Brickell Divorce Lawyer & Family Law Attorney
Quick Answer
How long does a divorce take in Brickell, Florida?
Fla. Stat. § 61.19 sets a 20-day floor: no final judgment of dissolution may be entered until at least 20 days have elapsed from the filing of the original petition, unless the court finds that injustice would result from the delay and enters judgment earlier. § 61.021 adds the threshold condition that “one of the parties to the marriage must reside 6 months in the state before the filing of the petition,” and § 61.052 lets the court grant the dissolution on a finding that the marriage is irretrievably broken. An uncontested Brickell divorce therefore closes in about four to eight weeks; a contested one in the Eleventh Judicial Circuit generally runs eight to eighteen months.
Brickell is Miami's financial district and home to many young professionals and executives whose marital estates often include condominiums, equity compensation, retirement accounts, and complex earnings. Pazos Law Group represents Brickell residents in divorce, prenuptial agreements, and complex family law matters.
How long does a divorce take in Brickell, Florida?
Three statutes control the clock. Fla. Stat. § 61.021 requires that one of the parties reside 6 months in Florida before the petition is filed. Fla. Stat. § 61.052 permits the court to dissolve the marriage on a finding that it is “irretrievably broken,” so no spouse has to prove fault or wait out a separation period. Fla. Stat. § 61.19 then bars a final judgment until at least 20 days have elapsed from the filing of the original petition, unless the court finds that injustice would result from the delay and enters judgment earlier.
Everything past day 20 is scheduling and disagreement. A Brickell couple who file a signed marital settlement agreement with the petition are usually before a judge within four to eight weeks. Where high-rise condominium units and financial-sector compensation such as stock options and restricted stock units must be traced and valued, or where § 61.08 alimony or § 61.13 time-sharing is disputed, the case moves onto the Eleventh Judicial Circuit trial calendar and eight to eighteen months is the ordinary range.
How much does a divorce cost in Brickell, Florida?
The Miami-Dade Clerk of the Court and Comptroller charges a $409.00 filing fee to open a dissolution of marriage case, per the Clerk’s published family fee schedule. Related charges on the same schedule include $10.50 to record the final judgment with the Florida Department of Health and $50.00 to reopen a closed case. Current amounts are posted by the Miami-Dade Clerk’s Family Court division.
Beyond the clerk’s fee, the cost of a Brickell divorce is driven almost entirely by how much of the case is litigated, and any figure varies by complexity. Illustrative flat fees on uncontested matters: $1,000–$2,500 without minor children, $1,500–$3,500 with minor children, and $750–$1,500 to prepare a marital settlement agreement where terms are already agreed. Contested files typically open with a $5,000–$15,000 retainer billed hourly.
Two statutory levers can shift the number. Fla. Stat. § 61.16 authorizes an award of attorney’s fees, suit money, and costs based on the parties’ relative financial circumstances and the Rosen factors. Fla. Stat. § 44.102 makes mediation available — and in most contested cases required — which is usually cheaper than trying § 61.075 and § 61.13 issues.
Where do I file for divorce in Miami-Dade County, Florida?
Brickell dissolutions are filed with the Miami-Dade Clerk of the Court and Comptroller and heard in the Family Division of the Eleventh Judicial Circuit (11th), which sits at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami, FL 33128. Filing is done electronically through the Florida Courts E-Filing Portal; the clerk assigns the case to a family division judge.
Two threshold facts have to appear in the petition. Fla. Stat. § 61.021 requires that one spouse have resided in Florida for 6 months before filing, and § 61.052(2) requires that residency be proved — by a Florida driver license, voter registration, or the corroborating testimony of a third party. Venue is the county where the parties last lived together with a common intent to remain married, or where the respondent resides.
Who can file in Brickell under Fla. Stat. § 61.021?
