case.

Our firm is a licensed Florida law practice serving clients in all 67 counties, including Miami-Dade. We prepare and review every document, confirm your Marital Settlement Agreement and (if needed) parenting plan are complete, and answer your legal questions. The $750 flat attorney fee is the same statewide — the same price for a Hialeah filing as for any other Florida county.

How Much Does an Uncontested Divorce Cost in Hialeah?

The attorney fee for an uncontested Hialeah divorce is a flat $750 through our office, whether or not you have minor children. When children are involved, the same $750 package adds a parenting plan, a child support guidelines worksheet under F.S. 61.30, and a UCCJEA affidavit — the price does not change.

Separate from the attorney fee, you pay the court's own costs directly:

• Miami-Dade County filing fee for a Petition for Dissolution of Marriage: approximately $408-$410.
• Notary fees for sworn signatures, typically around $50 per session.
• Optional add-ons in some cases, such as a process server ($40-$75) if your spouse must be formally served, or certified copies of the Final Judgment.

Traditional Florida divorces billed hourly commonly run $5,000-$7,500 or more in attorney fees before costs. A flat, transparent $750 fee lets you know the attorney cost up front, with court costs disclosed separately. 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 of Court. For a broader cost breakdown, see our guide on uncontested divorce cost in Florida.

Where Do You File for Divorce in Hialeah?

Hialeah is in Miami-Dade County, which sits in Florida's 11th Judicial Circuit. Dissolution of marriage cases are handled by the Circuit Court's Family Division through the Miami-Dade Clerk of the Courts. You do not file at a Hialeah city office; the family courts and clerk that process divorce paperwork serve the entire county.

Under F.S. 61.021, at least one spouse must have lived in Florida for at least six months before filing. You prove residency with a valid Florida driver's license, a Florida voter registration card, or the sworn corroborating statement of a witness who knows you live here. Florida has no mandatory waiting period after filing, though the responding spouse has 20 days to answer a served petition.

Most Miami-Dade filings are submitted electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com, the statewide system used by the 11th Circuit. The Florida Courts self-help resources at flcourts.gov and the Miami-Dade Clerk's family law self-help materials explain local procedures. For simple uncontested cases, the 11th Circuit typically sets a brief final hearing so the judge can confirm the agreement and enter the Final Judgment of Dissolution of Marriage.

Simplified Dissolution vs. Regular Uncontested Divorce

Florida offers two uncontested paths. The right one depends on whether you have minor children, whether anyone seeks alimony, and whether both spouses can appear in court.

Simplified dissolution under F.S. 61.052(2) uses the Petition for Simplified Dissolution of Marriage (Form 12.901(a)). It is available only when there are no minor or dependent children, neither spouse seeks alimony, the wife is not pregnant, both agree on dividing property and debts, and both spouses appear together at the final hearing. It is faster, but you waive the right to a trial and to financial disclosure from your spouse.

Regular uncontested dissolution uses Form 12.901(b)(1) (no dependent or minor children, with property) or Form 12.901(b)(2) (with minor children). It is the correct path when you have children, when alimony is part of the deal, or when one spouse cannot personally appear. It resolves through a written Marital Settlement Agreement and, when children are involved, a Parenting Plan. To see how these differ in practice, compare our simplified dissolution guide with our uncontested divorce with children guide.

What Documents Does a Hialeah Uncontested Divorce Require?

The centerpiece of most uncontested cases is the Marital Settlement Agreement (MSA). For a simplified dissolution, the standardized form is the Marital Settlement Agreement for Simplified Dissolution of Marriage (Form 12.902(f)(3)). A complete MSA covers every issue: division of real property and personal property, allocation of debts, time-sharing and parental responsibility, child support, and alimony (or a mutual waiver of alimony, which spouses may agree to).

Florida also requires mandatory financial disclosure. Each spouse generally files a Family Law Financial Affidavit within 45 days — the short form (Form 12.902(b)) when income is under the statutory threshold, or the long form (Form 12.902(c)) above it. In an uncontested case, the parties may agree to waive filing these affidavits by signing the Notice of Joint Verified Waiver of Filing Financial Affidavits (Form 12.902(k)), authorized under Florida Family Law Rule 12.285.

