How to File for Divorce in Miami-Dade County in 2026

Filing for divorce in Miami-Dade County follows specific procedures under Florida law. Whether you and your spouse agree on major issues or anticipate conflict, understanding the process from the start helps you make informed decisions about your case.

This guide walks through each stage of a Miami-Dade divorce filing—from eligibility to final hearing.

Residency Requirements

Before filing for divorce in Miami-Dade County, you must meet Florida’s residency requirement. Under Florida Statute § 61.021, at least one spouse must have been a Florida resident for a minimum of six months immediately before filing the petition. 

Residency can be established through a valid Florida driver’s license, Florida voter registration, testimony from a third party who can confirm residency, or other documentation showing continuous presence in Florida. 

You do not need to have lived in Miami-Dade County for any specific period—only in Florida. However, the petition is typically filed in the county where either spouse resides.

Choosing the Right Case Type

There are several recognized paths to divorce in Florida. The type you choose depends on your circumstances:

Regular Dissolution of Marriage: Most divorces fall into this category. One spouse files a Petition for Dissolution of Marriage, and the case proceeds through disclosure, negotiation or divorce mediation, and either settlement or trial.

Simplified Dissolution: Available only when both spouses agree on all issues, have no minor children, neither spouse is pregnant, neither seeks alimony, and both waive their right to trial and appeal. Both spouses must appear together at the final hearing. 

Uncontested Dissolution: When spouses agree on all terms but do not qualify for simplified dissolution (often because minor children are involved), they can file as uncontested divorce in Florida. This typically moves faster than contested cases. Although there is no designation in the courts to distinguish between a contested and an uncontested divorce, the difference is that an uncontested matter is typically filed at the same time as the Marital Settlement Agreement which has been signed by both parties.

Where to File in Miami-Dade County

Divorce petitions in Miami-Dade County are filed with the Clerk of the Circuit Court, Family Division. The main courthouse is located at:

• Miami-Dade County Courthouse: 175 N.W. 1st Avenue, Street Miami, FL 33128

You can also file at satellite courthouses in Hialeah, Homestead, and North Dade, depending on your location. Filing can be done in person or electronically through the Florida Courts E-Filing Portal.

The filing fee for a dissolution of marriage in Miami-Dade County is approximately $400-$410, though fees are subject to change. Additional fees may apply for service of process and other filings.

Filing and Serving the Petition

You can also file at satellite courthouses in Hialeah, Homestead, South Dade, and North Dade, depending on your location. Filing can be done in person or electronically through the Florida Courts E-Filing Portal. 

The filing fee for a dissolution of marriage in Miami-Dade County is approximately $435, though fees are subject to change. Additional fees may apply for service of process and other filings. 

Filing and Serving the Petition 

Step 1: Prepare the Petition. The Petition for Dissolution of Marriage identifies both spouses, states residency, and outlines your initial requests regarding property division, parental responsibility, time-sharing, child support, and alimony. If you have minor children, you must also file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit. 

Step 2: File with the Clerk. Submit your petition and required documents to the Clerk of Court. You will receive a case number and a copy of the filed petition stamped with the filing date. 

Step 3: Serve Your Spouse. Your spouse (the Respondent) must be formally served with a copy of the petition. Florida law requires personal service by a sheriff’s deputy or certified process server unless your spouse waives formal service by signing an acceptance. 

Your spouse then has 20 days to file a response. If no response is filed, you may be able to proceed by default—though this requires additional steps.

Mandatory Financial Disclosure

Florida Family Law Rule 12.285 requires both parties to exchange comprehensive financial information within 45 days of service. Required documents include the Family Law Financial Affidavit (short form or long form, depending on income), three years of federal and state tax returns, pay stubs for the past three months, bank statements, investment account statements, retirement account statements, and documentation of all debts and liabilities. 

Failing to provide complete disclosure can result in sanctions and may affect how the court views your credibility. Simplified (but not uncontested) dissolutions are exempt from mandatory disclosure requirements.

Mediation

Miami-Dade County requires mediation in most contested family law cases before the court will schedule a trial. A neutral mediator facilitates negotiation between you and your spouse on unresolved issues.

Mediation is confidential. If you reach an agreement, the mediator and the parties draft the Marital Settlement Agreement. If mediation does not result in full agreement, the unresolved issues proceed to trial. Divorce mediation is necessary in Florida but can be thoughtfully navigated with the right representation. Contact us to discuss your options.

The Final Hearing

Once all issues are resolved through agreement, the court schedules a final hearing. At this hearing, the judge reviews your Marital Settlement Agreement and Parenting Plan (if applicable), confirms both parties understand and agree to the terms, and enters the Final Judgment of Dissolution of Marriage. If the matter requires a trial, the court will issue a Final Judgment of Dissolution of Marriage with the ruling on all disputed issues.

Florida requires a minimum 20-day waiting period after filing before a final judgment can be entered (Fla. Stat. § 61.19). In practice, most cases take longer due to disclosure requirements, mediation scheduling, and court availability. 

What to Bring to Your Initial Attorney Meeting

If you decide to work with a divorce attorney, nothing is required other than the documents you’ve been served with, if any. But once you hire an attorney, gathering the following documents helps the attorney assess your situation and strategize going forward: marriage certificate, prenuptial or postnuptial agreements (if any), recent tax returns, pay stubs and proof of income for both spouses, bank and investment account statements, mortgage statements and property records, vehicle titles and loan documents, credit card statements and other debt records, and existing court orders (if any).

Frequently Asked Questions

Where do I file for divorce in Miami-Dade County?

Divorce petitions are filed with the Clerk of the Circuit Court, Family Division. The main courthouse is at 175 N.W. 1st Avenue, Street Miami, FL 33128in downtown Miami, with satellite locations in Hialeah, Homestead, South Dade and North Dade.

How long does a divorce take in Miami-Dade?

Florida requires a minimum 20-day waiting period. Uncontested cases where both parties agree may be finalized in four to eight weeks. Contested cases requiring mediation and trial typically take several months to over a year.

Do I need a lawyer to file for divorce in Miami-Dade?

You are not legally required to have an attorney, but divorce involves complex procedures, financial disclosures, and decisions with long-term consequences. Procedural errors can delay your case or affect how issues are resolved.

What if I cannot locate my spouse?

If you cannot find your spouse after a diligent search, Florida law allows service by publication. This requires filing an affidavit describing your search efforts and publishing a notice in a newspaper. The court must approve this alternative service method.