One spouse, six months, before filing. That is the whole of Fla. Stat. § 61.021: “one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Neither spouse needs to have lived in Brickell specifically, and neither needs to be a US citizen — the statute asks about residence in Florida. Proof is required under § 61.052(2), typically a Florida driver license or voter registration predating the filing by more than six months, or corroborating testimony. Without it the Eleventh Judicial Circuit cannot enter a judgment at all.
How is property divided under Fla. Stat. § 61.075?
Florida is an equitable distribution state, not a community property state. Fla. Stat. § 61.075(1) directs that the court “must begin with the premise that the distribution should be equal,” unless there is a justification for an unequal distribution based on the statutory factors. In a Brickell case that premise runs into high-rise condominium units and financial-sector compensation such as stock options and restricted stock units, which is why classification comes before division.
Section § 61.075(6)(b) defines nonmarital assets — property owned before the marriage, and gifts and inheritances to one spouse alone — and keeps them out of the pot unless they were commingled. Section § 61.075(7) requires the court to set a valuation date, which matters when an asset moves in value during the case. Section § 61.075(6)(a)1.b brings back into the marital estate the enhancement in value of a nonmarital asset that came from marital labor or marital funds.
Can my spouse move away with our children after the divorce?
Not unilaterally. Fla. Stat. § 61.13001 governs relocation of a parent with a child and is triggered by a move of 50 miles or more from the principal residence at the time of the last order, for at least 60 consecutive days. It requires either written agreement of the other parent or a petition to relocate; a move made without one is grounds for the court to order the child returned and to weigh the conduct in a § 61.13 modification. For Brickell families with employment or family ties outside South Florida, this is the statute to read before signing a lease.
Is time-sharing presumed equal in Florida since July 1, 2023?
Yes. The 2023 amendment to Fla. Stat. § 61.13(2)(c)1. installed a rebuttable presumption that equal time-sharing serves the minor child’s best interests; the standard for rebutting it is a preponderance of the evidence. That is a meaningful change for Brickell families, because before July 2023 there was no statutory default at all. The court still has to approve a written parenting plan, and it still applies the § 61.13(3) factors — the presumption tells the judge where to start, not where to finish.
How is child support calculated under Fla. Stat. § 61.30?
Fla. Stat. § 61.30 is a guidelines statute. Each parent’s net income is determined, the combined figure is run against the statutory support schedule, and the obligation is divided in proportion to income with health insurance and work-related child care added on. Written findings are required to depart from the guideline amount by more than 5 percent.
The single largest variable in most Brickell cases is the overnight count. Under § 61.30(11)(b)8., a parent who has the child for at least 20 percent of the overnights is exercising a “substantial amount of time” and the gross-up method applies. Because § 61.13(2)(c)1. now presumes equal time-sharing, that threshold is met far more often than it was before July 2023.
Is mediation required before a contested hearing in Brickell?
In practice, yes. Fla. Stat. § 44.102 authorizes courts to refer contested civil matters to mediation, and § 61.183 specifically addresses mediation of contested family issues including parenting and support. The Eleventh Judicial Circuit refers essentially every contested dissolution to mediation before it will set a final hearing.
What is said there stays there. Fla. Stat. § 44.405 makes mediation communications confidential and privileged, subject to the exceptions listed in that section. A signed mediated agreement, by contrast, is a contract and is normally incorporated into the final judgment.
What kinds of alimony can a court award under Fla. Stat. § 61.08?
Four, since the 2023 rewrite of Fla. Stat. § 61.08: temporary, bridge-the-gap, rehabilitative, and durational. Permanent alimony was eliminated. The court first makes a finding on need and ability to pay, then selects the form and the amount, and § 61.08(8) caps how long durational alimony may run relative to the length of the marriage.
For Brickell spouses, the practical consequence is that a long marriage no longer implies an indefinite award. Rehabilitative alimony requires a specific and defined plan; bridge-the-gap addresses identifiable short-term needs and cannot be modified. Where high-rise condominium units and financial-sector compensation such as stock options and restricted stock units make income hard to pin down, proof of ability to pay becomes the contested issue.
