An uncontested divorce lawyer in Hialeah prepares your Florida dissolution for a $750 flat attorney fee, the same price in every one of Florida's 67 counties (court costs of roughly $408-$410 and notary fees are separate). Cases file in Miami-Dade County's 11th Judicial Circuit through the Miami-Dade Clerk of Courts, and Florida requires 6-month residency under F.S. 61.021 with no mandatory post-filing waiting period.

If you and your spouse agree on everything, an uncontested divorce is the fastest, most affordable way to end a marriage in Florida. This guide explains how the process works for Hialeah residents, what our flat fee covers, where you file in Miami-Dade County, and how to decide between a simplified dissolution and a regular uncontested case.

What Is an Uncontested Divorce in Florida?

An uncontested divorce means both spouses agree on every issue in the case: division of property, division of debts, time-sharing with any 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 move forward.

Because the parties already agree, there is no trial, no discovery fight, and usually no contested hearing. The court's role is to review the paperwork, confirm the agreement is complete, and enter a Final Judgment of Dissolution of Marriage. That is why an uncontested case can be handled for a flat $750 attorney fee rather than the $5,000 to $7,500 retainer common in contested Florida divorces.

If you and your spouse cannot agree on even one issue, the case becomes contested, and the flat fee no longer applies. For Hialeah couples who genuinely agree, though, full attorney preparation at a fixed price removes the two biggest sources of stress: cost uncertainty and paperwork errors.

How Much Does an Uncontested Divorce Lawyer in Hialeah Cost?

Our firm handles an uncontested Hialeah divorce for a $750 flat attorney fee. That is the entire attorney charge, quoted up front, with the same price whether or not you have minor children. When children are involved, the package simply adds a parenting plan, a child support guidelines worksheet, and a UCCJEA affidavit at no extra cost.

Court costs are separate and are paid by you directly to the clerk. In Miami-Dade County, the filing fee for a Petition for Dissolution of Marriage is set by the Miami-Dade Clerk of Courts and typically runs about $408 to $410. 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 your local clerk. A notary is also separate, usually around $50 per signing session, and Florida law requires several divorce documents to be signed before a notary.

Here is how the numbers usually break down for a Hialeah uncontested case:

Cost itemTypical amountWho pays / notes
Attorney flat fee$750Paid to our firm; same statewide
Miami-Dade filing fee~$408-$410Paid to the clerk; verify current amount
Notary fees~$50 per sessionPaid at signing
Process server (if spouse is served)$40-$75Only if the spouse does not sign a waiver
Certified copies of Final Judgment~$2 per page + feesOptional, from the clerk

For a deeper breakdown, see our companion article on uncontested divorce cost in Hialeah. The core point is transparency: you know the $750 attorney fee before you start, and the only variable costs are the county fees the clerk controls.

Simplified Dissolution vs. Regular Uncontested Divorce

Florida offers two uncontested paths, and choosing the right one matters. A simplified dissolution under F.S. 61.052(2) is faster but has strict eligibility limits. A regular uncontested dissolution is more flexible and covers couples with children, alimony, or a spouse who cannot appear in court.

FeatureSimplified dissolutionRegular uncontested
Governing ruleF.S. 61.052(2)F.S. 61.052
Petition formForm 12.901(a)Form 12.901(b)(1) or (b)(2)
Minor or dependent childrenNot allowedAllowed (Form 12.901(b)(2))
AlimonyNeither spouse may seek itAllowed
Both spouses at final hearingBoth must appearOne party may appear
Right to trial and disclosureWaivedPreserved unless waived
Core agreement documentForm 12.902(f)(3) MSAMarital Settlement Agreement + Parenting Plan if children

A simplified dissolution requires that you have no minor or dependent children together, neither spouse is seeking alimony, you agree on how to divide property and debts, and both spouses attend the final hearing. It is quick, but it waives your right to a trial and your right to financial disclosure from the other spouse.

