Uncontested Divorce With Children Hialeah FL: $750 (2026)

An uncontested divorce with children in Hialeah is filed in the Eleventh Judicial Circuit Court through the Miami-Dade Clerk of the Courts when both spouses agree on time-sharing, a parenting plan, child support, property, and debts. Our firm prepares the entire case for a $750 flat attorney fee (court costs of about $408-$410 and notary are separate).

Because the couple has a minor child, this is a regular uncontested dissolution under Florida Statutes Chapter 61, not the simplified path. This guide walks Hialeah parents through the required forms, the parenting plan, the Miami-Dade filing process, and exactly what the $750 flat fee covers. As a Florida family law attorney practicing since 2006, I have prepared these cases in counties across the state, and the pattern is consistent: cooperative parents with a complete parenting plan move through the system efficiently.

What Counts as an Uncontested Divorce With Children in Hialeah?

An uncontested divorce with children in Hialeah means both parents agree on every issue the court must resolve: the parenting plan and time-sharing schedule, parental responsibility (decision-making), child support, division of marital property and debts, and any alimony. If both spouses agree on all of these and sign a written Marital Settlement Agreement, the case is uncontested and our $750 flat attorney fee applies.

Florida uses "time-sharing" and "parental responsibility" under F.S. 61.13, not "custody." Every divorce involving a minor child requires a court-approved Parenting Plan describing the schedule and how the parents will make decisions about education, healthcare, and daily welfare. If the parents cannot agree on even one of these issues, the case becomes contested, mediation is typically required in Miami-Dade, and the flat fee no longer applies.

Can I Use a Simplified Dissolution if We Have Kids?

No. Simplified dissolution under F.S. 61.052(2) (Form 12.901(a)) is only available when the couple has no minor or dependent children, neither spouse seeks alimony, and both spouses appear at the final hearing. Because you have a child together, you cannot use the simplified path.

Instead, an uncontested divorce with children in Hialeah proceeds as a regular dissolution using Form 12.901(b)(2), the Petition for Dissolution of Marriage with Dependent or Minor Children. The case is still uncontested if you agree on everything, but it requires additional documents that protect the child, including a Parenting Plan and a Child Support Guidelines Worksheet (Form 12.902(e)). The trade-off is worth it: the regular path builds in financial disclosure and a structured, enforceable schedule for your child, which the simplified path deliberately waives.

Simplified vs. Regular Uncontested Dissolution

The table below compares the two Florida uncontested paths so Hialeah parents can see why children route the case to the regular process.

Our flat attorney fee is the same $750 statewide for either path (court costs and notary separate). For a look at the process when there are no children, see our guide on filing an online divorce in Hialeah.

What Forms Does an Uncontested Divorce With Children Require in Florida?

Florida uses standardized family law forms available at flcourts.gov. For an uncontested divorce with children, the core documents include:

• Form 12.901(b)(2): Petition for Dissolution of Marriage with Dependent or Minor Children.
• Parenting Plan (Form 12.995(a) or an agreed equivalent) describing the time-sharing schedule and parental responsibility under F.S. 61.13.
• Child Support Guidelines Worksheet (Form 12.902(e)), which computes support under F.S. 61.30.
• Family Law Financial Affidavit: Form 12.902(b) short form (income under $50,000) or Form 12.902(c) long form.
• Marital Settlement Agreement resolving property, debts, and support.
• Notice of Social Security Number (Form 12.902(j)) and Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit (Form 12.902(d)).
• Final Judgment of Dissolution of Marriage with Dependent or Minor Children (Form 12.990(c)(2)).

Spouses may agree to waive filing the financial affidavits by filing Form 12.902(k) under Florida Family Law Rule 12.285, but in cases with children the child support calculation still depends on both parents' income figures, so accurate financial information is essential. Our firm prepares each of these documents and reviews them with you before filing.

How Does Time-Sharing and the Parenting Plan Work in Hialeah?

Every Hialeah divorce with a minor child requires a Parenting Plan approved by the court under F.S. 61.13. The plan must specify the time-sharing schedule, how the parents share parental responsibility, who handles school-related communication, and how the child's healthcare and education decisions are made.

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). This presumption can be rebutted with evidence, but for agreeing parents it means a 50/50 or near-equal schedule is a natural starting point. Parents remain free to design any schedule that fits their work, school, and family life, as long as it serves the child's best interests.

