Do I Need a Lawyer for an Uncontested Divorce in Florida?
No — Florida law does not require a lawyer for an uncontested divorce, and couples who agree on everything can file on their own. But the rights you sign away in a settlement agreement are permanent, so having an attorney draft or review it is an inexpensive safeguard against costly mistakes.
Florida Doesn’t Require a Lawyer — Here’s What the Law Says
No Florida statute requires either spouse to hire an attorney for a divorce. Florida is a no-fault state: under Fla. Stat. 61.052, the only thing you must show is that the marriage is irretrievably broken, and at least one spouse must have lived in Florida for the six months before filing (Fla. Stat. 61.021). When both spouses agree on every issue — property, debts, support, and any parenting arrangements — the case is “uncontested,” and the court process is largely administrative.
Two Paths: Simplified vs. Regular Uncontested Divorce
Florida offers a shortcut called a simplified dissolution of marriage, but only if you meet every requirement: no minor or dependent children, neither spouse is pregnant, you agree in writing on how to divide property and debts, both spouses give up any right to alimony, and both are willing to appear at the final hearing together. You also waive the right to a trial and an appeal.
If you have children, or one spouse will receive alimony, you’ll use the regular dissolution process even when everything is agreed. That means a full petition, financial affidavits, a marital settlement agreement, and — with children — a parenting plan and child support guidelines worksheet the judge must approve.
When Skipping a Lawyer Backfires
The danger in a do-it-yourself divorce is not the paperwork; it’s what the paperwork locks in. An alimony waiver in a simplified dissolution is permanent and cannot be revisited later. Retirement accounts often require a separate court order (a QDRO) to divide without tax penalties — a step self-represented couples routinely miss. Deeds, pension survivor benefits, and vague settlement language are other common trouble spots. And remember: one attorney cannot represent both spouses, so “we’ll just share a lawyer” is not an option.
What an Attorney Costs vs. What Mistakes Cost
Because uncontested divorces involve limited court time, many attorneys — including our firm — handle them for a predictable flat fee. Compare that to what it costs to reopen a case, litigate an ambiguous agreement, or absorb a tax penalty on a mishandled retirement division. A one-time document review is usually the cheapest insurance in the entire process.
Filing an Uncontested Divorce in Miami-Dade County
In Miami-Dade, divorce petitions are filed with the Clerk of the Courts, and the filing fee for a dissolution of marriage is $409 (fee waivers are available for those who qualify). Simplified dissolutions require both spouses to participate, and family cases are heard in the county’s family division in downtown Miami. Arturo R. Alfonso P.A. has handled Miami divorces in English and Spanish for over 35 years — if you’ve been searching for a divorce attorney near me to review your agreement before you sign, we can usually complete an uncontested review quickly and affordably.
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