An online divorce in Hialeah, Florida lets you complete an uncontested dissolution remotely — the Law Office of Antonio G. Jimenez prepares your documents for a $750 flat attorney fee (court costs of about $408-$410 and notary are separate). Filing runs through the Miami-Dade Clerk on the Florida Courts E-Filing Portal under F.S. 61.052.

What Does an Online Divorce in Hialeah Actually Mean?

"Online divorce" in Hialeah does not mean a special court process. Florida has one dissolution procedure under Chapter 61, and every Hialeah case is filed in the 11th Judicial Circuit through the Miami-Dade Clerk of Courts. What is "online" is the workflow: your intake, document preparation, review, signing coordination, and electronic filing all happen remotely, without repeated trips to the courthouse.

Florida made this possible in two ways. First, F.S. 61.052 requires only that the marriage be "irretrievably broken" — a no-fault standard, so there is no wrongdoing to prove in a hearing. Second, Florida requires all attorneys to e-file through the Florida Courts E-Filing Portal at myflcourtaccess.com, meaning your Petition for Dissolution of Marriage reaches the Miami-Dade court electronically. Combined, these let an uncontested Hialeah divorce move from paperwork to Final Judgment with minimal in-person contact.

An online divorce works only when the case is genuinely uncontested — both spouses agree on property, debts, time-sharing, child support, and alimony. If you cannot agree on even one issue, the case becomes contested and the flat fee does not apply.

How Much Does an Online Divorce in Hialeah Cost?

At the Law Office of Antonio G. Jimenez, an uncontested online divorce in Hialeah costs a $750 flat attorney fee. That price is the same in all 67 Florida counties — it does not change because you file in Miami-Dade. The fee covers preparing and reviewing your dissolution documents, drafting your Marital Settlement Agreement, and answering your legal questions through the process.

Court costs are separate and paid by you directly to the clerk. In Miami-Dade County, the filing fee for a Petition for Dissolution of Marriage is typically about $408-$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 the Miami-Dade Clerk of Courts. A notary is also separate — expect roughly $10 per signature or $50 per session — and a process server (if your spouse must be served rather than signing a waiver) runs about $40-$75.

Here is how the $750 flat fee compares to a traditional retainer model:

Cost itemFlat-fee online divorceTraditional contested retainer
Attorney fee$750 flat, statewide$5,000-$7,500+ retainer
Billing methodOne fixed priceHourly against retainer
Miami-Dade filing fee~$408-$410 (separate)~$408-$410 (separate)
Notary~$10/signature (separate)Separate
PredictabilityFull price known up frontVaries with hours billed

For a full breakdown, see our uncontested divorce cost guide for Hialeah.

Which Court Handles a Hialeah Online Divorce?

Hialeah sits within Miami-Dade County, which is served by the 11th Judicial Circuit Court. All dissolution of marriage petitions for Hialeah residents are filed with the Miami-Dade County Clerk of Courts, which processes family law cases for the entire county. You do not file in a separate "Hialeah court" — Hialeah cases go to the circuit court's family division.

Under F.S. 61.021, at least one spouse must have lived in Florida for six months before filing. You prove residency with a Florida driver's license, a Florida voter registration card, or the sworn corroborating testimony of another Florida resident who knows you. There is no separate Hialeah or Miami-Dade residency requirement — the six-month statewide standard applies.

Filing is electronic. Your attorney submits every document through the Florida Courts E-Filing Portal (myflcourtaccess.com), the mandatory statewide system. Miami-Dade also maintains family law self-help resources through the clerk's website and the state's family law self-help information at flcourts.gov. For a deeper look at venue and the local process, read our Hialeah divorce court guide.

What Are the Two Uncontested Paths in Florida?

Florida offers two uncontested routes, and choosing the right one matters for your online Hialeah divorce.

The first is simplified dissolution under F.S. 61.052(2), filed on Form 12.901(a) (Petition for Simplified Dissolution of Marriage). It is available only when there are no minor or dependent children, neither spouse seeks alimony, both agree on dividing property and debt, and — importantly — both spouses appear at the final hearing. Simplified dissolution is faster but waives the right to a trial and to financial disclosure from the other spouse.

