Do I Have to Go to Court to Get Divorced in Florida?

Not always. Every Florida divorce must be filed in circuit court and ended by a judge’s final judgment, but in many uncontested Miami-Dade cases both spouses sign a sworn affidavit and the judge can sign the judgment without a hearing. A simplified dissolution still requires both spouses to appear, and contested cases can end in trial.

Every Divorce Goes Through the Court

There is no way to end a Florida marriage privately. A divorce — legally, a dissolution of marriage — starts with a petition filed with the clerk of the circuit court, and it ends only when a judge signs a final judgment. A signed separation agreement, a religious divorce, or simply living apart does not end the marriage on its own.

What varies is how much of that court process you experience in person. Florida is a no-fault state: under Fla. Stat. § 61.052, the court needs to find only that the marriage is irretrievably broken, and at least one spouse must have lived in Florida for the six months before filing (§ 61.021). Under § 61.052(2), the evidence does not need corroboration except for residency, which can be shown with a valid Florida driver license, Florida ID card, or voter registration card, or with the testimony or affidavit of a third party.

Timing is also set by statute. Under § 61.19, no final judgment can be entered until at least 20 days after the petition is filed, unless the court finds that waiting would cause an injustice. So even the fastest uncontested case takes a few weeks, whether or not anyone goes to a courtroom.

Uncontested Divorce Without a Hearing in Miami-Dade

When spouses agree on everything, the Eleventh Judicial Circuit (Miami-Dade) offers a Special Affidavit for Remote Uncontested Dissolution of Marriage (Without a Hearing). Each spouse signs it under oath before a notary or deputy clerk, swearing that the marriage is irretrievably broken, that one of them has lived in Florida for at least six months, and that a copy of a Florida driver license, ID, voter registration, or an affidavit of a corroborating witness is attached.

If there is a marital settlement agreement or a parenting plan, each spouse also swears that they exchanged full and complete financial disclosure and signed the agreement freely and voluntarily, and, where there are children, that the parenting plan is in the children’s best interest. The form states that a final hearing will not be set and that the judge may enter a final judgment closing the case without the spouses being present.

Two cautions. First, the word is “may”: the judge can still set a hearing if something in the file is missing or raises a question. Second, the paperwork has to be right the first time, because there is no hearing at which to fix it. For couples with no children, no assets, and no debts to divide, the circuit’s self-help instructions say the certified final judgment arrives by mail in about four to eight weeks after the packet is processed.

Simplified Dissolution: Both Spouses Must Appear

Florida’s “simplified dissolution” sounds like the easiest route, but it is the one track that always involves a court appearance. Under Florida Family Law Rule of Procedure 12.105, a couple can use it only if they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage and is not pregnant, and they have already divided their property and agreed on paying their joint debts.

Rule 12.105(b) then provides that the parties “shall appear before the court in every case” and testify if the court directs. The judge enters the judgment only after examining the petition and the personal appearance of both spouses. Couples using this procedure also give up the right to a trial and to an appeal, so it fits best when the marriage was short and there is little to divide. For many agreeing couples, a regular uncontested petition with a settlement agreement and the no-hearing affidavit involves less time at the courthouse, not more.

If You Have Children

Children do not force a courtroom appearance, but they add steps the judge must see before signing. You will need a parenting plan, and the court must approve it as being in the children’s best interest. Child support is calculated under the Florida guidelines and documented in the file.

Under Fla. Stat. § 61.21(4), both parents in a dissolution case with minor children must complete the Parent Education and Family Stabilization Course before the court enters a final judgment. The court can excuse a parent for good cause, but in practice a missing course certificate is one of the most common reasons an otherwise agreed divorce stalls.

Section 61.052(2) also gives the court one extra option in cases with a minor child, or where a spouse denies under oath that the marriage is broken: it may order counseling or continue the case for up to three months. That is uncommon in agreed cases, but it is another reason a judge may want to see the parties.

Contested Cases and Defaults: When to Expect a Courtroom

If you and your spouse disagree on property, support, alimony, or time-sharing, expect to deal with the court more directly. Contested cases involve mandatory financial disclosure, hearings on temporary issues such as support while the case is pending, and mediation. The Eleventh Circuit’s own guidance says that if the spouses do not sign a marital settlement agreement on their own, they will be sent to mediation. Many cases settle there and then finish like an uncontested case. Those that do not settle go to a trial before the judge — Florida divorces are not tried to a jury.

If your spouse is served and does not respond within 20 days, you can ask the clerk to enter a default, and the case moves forward without them. Even then, you may need to attend a short hearing so the judge can hear your proof on residency and on the terms you are asking for. Your spouse’s silence does not stop the divorce, but it also does not let you skip proving your case.

When a hearing is required, it may not mean a trip downtown. Miami-Dade family judges hold many hearings remotely by Zoom, and the court sends the connection details by email.

Filing a Divorce in Miami-Dade County

Miami-Dade divorces are filed with the Clerk of the Court and Comptroller and heard by the Family Division of the Eleventh Judicial Circuit. New family filings are made at 175 N.W. 1st Avenue in downtown Miami, and the filing fee for a dissolution of marriage is $409, with fee waivers available to those who qualify. The circuit’s Family Court Self-Help Program can review forms for people representing themselves, but it cannot give legal advice about whether an agreement is fair.

Whether your divorce needs a hearing usually comes down to two things: whether every issue is truly resolved in writing, and whether the paperwork is complete enough for a judge to sign without questions. Arturo R. Alfonso P.A. has helped Miami-Dade families through divorce in English and Spanish for 30 years. If you are searching for a divorce lawyer near me and want to finish your case without a court appearance, the firm can prepare the settlement agreement, financial disclosure, and no-hearing affidavits, and tell you up front whether your case is likely to need a hearing.

Related Questions

• What is the difference between contested and uncontested divorce?
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