Statutory citations link to the official text published by the Florida Legislature. General information about Florida family courts is published by the Florida State Courts System. This page is general information about Florida law, not legal advice for your case.
Divorce in Brickell: An Overview
Looking for a Brickell family law attorney? Pazos Law Group represents Brickell families in divorce, child custody, child support, alimony, paternity, and post-judgment modifications. The Brickell area is the heart of Miami's financial sector, with a community of finance, technology, legal, and professional services workers. Divorces in Brickell regularly feature equity compensation (stock options, RSUs, carried interest), substantial 401(k) and IRA balances, condominium-based real estate, and the need to handle bonus or earn-out structures during a divorce.
Why Local Experience Matters
Brickell cases often turn on whether equity compensation grants are marital or non-marital, how bonuses are characterized, and how to structure a settlement around assets that vest over future periods. Experienced family law counsel familiar with these compensation structures is critical.
Family Law Services for Brickell Residents
Pazos Law Group represents Brickell clients in the full range of family law matters:
- Divorce — contested and uncontested dissolution of marriage under Florida law.
- High-Net-Worth Divorce — complex marital estates involving businesses, real estate, equity compensation, and international assets.
Where Your Case Is Heard
Brickell divorces are heard in the Eleventh Judicial Circuit of Florida, Family Division, at the Lawson E. Thomas Courthouse Center in Miami. The 11th Circuit covers all of Miami-Dade County.
About Pazos Law Group
Pazos Law Group is a South Florida family law firm founded by Nadia Pazos, who has practiced since 2005 and is licensed in both Florida and New York. Nadia holds the AV Preeminent rating from Martindale-Hubbell — Martindale-Hubbell’s highest rating — and by Avvo Clients’ Choice. The firm serves clients in English and Spanish throughout Miami-Dade, Broward, and Palm Beach counties.
Specific Considerations for Brickell Divorces
The Manhattan of the South
Brickell is Miami’s financial district and one of the most densely populated urban neighborhoods in the United States. Often called the “Manhattan of the South,” Brickell concentrates banking, hedge funds, private equity, family offices, fintech, and international finance — with substantial Latin American, European, and increasingly Northeast U.S. transplant populations. Divorces in Brickell commonly involve high-rise luxury condominiums, equity compensation (executives at financial firms), carried interest in private fund vehicles, international banking relationships, and cross-border tax considerations.
Within Brickell
Divorces commonly involve residents of luxury condominium buildings including 1010 Brickell, Brickell Flatiron, Brickell House, Brickell Heights, Echo Brickell, SLS Lux, Reach & Rise Brickell City Centre, Four Seasons Hotel and Tower, Icon Brickell, The Bond, Infinity at Brickell, and the bayfront towers along South Bayshore Drive and along the Miami River. Each building has distinct condominium documents, HOA fees, and transferability restrictions affecting equitable distribution under Fla. Stat. § 61.075.
Worked example: $2.5M Brickell condo + $1.4M mortgage
Sample case math. A couple owns a 2-bedroom unit at Brickell Flatiron worth approximately $2.5 million with a $1.4 million remaining mortgage and roughly $14,000/month in mortgage + tax + HOA carry. They have $620,000 of marital equity in the condo and roughly $400,000 in other liquid marital assets. Equitable distribution under Fla. Stat. § 61.075 typically allows three settlement paths:
- Sale and equity split. Sell the unit, pay off the mortgage and closing costs (~6% in Florida), divide net ~$520,000 50/50 = $260,000 each. Cleanest, but the seller takes Miami-Dade condo-market timing risk.
- One spouse buys out the other. Buying spouse takes the unit and refinances the $1.4M mortgage into their name alone (lender qualification at current rates is the gate). Selling spouse gets ~$310,000 cash buy-out plus a half-share of the $400k in liquid marital assets. Buying spouse must qualify solo for the new loan — condos in some Brickell buildings have HOA delinquency or insurance-loss-ratio issues affecting warrantability.