The second is regular uncontested dissolution, filed on Form 12.901(b)(1) (with property but no dependent or minor children) or Form 12.901(b)(2) (with children). This path is used when there are children, when alimony is involved, or when one spouse cannot attend a hearing. It is resolved through a written Marital Settlement Agreement and, when children are involved, a Parenting Plan.

FeatureSimplified dissolutionRegular uncontested
Governing ruleF.S. 61.052(2)F.S. 61.052
Petition form12.901(a)12.901(b)(1) or (b)(2)
Minor children allowedNoYes
Alimony allowedNoYes
Both must attend hearingYesNot always
Financial disclosureWaivedGenerally required

To see how the steps unfold, review our step-by-step guide to filing an uncontested divorce in Hialeah.

What Is the Marital Settlement Agreement and Why Does It Matter?

The Marital Settlement Agreement (MSA) is the centerpiece of most uncontested Hialeah divorces. It is the written contract that records exactly how you and your spouse have agreed to end the marriage, and the judge relies on it to enter your Final Judgment. In a simplified case, the standard form is Form 12.902(f)(3) (Marital Settlement Agreement for Simplified Dissolution of Marriage).

A complete MSA must address every issue in the marriage:

  • Division of marital property under Florida's equitable distribution rules (F.S. 61.075)
  • Responsibility for marital debts and liabilities
  • Time-sharing and the parenting plan, if there are minor children (F.S. 61.13)
  • Child support calculated under the statutory guidelines (F.S. 61.30), if applicable
  • Alimony, including any agreed waiver of alimony (F.S. 61.08)

Florida uses equitable distribution, not community property, which means marital assets are divided fairly but not automatically 50/50. A vague or incomplete MSA is one of the most common reasons uncontested cases stall in Miami-Dade. This is exactly where an attorney-prepared agreement adds value — a licensed Florida attorney confirms the MSA is complete and internally consistent before it reaches the judge.

Do You Have to File Financial Affidavits in an Online Divorce?

In most regular uncontested cases, yes. Florida's mandatory disclosure rule requires each spouse to file a Family Law Financial Affidavit — Form 12.902(b) (short form, for those earning under the statutory threshold) or Form 12.902(c) (long form) — generally within 45 days of service. This affidavit lists income, expenses, assets, and liabilities.

Florida does allow spouses to streamline this step. Under Florida Family Law Rule 12.285, the parties may agree to waive filing the financial affidavits by submitting Form 12.902(k) (Notice of Joint Verified Waiver of Filing Financial Affidavits). This can shorten the paperwork in an online Hialeah divorce, though the affidavits themselves are still exchanged and prepared. In a simplified dissolution, formal financial disclosure is waived by the nature of the process.

Because the waiver has consequences — you give up the right to compel your spouse's financial disclosure — it is worth understanding before you sign. An attorney can explain whether waiving makes sense for your specific facts.

How Long Does an Online Divorce in Hialeah Take?

Florida imposes no mandatory waiting period after filing, so the timeline is driven by two things: how quickly you complete your paperwork and how the Miami-Dade court schedules your case. There is a 20-day period for the responding spouse to file an answer after being served, but in an uncontested case the respondent typically signs a waiver and joins the petition, avoiding that delay.

Many uncontested Florida cases move to Final Judgment within a few weeks to a couple of months once the documents are correct and signed, though the court controls scheduling and no specific date can be promised. In Miami-Dade, most uncontested dissolutions require a brief final hearing — often just a few minutes — where the petitioner confirms the marriage is irretrievably broken and the judge approves the agreement. Some judges permit these hearings by video, which supports the remote nature of an online divorce.

The biggest source of delay is error: a missing form, an incomplete MSA, or an unsigned affidavit sends the file back. Attorney preparation is what keeps a Hialeah online divorce on the shorter end of the range. See our general Hialeah uncontested divorce overview for the full picture.

Online Divorce vs. DIY Form Services: What Is the Difference?