For a broader look at parenting arrangements when parents agree, our guide on an uncontested divorce with children in Orlando covers the same statewide rules. The key point for Hialeah families: a clear, written parenting plan prevents future disputes and is required before a judge will finalize your divorce.

How Is Child Support Calculated in a Hialeah Divorce?

Florida child support is set by statutory guidelines under F.S. 61.30, not by the parents' preference alone. The calculation combines both parents' net incomes, the number of overnights each parent has under the time-sharing schedule, health insurance costs for the child, and work-related childcare.

Under F.S. 61.30(11)(b), when a parent exercises substantial time-sharing (at least 20 percent of overnights, or 73 nights per year), the worksheet computes each parent's obligation and the parent with the larger obligation pays the net difference. Even in an uncontested case, the court will review the Child Support Guidelines Worksheet (Form 12.902(e)) to confirm the agreed amount matches the guideline, or that any deviation is justified and in the child's best interest. Parents generally cannot waive child support entirely, because the right belongs to the child. Our firm runs the guideline worksheet with your figures so the number you submit is correct.

Where Do I File an Uncontested Divorce in Hialeah?

Hialeah is in Miami-Dade County, part of Florida's Eleventh Judicial Circuit. You file your Petition for Dissolution of Marriage in the Family Division of the Eleventh Judicial Circuit Court through the Miami-Dade Clerk of the Courts. Filings are submitted electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com.

The Miami-Dade filing fee for a Petition for Dissolution of Marriage is approximately $408-$410, set by the local clerk and paid by the client. 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 the Courts. If you cannot afford the fee, you may file a Motion to Defer Filing Fees (Form 12.902(a)).

Miami-Dade offers a Family Court Self-Help Program with resources for self-represented parties, but a self-help clerk cannot give legal advice or draft your parenting plan. For where to file and courthouse logistics, see our Hialeah divorce court guide.

Do Both Parents Have to Go to Court in Miami-Dade?

In a regular uncontested dissolution with children, at least the petitioner typically attends a brief final hearing before an Eleventh Judicial Circuit judge or general magistrate, who reviews the Marital Settlement Agreement, the Parenting Plan, and the child support worksheet before signing the Final Judgment. The hearing is usually short when the paperwork is complete and both parents agree.

Because children are involved, the court gives the parenting plan careful review to confirm it serves the child's best interests under F.S. 61.13. Some uncontested cases with a fully executed settlement can be resolved without both spouses appearing, particularly where the respondent has signed an Answer, Waiver, and Request for Copy of Final Judgment. Scheduling and appearance requirements are controlled by the court and the assigned judge's practices, so we confirm the specific procedure for your case.

What Does the $750 Flat Fee Cover for Hialeah Parents?

Our $750 flat attorney fee covers full preparation of your uncontested divorce with children by a licensed Florida attorney: the petition, the Marital Settlement Agreement, the Parenting Plan, the child support guidelines worksheet, financial affidavits or a proper waiver, the UCCJEA affidavit, and the final judgment. We review the documents with you and answer your legal questions before filing.

The $750 fee is the same statewide, in every one of Florida's 67 counties, including Miami-Dade. What is separate: the county filing fee of about $408-$410, notary fees (about $50 per session), and any process server fee if your spouse must be formally served. There are no hidden charges beyond those clearly identified court costs.

Unlike a non-lawyer document-typing service, which cannot give legal advice or catch a defective parenting plan, our firm is a licensed Florida law office that reviews your case for completeness. For a full cost breakdown, see our Hialeah uncontested divorce cost guide.

When Is a Case Too Complex for the Flat Fee?

The flat-fee uncontested path fits when both parents genuinely agree on everything. It is not the right fit when there is any disagreement about time-sharing, child support, alimony, or property, when there are allegations of domestic violence, or when one spouse will not participate. If your spouse contests any issue, the case becomes contested, mediation is typically required in Miami-Dade, and different fees apply.

If you are unsure whether your situation qualifies, our office can review the facts and tell you honestly. An uncontested divorce with children in Hialeah is a good fit for cooperative parents who want an affordable, attorney-prepared dissolution. When agreement is not possible, we will explain your options rather than force a case into the wrong process. If you and your spouse are close to agreement but need help finalizing the parenting plan, a short attorney conversation often gets you there.

Frequently Asked Questions

Detailed answers on cost, timeline, forms, and the Hialeah filing process appear in the FAQ section below.