- Deferred sale / nesting. Hold the unit jointly post-divorce for a fixed period (commonly 2–5 years), sell later. Usually only used when minor children attend specific local schools or when market timing is acute. Requires a detailed cost-sharing and decision-making side agreement.
Whichever path is chosen, the deal needs to address (a) HOA estoppel and assessment lien issues, (b) any building-specific transfer restrictions, (c) capital-improvement assessments pending or contemplated, and (d) cooperative property-insurance access — the 2024–2026 Florida condo insurance market makes this material.
Equity compensation and carried interest
Brickell’s financial sector concentration means many divorces involve equity compensation — restricted stock units (RSUs), incentive stock options (ISOs), non-qualified stock options (NSOs), and performance share units (PSUs). The marital portion is calculated using the time-rule fraction (Jensen v. Jensen, 824 So. 2d 315 (Fla. 1st DCA 2002)). Federal tax treatment under IRC §§ 83, 409A, 422 affects valuation timing.
Carried interest in private fund vehicles (private equity, venture capital, hedge fund GP shares) requires specialized treatment. The carry typically vests over multi-year periods and depends on fund performance. Florida courts must address whether the carry is marital, partially marital (the portion vested through the date of filing or trial), or non-marital, and how to handle future contingent payments.
International element
Brickell’s international community produces divorces with substantial foreign assets, dual citizenships, and complex jurisdictional questions. FBAR (FinCEN Form 114) and FATCA disclosures apply to foreign accounts. Florida courts apply Fla. Stat. § 61.021’s six-month residency requirement strictly. Enforcement of Florida orders against foreign property typically requires coordinated foreign counsel.
Bilingual representation
Pazos Law Group represents Brickell clients in English and Spanish (en inglés y en español). For Latin American clients, the firm provides full-service Spanish-language representation. Florida courts provide certified court interpreters under Fla. R. Jud. Admin. 2.560 for other languages.
High-density urban parenting plans
For Brickell families with school-age children, parenting plans must account for the specific school placements common to Brickell residents — Southside K-8 Center, Mater Academy (Brickell location), and surrounding private schools (Carrollton, Ransom Everglades, Gulliver). The 2023 equal time-sharing presumption under Fla. Stat. § 61.13(2)(c) starts the analysis at 50/50.
Faster, lower-cost options in Brickell: if you and your spouse agree on the major issues, an uncontested divorce or a predictable flat-fee divorce is usually the fastest, least expensive path for Brickell families.
What Our Clients Say
★★★★★“After consultations at other law firms, I knew immediately I wanted to go with Nadia. Not only was I made to feel so comfortable during the worst time of my life, but I was always kept informed. She truly cares about achieving the best.”
— Tracy Putter, Google Review
★★★★★“Nadia and her team were a pleasure to work with, especially during tough times. They managed to navigate some sticky situations with creativity and delivered the best results I could have hoped for. I highly recommend Pazos Law Group.”
— Brian Coolidge, Google Review
★★★★★“My divorce was really complex and as soon as I met Nadia and I explained my case, I knew that I had to go with her, not only because she is very professional but also because she has an excellent team.”
— Anayda Frisneda, Google Review
Reviews reflect the experiences of individual clients. Past results do not guarantee a similar outcome.
Frequently Asked Questions
How are stock options and RSUs divided in a Brickell divorce?
Stock options and restricted stock units (RSUs) granted during the marriage are typically marital property to the extent earned during the marriage, even if they vest after filing. Florida courts often apply a coverture fraction or analogous formula to allocate the marital portion based on whether the grant compensates past services or future performance.
Is my retirement account at risk in a Florida divorce?
Marital portions of retirement accounts are subject to equitable distribution. Pre-marital balances are typically non-marital, although appreciation during the marriage may have a marital component. Division usually requires a Qualified Domestic Relations Order (QDRO) for qualified plans or careful structuring for IRAs to avoid early withdrawal penalties.
