Uncontested Divorce With Children in Miami, FL ($750)

An uncontested divorce with children in Miami is handled in the 11th Judicial Circuit Court through the Miami-Dade County Clerk of Court. Both spouses must agree on time-sharing, child support, property, and debts, then file a Parenting Plan and Marital Settlement Agreement. Our firm prepares your full case for a $750 flat attorney fee (court costs ~$408-$410 and notary are separate).

What Is an Uncontested Divorce With Children in Miami?

An uncontested divorce with children in Miami means both spouses agree on every issue Florida law requires a court to resolve: time-sharing (the schedule each parent has with the children), parental responsibility (decision-making over education, healthcare, and activities), child support, division of marital property and debts, and any alimony. When parents reach full agreement, the case proceeds without a trial under Florida Statutes Chapter 61.

Florida does not use the word "custody." Under F.S. 61.13, courts speak of time-sharing and parental responsibility, and they require a written Parenting Plan in every case involving minor children. The plan specifies the day-to-day schedule, holiday and summer time-sharing, how the parents will communicate, and who decides major issues for the child.

Because minor children are involved, your case cannot use Florida's Simplified Dissolution path (F.S. 61.052(2)) — that route is reserved for couples with no dependent or minor children. Instead, a Miami divorce with children proceeds as a regular uncontested dissolution using Form 12.901(b)(2), Petition for Dissolution of Marriage with Dependent or Minor Children, supported by a Marital Settlement Agreement and a Parenting Plan. The terminology and forms matter: filing the wrong petition delays your case at the Miami-Dade clerk's intake.

Where Do You File a Divorce With Children in Miami-Dade County?

Dissolution of marriage cases for Miami residents are filed in the Eleventh Judicial Circuit Court in and for Miami-Dade County, through the Miami-Dade County Clerk of the Courts. The Family Division handles divorce, time-sharing, and child support matters. Filings are submitted electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com, the statewide system every Florida circuit uses for civil and family cases.

To file in Miami-Dade, at least one spouse must have lived in Florida for six months before filing, as required by F.S. 61.021. Residency is proven with a Florida driver's license, voter registration card, or the sworn statement of a corroborating witness who knows you reside in Florida. Miami-Dade also offers a Family Court Self-Help Program, which provides standardized forms and procedural guidance — though self-help staff cannot give legal advice or review whether your agreement protects you.

The Miami-Dade Clerk sets the local filing fee for a Petition for Dissolution of Marriage, which is typically around $408-$410 (with an additional component when minor children are involved). 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 the Miami-Dade Clerk of Courts before you file. If you cannot afford the fee, you may apply to defer it using Form 12.902(a), Application for Determination of Civil Indigent Status.

What Forms Does an Uncontested Divorce With Children Require?

A Miami divorce with kids uses Florida's standardized family law forms, available free at flcourts.gov. The core documents for an uncontested case with children are:

• Form 12.901(b)(2) — Petition for Dissolution of Marriage with Dependent or Minor Children. This opens the case.
• Marital Settlement Agreement (MSA) — the written contract dividing property, debts, and addressing support. It is the centerpiece of nearly every uncontested case.
• Parenting Plan — required by F.S. 61.13(2)(b) in all cases with minor children. It sets the time-sharing schedule and parental responsibility.
• Child Support Guidelines Worksheet (Form 12.902(e)) — calculates support under F.S. 61.30.
• Family Law Financial Affidavit — Form 12.902(b) (short form, for income under $50,000/year) or Form 12.902(c) (long form). Generally due within 45 days of service.
• Notice of Social Security Number (Form 12.902(j)) and a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit (Form 12.902(d)) detailing where the children have lived.
• Final Judgment of Dissolution of Marriage with Children (Form 12.990(b)) — the order the judge signs.

Note one important distinction: the Notice of Joint Verified Waiver of Filing Financial Affidavits (Form 12.902(k)) lets couples waive filing the affidavits in some circumstances under Florida Family Law Rule 12.285 — but courts generally still require financial disclosure when child support is at issue, because the support calculation depends on both parents' incomes. For a deeper look at the settlement contract itself, see our Marital Settlement Agreement Florida guide.

How Does Child Support Work in a Miami Uncontested Divorce?

Florida child support is not negotiable into thin air — it is calculated under the statutory guidelines in F.S. 61.30. The formula combines both parents' net monthly incomes, the number of children, health insurance and childcare costs, and the number of overnights each parent has under the Parenting Plan. Even in an uncontested case, the court reviews the Child Support Guidelines Worksheet (Form 12.902(e)) to confirm the agreed amount matches the guideline figure, or that any deviation is justified in writing.