A regular uncontested dissolution is used when there are children, when alimony is part of the deal, or when one spouse cannot appear at the hearing. It is resolved through a written Marital Settlement Agreement and, if children are involved, a Parenting Plan. Our firm reviews your situation and recommends the correct track so you do not accidentally file the wrong petition. For a step-by-step walkthrough, read how to file an uncontested divorce in Hialeah.

Where Do You File an Uncontested Divorce in Hialeah?

Hialeah is part of Miami-Dade County, which sits in Florida's 11th Judicial Circuit. Dissolution of marriage cases are filed in the Circuit Court, Family Division, and processed by the Miami-Dade Clerk of Courts. You file in the county where either spouse resides, so a Hialeah resident files in Miami-Dade even if the other spouse has moved elsewhere in Florida.

Almost all Florida divorce filings now go through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com. Our firm prepares your documents and can e-file them for you, so you do not have to navigate the portal alone. Miami-Dade also maintains a family law self-help program and public resources through the clerk and the circuit's family division for those who proceed without counsel.

For uncontested cases in the 11th Circuit, the court generally schedules a brief final hearing where the petitioner (and, in a simplified dissolution, both spouses) appears to confirm the marriage is irretrievably broken and that the agreement should be approved. The hearing is typically short, and the judge then signs the Final Judgment. Scheduling is controlled by the court, so timelines vary by division caseload.

What Documents Does a Hialeah Uncontested Divorce Require?

Florida uses standardized family law forms, available at flcourts.gov, and files them through the e-filing portal. The exact packet depends on whether you file a simplified or regular uncontested case, but most Hialeah cases involve the following core documents.

  • Petition for Dissolution of Marriage: Form 12.901(a) for simplified, or Form 12.901(b)(1) (no dependent or minor children) or Form 12.901(b)(2) (with children).
  • Marital Settlement Agreement: the centerpiece of most cases, using Form 12.902(f)(3) for a simplified dissolution. The MSA must cover property, debts, time-sharing, child support, and alimony.
  • Family Law Financial Affidavit: Form 12.902(b) short form or Form 12.902(c) long form, generally required within 45 days. Parties may agree to waive filing these by filing Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits authorized under Florida Family Law Rule 12.285.
  • Parenting Plan: required when there are minor children, describing the time-sharing schedule and how decisions about education, healthcare, and activities are made under F.S. 61.13.
  • Final Judgment of Dissolution of Marriage: the order the judge signs to end the marriage.

Getting these forms right is where an attorney adds value. A missing signature, an incomplete MSA, or the wrong petition form can send your case back for correction and delay your divorce. Our firm prepares and reviews each document so the packet is complete before it reaches the clerk.

Do You Need a Lawyer for an Uncontested Divorce in Hialeah?

Florida does not require you to hire a lawyer, and self-help resources exist. But there is a real difference between a licensed Florida attorney and a non-lawyer document-preparation or typing service. A typing service can fill in blanks, but by law it cannot give legal advice, cannot tell you whether your agreement protects you, and cannot catch substantive errors in how you divided a retirement account or drafted your parenting plan.

An attorney-prepared uncontested divorce means a Florida-licensed lawyer reviews your facts, confirms you qualify as uncontested, ensures the Marital Settlement Agreement and Parenting Plan are legally complete, and answers your questions along the way. When something in your case is more complex than it first appears, an attorney can flag it before it becomes a problem in front of the judge.

An uncontested flat-fee divorce is a good fit when you and your spouse truly agree on all issues and your assets and parenting arrangements are straightforward. It is not the right tool when there is a genuine dispute over money or children, when there is domestic violence, or when significant hidden or complex assets are involved. In those situations, the case is contested and needs a different approach. Our uncontested divorce lawyer in Hialeah will tell you honestly which category your case falls into.

What Does Florida Law Say About Property, Support, and Time-Sharing?