Searches for "file divorce online Hialeah Florida" often surface non-lawyer document-preparation or typing services. These services can fill in blanks on standardized forms, but they are legally prohibited from giving legal advice, and they cannot catch a substantive error in how your property is divided, whether your parenting plan meets F.S. 61.13, or whether your alimony waiver is enforceable.

An attorney-prepared online divorce is different. When the Law Office of Antonio G. Jimenez handles your uncontested case, a licensed Florida attorney prepares and reviews your documents, confirms the MSA and any parenting plan are complete, and answers your legal questions — all for the same $750 flat fee. You still handle everything remotely; you simply get a lawyer's judgment behind the paperwork rather than a form-filling vendor.

This is not about telling you a self-help divorce is forbidden. It is about matching the tool to the case. A truly simple, no-asset, no-children agreement may be well-suited to self-help. A case with a home, retirement accounts, debts, or children benefits from an attorney who ensures nothing is missed before it becomes a court order. To understand full representation at a flat fee, read about working with an uncontested divorce lawyer in Hialeah.

When Is a Case Too Complex for a Flat-Fee Online Divorce?

The $750 flat fee applies to genuinely uncontested cases. Some situations signal that your matter may not qualify:

  • You and your spouse disagree about any issue — property, debts, time-sharing, child support, or alimony
  • One spouse refuses to sign or cannot be located
  • There is a history of domestic violence or coercion (if you are in danger, call the National Domestic Violence Hotline at 1-800-799-7233)
  • Complex assets like a closely held business, out-of-state real estate, or contested retirement valuation are involved and you have not reached agreement

Even with children or moderate assets, a case can still be uncontested — the test is agreement, not simplicity. Under the equal time-sharing presumption effective July 1, 2023 (F.S. 61.13(3)), parents who agree on a parenting plan can still proceed uncontested. Where genuine disputes exist, the honest answer is that flat-fee preparation is the wrong fit, and our office can tell you that up front. Contact us to confirm whether your case qualifies as uncontested before you commit.

Frequently Asked Questions

(FAQs follow 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.

Have questions? Ask Victoria AI

Frequently Asked Questions

How much does an online divorce in Hialeah cost?

The Law Office of Antonio G. Jimenez handles an uncontested online divorce in Hialeah for a $750 flat attorney fee, the same price in all 67 Florida counties. Court costs are separate: the Miami-Dade filing fee for a Petition for Dissolution of Marriage is typically about $408-$410, and notary fees (roughly $10 per signature or $50 per session) are also separate. Court filing fees are set by each county clerk; as of August 2026, verify the current amount with the Miami-Dade Clerk of Courts. If your spouse must be formally served, a process server adds about $40-$75. The flat fee covers preparing and reviewing your documents and drafting your Marital Settlement Agreement.

Is an online divorce in Hialeah legally valid?

Yes. An online divorce is not a separate legal process — it is the standard Florida dissolution under F.S. 61.052, completed remotely. Documents are filed electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com with the Miami-Dade Clerk of Courts, and the 11th Judicial Circuit enters the same Final Judgment of Dissolution it would in an in-person case. The judgment is fully binding. The only "online" part is the workflow: intake, document preparation, review, and filing happen without repeated courthouse trips. Most Miami-Dade uncontested cases still require a brief final hearing, which some judges allow by video, preserving the remote nature of the case.

Can I file for divorce online in Hialeah without my spouse's cooperation?

For an uncontested online divorce, you need your spouse's agreement on all issues — property, debts, time-sharing, child support, and alimony. Florida is a no-fault state under F.S. 61.052, so you do not need your spouse's consent to the divorce itself, but you do need agreement on the terms to qualify as uncontested. If your spouse will sign a waiver and join the petition, the case moves smoothly. If your spouse refuses to sign, cannot be located, or disputes any term, the case becomes contested, requires formal service and possibly mediation, and the $750 flat fee does not apply. Contact our office to determine which situation applies to you.

Do I need to appear in court for an online divorce in Hialeah?

