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Miami Divorce Lawyers

Florida

By Antonio G. Jimenez, Esq., Florida Bar No. 21022 | Covering Florida divorce lawLast updated June 16, 20267 min read

Local divorce attorney serving Miami

Vasquez de Lara Law Group

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To file for divorce in Miami, one spouse must have lived in Florida for 6 months, then file a Petition for Dissolution of Marriage at the Lawson E. Thomas Courthouse Center, 175 NW 1st Ave, Miami. The 2026 filing fee is $409, and no judgment issues for 20 days.

CountyMiami-Dade County
Filing fee$409 (dissolution of marriage petition, 2026)
Filing courtLawson E. Thomas Courthouse Center, Family Division, 11th Judicial Circuit Court of Florida
Court address175 NW 1st Ave, Miami, FL 33128
Property divisionEquitable distribution (Fla. Stat. § 61.075)
Waiting period20 days minimum before final judgment (Fla. Stat. § 61.19)
Residency requirement6 months of Florida residency before filing (Fla. Stat. § 61.021)

Miami divorces run through the Family Division of the 11th Judicial Circuit Court of Florida, the busiest circuit in the state. Cases are heard at the Lawson E. Thomas Courthouse Center at 175 NW 1st Avenue in downtown Miami, a few blocks from the Miami-Dade County Courthouse and the Government Center Metrorail stop. Whether you live in Brickell, Little Havana, Coral Way, or Coconut Grove, your dissolution of marriage is filed with the Miami-Dade Clerk of Courts and assigned to a family judge in this circuit. Florida is a no-fault state, so you do not have to prove wrongdoing — only that the marriage is irretrievably broken under Florida law.

Key Facts: Filing for Divorce in Miami (2026)

The table below summarizes the core local facts a Miami resident needs before filing. Each figure is drawn from the Miami-Dade Clerk of Courts fee schedule and Florida Statutes Chapter 61, current as of 2026.

ItemDetail
CountyMiami-Dade County
Filing courtLawson E. Thomas Courthouse Center, Family Division, 11th Judicial Circuit
Court address175 NW 1st Ave, Miami, FL 33128
Filing fee (2026)$409 (dissolution of marriage petition)
Residency requirement6 months in Florida before filing (§ 61.021)
Waiting period20 days minimum before final judgment (§ 61.19)
Property modelEquitable distribution (§ 61.075)

How do I file for divorce in Miami, Florida?

To file for divorce in Miami, prepare a Petition for Dissolution of Marriage, sign and notarize it, and submit it to the Miami-Dade Clerk of Courts with the $409 filing fee. One spouse must have lived in Florida for 6 months first, per Florida Statute § 61.021. Filing opens the case; the 20-day clock to a judgment starts the day you file.

The practical sequence in Miami-Dade County is straightforward but exacting. You complete the petition and any required attachments, such as a Family Law Financial Affidavit and, if you have children, a Uniform Child Custody Jurisdiction and Enforcement Act affidavit. You file in person at the Lawson E. Thomas Courthouse Center or through the Florida Courts E-Filing Portal at myflcourtaccess.com. After filing, you must serve your spouse — Miami-Dade Sheriff service runs roughly $40 to your spouse's address, while private process servers in the Miami area typically charge $60 to $125. Couples with minor children must each complete a state-approved Parent Education and Family Stabilization Course before the divorce is finalized. Financial disclosure is mandatory: both spouses exchange financial affidavits and supporting documents under Florida Family Law Rule 12.285.

Where do I file for divorce in Miami? (which courthouse)

Divorce petitions for Miami residents are filed with the Miami-Dade Clerk of Courts and heard at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami, FL 33128, home to the Family Division of the 11th Judicial Circuit. The division operates 8:00 a.m. to 5:00 p.m., Monday through Friday, and can be reached at 305-349-5561.

The Lawson E. Thomas Courthouse Center sits in downtown Miami's Government Center district, accessible by the Metrorail and Metromover Government Center stations. It is distinct from the historic Miami-Dade County Courthouse at 73 W Flagler Street, which now handles other civil matters. If you and your spouse fully agree and have no minor or dependent children and no jointly owned real estate, you may qualify for a simplified dissolution under Florida Statute § 61.052 — both parties must appear together in person at the courthouse with valid Florida photo identification, and the final hearing is set roughly 30 days after filing. Certified copies of your final judgment cost $1 per page plus $2 per document for certification through the clerk.

How much does a divorce lawyer cost in Miami?

A Miami divorce lawyer typically charges $300 to $500 per hour, with most family attorneys requiring a retainer of $3,000 to $7,500. An uncontested divorce in Miami often runs $1,500 to $4,000 in total legal fees, while a contested case with custody or asset disputes commonly reaches $15,000 to $30,000 or more, separate from the $409 court filing fee.

Several factors drive cost in Miami-Dade County. Contested time-sharing, business valuations, and high-asset equitable distribution under Florida Statute § 61.075 require more attorney hours, forensic accountants, and sometimes a parenting coordinator. Miami's cost of living also pushes hourly rates above the Florida average, particularly for attorneys handling Brickell and Coral Gables high-net-worth divorces. If you cannot afford the $409 filing fee, you may apply for a civil indigent status determination through the clerk; if approved, the fee is waived. Legal aid options for qualifying Miami residents include Legal Services of Greater Miami and the Dade County Bar Association's lawyer referral service, which offers reduced-cost initial consultations.

How long does a divorce take in Miami?