Even in an uncontested case, your agreement has to fit Florida law, because the judge reviews it before approval. A few core rules shape most Hialeah divorces:

  • Property division follows equitable distribution under F.S. 61.075, which divides marital assets and debts fairly but not automatically 50/50. Separate property owned before marriage, or received as a gift or inheritance and kept separate, is generally not divided.
  • Alimony is governed by F.S. 61.08. Effective July 1, 2023, Senate Bill 1416 eliminated permanent alimony. The remaining forms are bridge-the-gap (maximum 2 years), rehabilitative (maximum 5 years, with a specific plan), and durational (capped by the length of the marriage, and not available for marriages under 3 years). Spouses may agree to waive alimony in the MSA.
  • Time-sharing and parental responsibility follow F.S. 61.13. Florida uses "time-sharing" and "parenting plan," not "custody." Effective July 1, 2023, there is a rebuttable presumption that equal time-sharing is in the best interest of the child, though the court can deviate based on best-interest factors.

Because your uncontested agreement still has to satisfy these standards, our firm drafts the MSA and parenting plan to line up with the statutes so the judge can approve them without sending the case back.

How Long Does an Uncontested Divorce Take in Hialeah?

Florida has no mandatory waiting period after filing, unlike states that impose a 60- or 90-day cooling-off period. The practical timeline is driven by two things: how quickly the paperwork is completed and signed, and how soon the 11th Circuit's family division can schedule your brief final hearing.

A well-prepared uncontested case is often ready to file within days once both spouses have signed the Marital Settlement Agreement and any required affidavits. After filing, the wait is largely a function of the court's calendar in Miami-Dade. The judge controls scheduling, so no attorney can promise an exact date, but uncontested cases generally move much faster than contested ones because there is nothing to litigate. To understand the full picture from filing to final judgment, see our overview of the Hialeah uncontested divorce process.

Frequently Asked Questions

(FAQ answers appear in 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.

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About the Author

Antonio G. Jimenez, Esq., Florida divorce attorney

Antonio G. Jimenez, Esq.

Florida attorney since 2006 · Florida Bar #21022 · 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.

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Frequently Asked Questions

How much does an uncontested divorce lawyer in Hialeah charge?

Our firm charges a $750 flat attorney fee to prepare an uncontested Hialeah divorce, and it is the same price in all 67 Florida counties whether or not you have minor children. Court costs are separate: the Miami-Dade filing fee for a Petition for Dissolution of Marriage is set by the clerk and typically runs about $408 to $410, and notary fees are usually around $50 per signing session. 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 your local clerk. There are no hidden charges on the attorney side. You know the $750 fee before you start, and the only variable costs are the county fees the clerk controls.

What is the difference between simplified and regular uncontested divorce?

A simplified dissolution under F.S. 61.052(2) uses Form 12.901(a) and requires that you have no minor or dependent children, neither spouse seeks alimony, you agree on dividing property and debts, and both spouses appear at the final hearing. It is fast but waives your right to a trial and to financial disclosure from your spouse. A regular uncontested dissolution uses Form 12.901(b)(1) or (b)(2) and is used when there are children, alimony, or a spouse who cannot appear. It is resolved through a written Marital Settlement Agreement and, when children are involved, a Parenting Plan under F.S. 61.13. Our firm reviews your facts and recommends the correct track so you do not file the wrong petition.

Where do I file for divorce if I live in Hialeah?

Hialeah is in Miami-Dade County, which is part of Florida's 11th Judicial Circuit. You file your Petition for Dissolution of Marriage in the Circuit Court, Family Division, through the Miami-Dade Clerk of Courts. You file in the county where either spouse lives, so a Hialeah resident files in Miami-Dade even if the other spouse has moved elsewhere in Florida. Most filings go through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com, and our firm can prepare and e-file the documents for you. Miami-Dade also offers family law self-help resources through the clerk and the circuit's family division for people who proceed without counsel.

How long does the residency requirement take to meet in Florida?

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 for dissolution. You prove residency with a Florida driver's license, voter registration, or a sworn statement from a Florida resident who knows you. If neither spouse meets the 6-month requirement, you cannot file in Florida yet and must wait until it is satisfied or file in another qualifying state. Residency is not the same as owning property here; even a Florida property owner cannot file without meeting the 6-month rule. Military personnel stationed in Florida satisfy the requirement under the same statute. Florida has no mandatory waiting period after filing.