Should I have a prenuptial agreement before marrying in Brickell?
Prenuptial agreements are common for individuals with significant pre-marital assets, equity compensation, or anticipated inheritances. Florida recognizes prenups under the Uniform Premarital Agreement Act (Fla. Stat. § 61.079) when properly executed. The agreement must be in writing, signed voluntarily, and supported by fair financial disclosure.
How is a Brickell condo divided in a divorce?
Three typical paths: (1) sell and split net equity 50/50 after mortgage payoff and ~6% closing costs; (2) one spouse buys out the other and refinances the mortgage into a sole-borrower loan; (3) deferred sale with a written side agreement covering carry costs, decisions, and timing. Florida applies equitable distribution under Fla. Stat. § 61.075. Each path needs to address HOA estoppel, transfer restrictions, pending assessments, and the current Florida condo insurance market.
What if my spouse and I are not U.S. citizens — can we still divorce in Brickell?
Yes, if Florida's residency requirement is met. Under Fla. Stat. § 61.021, one spouse must have resided in Florida for at least 6 months before filing. Non-citizen status does not bar a Florida divorce. International elements (foreign accounts requiring FBAR/FATCA disclosure, foreign-titled property, dual jurisdictional questions) require coordinated handling and often parallel foreign counsel.
How much does a divorce cost in Brickell?
Beyond the court's filing fee, the total cost depends primarily on whether your divorce is uncontested or contested. An uncontested divorce, where both spouses agree on all terms, is significantly less expensive. Contested cases involving disputes over assets, support, or time-sharing cost more because they require negotiation, discovery, and sometimes trial.
How long does a divorce take in Florida?
Florida law requires a minimum 20-day waiting period after the petition is filed before a divorce can be finalized (Fla. Stat. § 61.19). A fully uncontested divorce can conclude in roughly four to five weeks. Contested cases typically take several months to over a year, depending on the complexity of the issues and the court's calendar.
Request a Confidential Consultation in Brickell
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Also Serving Miami-Dade County
Pazos Law Group represents clients throughout Miami-Dade County. Other locations we serve:
- Miami Divorce Attorney
- Aventura Divorce Attorney
- Coconut Grove Divorce Attorney
- Coral Gables Divorce Attorney
- Cutler Bay Divorce Attorney
- Doral Divorce Attorney
Related Reading
- Brickell Prenuptial Agreement Attorney
- How Much Does a Divorce Cost in Florida in 2026?
- How Long Does a Divorce Take in Miami-Dade?
- Florida Alimony: The 4 Types After 2023 Reform
- Florida’s 50/50 time-sharing presumption — the 2023 change that starts most cases at equal overnights.
- protecting a father’s parenting time — practical steps before and during a case.
- § 61.14 and changing an existing order — when a court will revisit support.
- restraining orders under Florida law — standards of proof and the duration of an injunction.
Divorce in Brickell: High-Rise Condos & Finance-Sector Wealth
Brickell is Miami’s financial district and one of the densest luxury high-rise neighborhoods in the country. Couples here are often dual-income professionals in banking, law, real estate, and increasingly fintech and digital assets — which makes income and asset characterization the core battleground in a Brickell divorce. Compensation frequently includes bonuses, restricted stock, deferred compensation, and carried interest, none of which appear cleanly on a W-2 and all of which require careful analysis for both equitable distribution and alimony. Cryptocurrency holdings are increasingly common and raise real disclosure and tracing issues. The marital home is usually a condominium — sometimes purchased pre-marriage and later paid down with marital funds, which creates a mixed marital/non-marital character that must be untangled. Many Brickell residents are relatively recent arrivals to Florida, so residency and venue questions arise. Brickell cases are filed in the 11th Judicial Circuit in Miami-Dade.
Speak with a Brickell Family Law Attorney
Pazos Law Group offers confidential consultations for Brickell clients in divorce, child custody, and complex family law matters.
Schedule a Confidential ConsultationThe information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.