Under F.S. 61.30(11)(b), when a parent exercises substantial time-sharing (at least 20% of overnights, or 73 nights per year), the calculation accounts for both parents' obligations and applies the net difference. The parent with the larger statutory obligation pays the other. Because overnights directly change the dollar amount, your Parenting Plan and your child support figure are linked — you cannot finalize one without the other.

Miami parents sometimes agree to a support amount slightly different from the guideline. Courts can approve deviations within 5% without detailed findings; larger deviations require a written explanation of why the agreed amount serves the child's best interests. An attorney-prepared worksheet reduces the risk that a Miami-Dade judge rejects your numbers at the final hearing.

What Goes Into a Parenting Plan for Miami Children?

The Parenting Plan is the heart of any uncontested divorce with children Miami families file. Florida Statute 61.13(2)(b) requires it to address, at minimum:

• Time-sharing schedule — the regular weekly schedule plus holidays, school breaks, and summer.
• Parental responsibility — whether decision-making is shared (the default) or split by category (education, health, religion, extracurriculars).
• Communication — how parents share information and how each parent contacts the child.
• Designation for school and healthcare — which parent's address controls school boundary and which handles medical providers.

Effective July 1, 2023, Florida law (F.S. 61.13(3)) applies a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. In an uncontested case, you and your co-parent design the schedule that works for your family — equal time-sharing, a school-year/weekend split, or another arrangement — and the court reviews it for the child's best interests. For a detailed walk-through of building a plan, see our Florida Parenting Plan guide and our uncontested divorce with children in Florida overview.

Miami-Dade, like most Florida circuits, also requires both parents to complete a state-approved Parent Education and Family Stabilization Course before the final judgment is entered. The course runs about four hours and can be taken online; you file the completion certificate with the clerk.

Simplified vs. Regular Uncontested Dissolution: Which Applies?

Many Miami couples ask whether they can use Florida's faster "simplified" path. With minor children, the answer is no — but understanding the difference clarifies why.

Because your case involves children, you are in the right-hand column. That means a Parenting Plan, a child support calculation, and a Marital Settlement Agreement that survives a judge's review. To compare the broader uncontested-versus-contested picture, read our uncontested vs. contested divorce in Florida guide.

How Long Does an Uncontested Divorce With Children Take in Miami?

Florida has no mandatory waiting period after filing — F.S. Chapter 61 imposes a 6-month residency requirement, not a post-filing delay. In practice, the timeline for a Miami uncontested divorce with children depends on three things: how quickly both spouses sign the paperwork, completion of the mandatory parenting course, and the Eleventh Circuit's hearing calendar.

When both spouses cooperate, an uncontested case with children commonly moves from filing to final judgment in roughly 4 to 10 weeks. The court — not the parties — controls scheduling, so we describe ranges rather than promises. The 11th Judicial Circuit typically requires a brief final hearing (often only a few minutes) where the petitioner confirms the marriage is irretrievably broken and the judge reviews the Parenting Plan and support figures before signing the Final Judgment.

Delays usually come from incomplete forms, a missing UCCJEA affidavit, an unsigned financial affidavit, or a Parenting Plan that omits a required section. Attorney preparation is designed to avoid exactly those bounce-backs. For a city-by-city look at remote filing, see our online divorce in Miami guide.

How Much Does an Uncontested Divorce With Children Cost in Miami?

Our firm handles an uncontested Florida divorce — including cases with minor children — for a $750 flat attorney fee. That price is the same statewide, in all 67 Florida counties, with or without children. When children are involved, the package adds the Parenting Plan, the Child Support Guidelines Worksheet, and the UCCJEA affidavit at no extra attorney charge.

What is separate from our flat fee:

• Miami-Dade Clerk filing fee — typically about $408-$410, set by the county clerk.
• Notary fees — roughly $50 per session for signatures and acknowledgments.
• Parent Education course — usually $20-$40 per parent, taken online.
• Process server (only if your spouse will not sign an Answer/Waiver) — about $40-$75.

That transparency is the point: a flat, all-counties $750 attorney fee with court costs disclosed up front, handled by a licensed Florida attorney who prepares and reviews every document. Older third-party sources sometimes list outdated prices; as of 2026 the current flat attorney fee is $750. Wondering whether you even need a lawyer for an agreed case? Our do you need a lawyer for uncontested divorce guide explains where attorney review adds value.

Author Note

I'm Antonio G. Jimenez, a Florida attorney who has practiced family law since 2006. Over those years I've seen how a single missing form or an unworkable time-sharing schedule can stall an otherwise-agreed Miami divorce for weeks. That's why our firm prepares the full uncontested package — Parenting Plan, support worksheet, and MSA included — at one flat fee.

Frequently Asked Questions

See the FAQ section below for detailed answers on cost, time-sharing, the final hearing, and what makes a Miami divorce with children uncontested.

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.