A divorce in Miami takes a minimum of 20 days from filing, because Florida Statute § 61.19 bars any final judgment until 20 days after the petition is filed. In practice, an uncontested Miami divorce usually finalizes in 4 to 12 weeks, while a contested case in the 11th Judicial Circuit commonly takes 9 to 18 months given the court's heavy caseload.

The 20-day statutory waiting period is rarely the bottleneck. Simplified and uncontested divorces move quickly once both spouses sign a marital settlement agreement and complete the parenting course if children are involved. Contested cases slow down through discovery, mandatory mediation (which the 11th Circuit routinely orders before trial), and scheduling around the family division's docket. A judge may waive the 20-day period only on a showing that injustice would result from delay — for example, an imminent military deployment. Because Miami-Dade is Florida's most populous county, with roughly 2.7 million residents, hearing dates for contested matters can stretch the timeline well beyond the statutory minimum.

What are the residency requirements to file in Miami-Dade County?

To file for divorce in Miami-Dade County, at least one spouse must have resided in Florida for 6 continuous months immediately before filing the petition, under Florida Statute § 61.021. This requirement is jurisdictional and cannot be waived. Courts verify it through a Florida driver's license issued more than six months earlier, voter registration, or a corroborating witness affidavit.

Residency requires genuine domicile, not just physical presence — Florida courts look for intent to remain. You may file in Miami even if your spouse lives in another state, as long as the Florida residency element is met. Property in a Miami divorce is divided by equitable distribution under Florida Statute § 61.075, which presumes a roughly equal split of marital assets unless fairness dictates otherwise. Time-sharing follows Florida Statute § 61.13, which since July 1, 2023 carries a rebuttable presumption that equal 50/50 time-sharing serves the child's best interests. Alimony is governed by Florida Statute § 61.08, reformed in 2023 to eliminate permanent alimony and cap awards at 35% of the difference in the spouses' net incomes.

What recent Florida law changes affect a Miami divorce?

Three major reforms reshaped Miami divorces between 2023 and 2024. Florida Statute § 61.08 was amended effective July 1, 2023, eliminating permanent alimony and capping support at 35% of the net income gap. Florida Statute § 61.13 added a rebuttable presumption of equal time-sharing. Florida Statute § 61.075 was overhauled effective July 1, 2024.

The 2024 equitable distribution changes under HB 521 added an interim partial distribution provision, allowing a Miami family judge to divide certain assets before the divorce is final when extraordinary good cause exists. The reform also clarified how courts value marital interests in closely held businesses, relevant in a Miami economy heavy with small businesses, real estate ventures, and international holdings. Interspousal gifts of real property now require a signed writing under Florida Statute § 689.01. The 2023 alimony reform recognizes four support types — temporary, bridge-the-gap, rehabilitative, and durational — with durational length tied to the marriage's length. These changes apply to cases filed after their effective dates, so the date you file at the Lawson E. Thomas Courthouse Center can determine which version of the law governs your case.

Frequently Asked Questions About Divorce in Miami

How much is the divorce filing fee in Miami in 2026?

The 2026 filing fee for a dissolution of marriage petition in Miami-Dade County is $409, paid to the Miami-Dade Clerk of Courts. Payment is accepted by cash, cashier's check, money order, Visa, MasterCard, or American Express, and is non-refundable. Personal checks are not accepted, and a fee waiver is available for indigent filers.

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Where exactly do Miami residents file for divorce?

Miami residents file with the Miami-Dade Clerk of Courts, with cases heard at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami, FL 33128. This downtown location houses the Family Division of the 11th Judicial Circuit. Hours are 8:00 a.m. to 5:00 p.m. weekdays; the family division phone line is 305-349-5561.

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How long must I live in Florida before filing for divorce in Miami?

At least one spouse must reside in Florida for 6 continuous months immediately before filing, under Florida Statute § 61.021. This jurisdictional requirement cannot be waived. Courts verify it with a Florida driver's license issued over six months earlier, voter registration, or a sworn corroborating witness affidavit confirming Florida residency.

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Is there a waiting period for divorce in Miami?

Yes. Under Florida Statute § 61.19, no final judgment of dissolution can be entered until at least 20 days after the petition is filed. The 20-day clock starts at filing, not at service. A judge may waive it only on proof that injustice would result from delay, such as an imminent military combat deployment.

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Does Florida still award permanent alimony in Miami divorces?

No. Effective July 1, 2023, Florida Statute § 61.08 eliminated permanent alimony for divorces filed after that date. Miami courts may now award temporary, bridge-the-gap, rehabilitative, or durational alimony, capped at 35% of the difference between the spouses' net incomes, with durational length tied to the marriage's length.

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How is custody decided in a Miami divorce?

Florida uses time-sharing and parenting plans, not the word custody. Under Florida Statute § 61.13, effective July 1, 2023, there is a rebuttable presumption that equal 50/50 time-sharing is in the child's best interests. A parent must prove by a preponderance of the evidence that equal time-sharing is not in the child's best interest.

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How much does a Miami divorce lawyer charge?

Miami divorce lawyers typically charge $300 to $500 per hour, with retainers of $3,000 to $7,500. An uncontested case often totals $1,500 to $4,000 in fees, while a contested divorce with custody or high-asset disputes commonly reaches $15,000 to $30,000 or more, separate from the $409 court filing fee.

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Can I get a faster simplified divorce in Miami?

Yes, if you qualify. Under Florida Statute § 61.052, a simplified dissolution requires no minor children, no pending pregnancy, no alimony claim, and full agreement on property. Both spouses must appear together in person at the Lawson E. Thomas Courthouse Center with valid Florida photo ID; the final hearing is set roughly 30 days after filing.

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