Family Law Services in Miami

Who can file. At least one spouse must have lived in Florida for 6 months before the petition is filed (Florida Statutes section 61.021). Miami-Dade divorces are filed with the Clerk and heard in the Family Division of the Eleventh Judicial Circuit.

Grounds. Florida is a no-fault state. The usual ground is that the marriage is irretrievably broken (section 61.052(1)); you do not have to prove wrongdoing, and your spouse cannot stop the divorce by refusing to agree, as our guide to divorcing a spouse who will not cooperate explains.

Timing. No final judgment can be entered until at least 20 days after the petition is filed, unless the court finds that the delay would cause an injustice (section 61.19). In practice an agreed case takes longer than that and a contested one much longer; see realistic Florida divorce timelines.

Property. Florida is not a community property state. Marital assets and debts are divided under equitable distribution (section 61.075), which starts from an equal split, as our guide on community property and equitable distribution covers.

If you have minor children. Both parents must complete the Parent Education and Family Stabilization Course before the final judgment; the parent who files has 45 days after filing, and the other parent 45 days after being served (section 61.21). The same rule applies in a paternity case that involves parental responsibility. In a later modification of a parenting plan, the court may require a parenting course. Our guide to Florida parenting plans explains what the plan itself must cover.

Mediation. Where a family mediation program exists and parenting issues are disputed, the court refers those issues to mediation, but on a party’s request it may not refer a case where it finds a history of domestic violence that would compromise mediation (section 44.102). Many contested cases settle there; see contested and uncontested divorce.