Miami Divorce Lawyer

Arturo R. Alfonso is a solo attorney in Miami with 30 years of experience who handles contested and uncontested divorces in English and Spanish. Florida courts can grant a divorce because the marriage is irretrievably broken, with no proof of fault, provided one spouse has resided in Florida for at least six months before filing.

A Miami Divorce Lawyer for Contested and Uncontested Cases

Arturo R. Alfonso, P.A. is the law practice of Arturo R. Alfonso, a solo attorney in Miami with 30 years of experience. When you hire the firm, you work directly with Arturo, in English or Spanish.

As a divorce lawyer in Miami, Arturo represents spouses in cases before the Family Division of the Eleventh Judicial Circuit, which covers Miami-Dade County. Florida does not make either spouse prove the other did something wrong: under Section 61.052, Florida Statutes, a divorce can be granted on the ground that the marriage is irretrievably broken. Section 61.021 adds a residency requirement: before the petition is filed, one spouse must have resided in Florida for six months.

Some couples agree on every issue, including property, debts, support, and time-sharing for any children. Others disagree on at least one point, and a judge decides whatever they cannot settle. Arturo handles both uncontested and contested divorces. Our guides explain whether you need a lawyer for an uncontested divorce and how contested and uncontested divorces differ in Florida.

Below is a practical guide to a Miami-Dade divorce, from who can file to the final hearing.

Grounds, Residency, and a Spouse Who Does Not Agree

Besides an irretrievably broken marriage, Section 61.052 recognizes one other ground: the mental incapacity of a spouse. It applies only when that spouse has been adjudged incapacitated under Florida’s guardianship law for at least the three preceding years.

Residency must be corroborated. Section 61.052(2) allows this with a valid Florida driver license, Florida identification card, or voter registration card, or with the testimony or affidavit of a third party.

Your spouse’s consent is not required. If there is a minor child, or if your spouse’s answer denies that the marriage is irretrievably broken, the judge may order counseling, or may put the case on hold for as long as three months so the spouses can try to reconcile. See whether you can divorce if your spouse does not agree.

Simplified Dissolution Under Rule 12.105

Florida Family Law Rule of Procedure 12.105 offers a shorter process for some couples. Both spouses must certify under oath that:

• they have no minor or dependent children together, the wife has no minor or dependent children born during the marriage, and the wife is not pregnant;
• they have divided their property to their satisfaction and agreed on how their joint debts will be paid; and
• the other facts in the official petition, Form 12.901(a), are true.

The form’s official instructions add that neither spouse may be seeking alimony and both must agree to waive a trial and any appeal. Both spouses must also appear before the judge. Couples who do not qualify file a regular petition, even if they agree on everything.

What a Florida Divorce Decides

Depending on your family, the final judgment can resolve the issues below. Arturo handles each of them as part of his family law practice in Miami.

• Property and debts. Under Section 61.075, each spouse keeps his or her nonmarital assets and liabilities, such as assets acquired before the marriage, inheritances, and gifts from third parties. Marital assets and debts are divided starting from the premise of an equal split, unless the statutory factors justify an unequal one. The cut-off date for what counts as marital is the filing date, unless a valid separation agreement sets an earlier one.
• Alimony. Under Section 61.08, the court first decides whether the requesting spouse has an actual need for alimony and whether the other spouse is able to pay. The forms are temporary, bridge-the-gap, rehabilitative, and durational; permanent alimony can no longer be awarded in cases pending or filed on or after July 1, 2023. See alimony in Miami.
• Parental responsibility and time-sharing. Section 61.13 calls for shared parental responsibility unless it would be detrimental to the child and, unless the parents agree otherwise, presumes that equal time-sharing serves the child’s best interests. That presumption can be rebutted. The schedule goes into a parenting plan. See child custody and time-sharing in Miami.
• Child support. The guideline amount under Section 61.30 presumptively sets the support ordered. A variance of more than 5 percent requires a written finding that the guideline amount would be unjust or inappropriate.
• Attorney’s fees. Section 61.16 allows the court, after considering both spouses’ financial resources, to order one spouse to pay a reasonable amount toward the other spouse’s attorney’s fees and costs.