If you have minor children, your case also needs a Parenting Plan and a child support guidelines worksheet under F.S. 61.30. All standardized family law forms are published at flcourts.gov, and filing runs through the E-Filing Portal at myflcourtaccess.com. Our office assembles, reviews, and files this package so the paperwork is complete before it reaches the judge.

How Does Property Division Work in an Uncontested Case?

Florida divides marital property by equitable distribution under F.S. 61.075 — fairly, but not automatically 50/50. The court begins with a presumption of equal division and can adjust based on each spouse's contribution to the marriage, the length of the marriage, economic circumstances, and whether one spouse intentionally wasted marital assets. Florida is not a community property state.

Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property — what you owned before marriage, or received by gift or inheritance and kept separate — generally stays with that spouse. Under F.S. 61.075(1)(f), a court may award a larger share to the other spouse if one party dissipated marital funds after the marriage broke down.

In an uncontested divorce, you and your spouse decide the split yourselves and memorialize it in the MSA. The judge reviews the agreement for fairness rather than deciding division from scratch. This is why a clear, complete agreement matters: a well-drafted MSA that accurately lists accounts, vehicles, real estate, and debts keeps your Hialeah case on the fast, uncontested track.

What About Alimony and Child Support?

Alimony is governed by F.S. 61.08. Effective July 1, 2023, Senate Bill 1416 eliminated permanent alimony in Florida. The remaining time-limited forms are bridge-the-gap (maximum 2 years, non-modifiable), rehabilitative (maximum 5 years, requiring a specific plan), and durational (capped by marriage length — up to 50% of the marriage length for short-term marriages under 10 years, 60% for moderate-term marriages of 10-20 years, and 75% for long-term marriages over 20 years). Spouses in an uncontested case may agree to waive alimony entirely in the MSA.

Child support follows the guidelines in F.S. 61.30, which use both parents' net incomes, the number of overnights, and costs like health insurance and daycare. When time-sharing crosses the substantial threshold, the guidelines compute each parent's obligation and net the difference; the parent with the larger obligation pays. The support amount is calculated by formula, so even an agreed number must match the worksheet the court reviews.

For time-sharing, F.S. 61.13 requires a parenting plan and, since July 1, 2023, applies a rebuttable presumption that equal time-sharing is in the child's best interest. Florida uses "time-sharing" and "parental responsibility," not "custody."

How Long Does an Uncontested Divorce Take in Hialeah?

Timelines vary because the court controls scheduling, but uncontested cases move far faster than contested litigation. Once the petition, MSA, and required disclosures are filed correctly, a Miami-Dade uncontested case commonly reaches a final hearing within a few weeks to a couple of months. Florida imposes no mandatory waiting period after filing, so the main variables are the court's calendar and how quickly both spouses sign and return documents.

The 11th Judicial Circuit typically sets a brief final hearing for uncontested dissolutions, where the judge confirms the agreement and enters the Final Judgment of Dissolution of Marriage. In a simplified dissolution, both spouses must attend that hearing together. A contested case, by contrast, often runs many months or more than a year, because it must pass through mandatory mediation and, if unresolved, a trial before a family court judge.

We cannot promise a specific date — no attorney can, because scheduling belongs to the court. What we can do is prepare a clean, complete filing so your case is not delayed by missing forms, incorrect fees, or an incomplete agreement.

Should You Use an Attorney or an Online Form Service?

Non-lawyer document-preparation and typing services can fill in blanks, but by law they cannot give legal advice, cannot tell you whether your agreement is complete, and cannot catch substantive errors that surface later. If an MSA omits a retirement account, misstates a debt, or contains a parenting plan a judge rejects, you may have to reopen the case — sometimes after the divorce is already final.

With full representation by a licensed Florida attorney at a flat $750 fee, our office prepares and reviews your documents, confirms your MSA and parenting plan meet Florida requirements, and answers your legal questions before you sign. You get an attorney's judgment on the substance of your case, not just a form-filling service, at a transparent flat price.

An uncontested flat-fee divorce is a good fit when both spouses genuinely agree on all issues and the facts are straightforward. It is not the right tool when there are hidden or disputed assets, disagreement over time-sharing, a business valuation, or one spouse who will not cooperate — those cases are contested and need a different approach. If you are unsure which category yours falls into, contact our office and we will help you determine whether your case qualifies as uncontested.

Frequently Asked Questions

See the FAQ section below for detailed answers about pricing, forms, residency, and the Hialeah filing process.

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.