Usually a brief final hearing is required in Miami-Dade for uncontested cases. At the hearing, the petitioner confirms under oath that the marriage is irretrievably broken and the judge approves the Marital Settlement Agreement before entering the Final Judgment. These hearings are often only a few minutes long, and some 11th Judicial Circuit judges permit them by video, which supports a fully remote process. A simplified dissolution under F.S. 61.052(2) requires both spouses to appear. Because scheduling and hearing format are controlled by the court and can vary by judge, we confirm the current requirement for your specific case before your hearing.

What is the difference between simplified and regular uncontested divorce in Florida?

Simplified dissolution under F.S. 61.052(2), filed on Form 12.901(a), requires no minor or dependent children, no alimony request, agreement on property and debt, and both spouses appearing at the final hearing. It is faster but waives the right to trial and to financial disclosure. Regular uncontested dissolution, filed on Form 12.901(b)(1) or 12.901(b)(2), is used when there are children, alimony, or one spouse cannot attend. It is resolved through a written Marital Settlement Agreement and, if children are involved, a Parenting Plan. Both are uncontested and both qualify for the $750 flat fee, but the required forms and steps differ.

How long does an online divorce take in Hialeah?

Florida has no mandatory waiting period after filing, so timing depends on how quickly your paperwork is completed and how the Miami-Dade court schedules your case. There is a 20-day answer period after service, but in uncontested cases the responding spouse typically signs a waiver and joins the petition, avoiding that delay. Many uncontested Florida cases reach Final Judgment within a few weeks to a couple of months once documents are correct and signed, though the court controls scheduling and no specific date can be promised. The most common delay is a paperwork error, which is why attorney preparation helps keep a Hialeah online divorce on the shorter end of the range.

Can I do an online divorce in Hialeah if we have children?

Yes, as long as you and your spouse agree on all parenting issues. With minor children, you cannot use simplified dissolution — you file the regular uncontested path on Form 12.901(b)(2) and include a Parenting Plan under F.S. 61.13. Florida applies an equal time-sharing presumption effective July 1, 2023 under F.S. 61.13(3), and parents who agree on a time-sharing schedule and decision-making can proceed uncontested. Child support is calculated using the statutory guidelines in F.S. 61.30. Florida uses the terms "time-sharing" and "parental responsibility" rather than "custody." The $750 flat attorney fee still applies when a case with children is genuinely uncontested.

What is a Marital Settlement Agreement and do I need one?

A Marital Settlement Agreement (MSA) is the written contract that records how you and your spouse have agreed to divide property and debts and handle time-sharing, child support, and alimony. It is the centerpiece of most uncontested Hialeah divorces, and the judge relies on it to enter your Final Judgment. In a simplified case the standard form is Form 12.902(f)(3). A complete MSA must address equitable distribution of marital property under F.S. 61.075, marital debts, any parenting plan under F.S. 61.13, child support under F.S. 61.30, and alimony under F.S. 61.08 (including an agreed waiver). An incomplete or vague MSA is a leading cause of stalled cases, which is why attorney review matters.

Do we have to file financial affidavits for an online divorce?

In most regular uncontested cases, each spouse must file a Family Law Financial Affidavit — Form 12.902(b) short form or Form 12.902(c) long form — generally within 45 days of service. Under Florida Family Law Rule 12.285, spouses may agree to waive filing the affidavits by submitting Form 12.902(k), the Notice of Joint Verified Waiver of Filing Financial Affidavits, which can streamline an online Hialeah divorce. In a simplified dissolution, formal financial disclosure is waived by the nature of the process. Because waiving disclosure means giving up the right to compel your spouse's financial information, it is worth discussing with an attorney whether the waiver fits your specific situation.

Is an attorney-prepared online divorce better than a DIY form service?

Non-lawyer document-preparation and typing services can fill in standardized forms, but they are legally barred from giving legal advice and cannot catch substantive errors in your property division, parenting plan, or alimony terms. An attorney-prepared online divorce means a licensed Florida attorney prepares and reviews your documents, confirms your Marital Settlement Agreement and parenting plan are complete, and answers your legal questions — for the same $750 flat fee. You still handle everything remotely. This is not about whether self-help is allowed; a simple no-asset, no-children case may suit self-help, while cases with a home, retirement accounts, debts, or children benefit from attorney review before the terms become a binding court order.

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