Mandatory Financial Disclosure

Florida Family Law Rule of Procedure 12.285 requires both spouses to exchange financial records within 45 days after the petition is served on the responding spouse. The required items include:

• a financial affidavit, using Form 12.902(b) when gross annual income is under $50,000 and Form 12.902(c) at $50,000 or more;
• income tax returns for the past three years and proof of earnings for the past six months;
• the last 12 months of statements from bank, brokerage, and retirement accounts;
• credit card statements and other debt records for the past 24 months; and
• deeds, loan applications, and any prenuptial or postnuptial agreement.

The rule does not apply to simplified dissolutions and certain other case types. Because settlement talks and any trial depend on these records, Arturo helps clients gather and review them early in the case.

Mediation

Florida judges can refer contested family issues to mediation, where a neutral mediator helps the spouses look for an agreement (Section 44.102 and Family Law Rule 12.740). Where a circuit has established a family mediation program, disputed parenting issues must be sent to mediation, in whole or in part. On a party’s request, the court will not refer a case if it finds a history of domestic violence that would compromise the process.

In Miami-Dade, a judge who orders mediation issues an Order of Referral to Mediation (Family Division). The court runs its own family mediation service, and the spouses may choose a private mediator instead. Any agreement is put in writing, signed, and submitted to the judge for approval; if the spouses cannot agree, the judge decides. Mediators cannot give legal advice, so it helps to know your rights before the session.

How a Divorce Case Moves Forward

1. Petition. One spouse files a petition for dissolution of marriage in circuit court (Section 61.043). While the case is pending, either spouse may ask for temporary alimony and suit money, meaning help with case costs (Section 61.071).
2. Service. The other spouse must receive formal service of the petition and a summons. If a spouse cannot be found after a diligent search, Florida law allows service by publication in a divorce case (Sections 49.011 and 49.041).
3. Response. The responding spouse generally has 20 days after service to respond and may also file a counterpetition (Rule 12.140). If no response is filed, the petitioner can seek a default (Rule 12.500).
4. Disclosure. Both spouses exchange the Rule 12.285 documents within 45 days after service.
5. Parenting course. Parents of minor children must finish the Parent Education and Family Stabilization Course before a final judgment is entered, unless the court excuses it for good cause (Section 61.21).
6. Settlement or mediation. The spouses try to resolve open issues through negotiation and, when ordered or agreed, mediation.
7. Final hearing or trial. If everything is settled, the judge reviews the agreement at a final hearing; if not, the judge decides the remaining issues after a trial. Section 61.19 bars a final judgment until at least 20 days after the petition was filed, unless the court finds that the delay would cause an injustice.

How long this takes depends on how many issues are disputed, how promptly disclosure is completed, and the court’s calendar. For more, see how long a divorce takes in Florida and how much a divorce costs in Florida.

Filing for Divorce in Miami-Dade

Miami-Dade County makes up Florida’s Eleventh Judicial Circuit (Section 26.021). The circuit’s Family Division hears dissolution of marriage cases, along with custody, support, paternity, and modification matters. Its judges and support staff are based at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami.

The Miami-Dade Clerk of the Court and Comptroller receives family court filings. For a simplified dissolution, the Clerk has both spouses come in together, in person, to the Lawson E. Thomas Courthouse Center to file, each with a valid Florida photo ID. The court also lists a divorce education program for parents as required.

Talk With a Miami Divorce Lawyer

Whether you are preparing to file, have just been served, or are still weighing your options, a consultation can help you see where you stand. If you have been served, act promptly. The firm offers a free consultation in English or Spanish. Its office is located at 7821 Coral Way, Suite 125, Miami, FL 33155. Call (305) 266-9584 or send a message through the contact page.