Do I need a lawyer for an uncontested divorce in Hialeah?

Florida does not require an attorney, and self-help resources exist, but there is a meaningful difference between a licensed Florida lawyer and a non-lawyer typing service. A document-preparation service can fill in blanks, but by law it cannot give legal advice or catch substantive errors in your Marital Settlement Agreement, retirement division, or parenting plan. An attorney-prepared uncontested divorce means a Florida lawyer confirms you qualify as uncontested, ensures the MSA and any Parenting Plan are legally complete under F.S. 61.13, and answers your legal questions. An uncontested flat-fee divorce is a good fit when you and your spouse truly agree on all issues. It is not the right tool when there is a genuine dispute, domestic violence, or complex hidden assets.

Can we do an uncontested divorce if we have children in Hialeah?

Yes. When you have minor children, you cannot use the simplified dissolution path, so you file a regular uncontested case using Form 12.901(b)(2). Your case must include a Parenting Plan under F.S. 61.13 that sets out the time-sharing schedule and how you and your spouse will make decisions about the child's education, healthcare, and activities. Florida uses the terms time-sharing and parental responsibility rather than custody, and since July 1, 2023, there is a rebuttable presumption that equal time-sharing is in the child's best interest. Our $750 flat fee is the same with children; the package simply adds a parenting plan, a child support guidelines worksheet, and a UCCJEA affidavit at no additional charge.

What is a Marital Settlement Agreement and what must it cover?

A Marital Settlement Agreement, or MSA, is the written contract that resolves your uncontested divorce. For a simplified dissolution, Florida provides Form 12.902(f)(3). The MSA must cover the division of property, the division of debts, time-sharing with any children, child support, and alimony. It is the centerpiece of most uncontested cases because the judge reviews it to confirm the agreement is complete and consistent with Florida law before entering the Final Judgment. Property is divided under equitable distribution principles in F.S. 61.075, and alimony, if any, must fit the forms allowed under F.S. 61.08 after the 2023 reform. Our firm drafts the MSA so it lines up with these statutes, reducing the chance the court sends the case back for corrections.

Do we have to file financial affidavits in an uncontested case?

Generally, both parties must file a Family Law Financial Affidavit within 45 days, using Form 12.902(b) short form or Form 12.902(c) long form. However, in many uncontested cases the spouses may agree to waive filing the affidavits by filing Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits, which is authorized under Florida Family Law Rule 12.285. Whether waiving is appropriate depends on your situation, and it is not available in every case. Our firm reviews your finances and advises whether filing or waiving the affidavits is the right choice for your Hialeah divorce, then prepares the correct forms so the filing is complete.

Is there a waiting period for divorce in Florida?

Florida has no mandatory waiting period after you file, which is different from states that impose a 60- or 90-day cooling-off period. What determines your timeline is how quickly the paperwork is signed and how soon the 11th Judicial Circuit's family division can schedule your brief final hearing. A well-prepared uncontested case can often be filed within days once both spouses sign the Marital Settlement Agreement and any required affidavits. After filing, the wait depends on the court's calendar in Miami-Dade, and the judge controls scheduling, so no attorney can guarantee an exact date. Uncontested cases still move much faster than contested ones because there is nothing to litigate at a final hearing.

Does the $750 flat fee include the Miami-Dade court filing fee?

No. The $750 is our flat attorney fee only, and it is the same statewide in every Florida county. Court costs are separate and are paid by you directly to the clerk. In Miami-Dade County, the filing fee for a Petition for Dissolution of Marriage is set by the Miami-Dade Clerk of Courts and typically runs about $408 to $410, with additional amounts possible when there are minor children. Notary fees, usually around $50 per session, and any process server fees of about $40 to $75 if your spouse must be formally served, are also separate. 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 your local clerk. If you cannot afford the filing fee, you may file a Motion to Defer Filing Fees, Form 12.902(a).

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