Homestead Divorce Lawyer & Family Law Attorney
Quick Answer
How long does a divorce take in Homestead, Florida?
The statutory minimum is 20 days. Fla. Stat. § 61.19 bars entry of a final judgment of dissolution — absent a showing of injustice — until at least 20 days have passed from the filing of the original petition, and § 61.021 conditions filing on the fact that “one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” In practice an agreed Homestead dissolution is entered about four to eight weeks after filing. A contested case in the Eleventh Judicial Circuit ordinarily takes eight months to eighteen months, driven by discovery, valuation under § 61.075(7), and the court’s trial calendar.
How long does a divorce take in Homestead, Florida?
The 20-day waiting period in Fla. Stat. § 61.19 is the only fixed delay Florida imposes; there is no separation requirement. Before the clock starts, § 61.021 requires 6 months of Florida residency by one spouse, and § 61.052 supplies the ground — that the marriage is “irretrievably broken.”
For Homestead residents the real variable is how many of the chapter 61 issues stay open. Uncontested filings that resolve § 61.075 distribution, § 61.30 support, and § 61.13 time-sharing on paper are routinely finalized four to eight weeks after filing. Contested matters set for hearing in the Eleventh Judicial Circuit commonly take eight to eighteen months.
How much does a divorce cost in Homestead, 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 Homestead 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?
You file in the circuit court, not a city court. For Homestead that means the Family Division of the Eleventh Judicial Circuit (11th), with the Miami-Dade Clerk of the Court and Comptroller accepting the petition at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami, FL 33128. All filings go through the statewide e-filing portal.
The petition must establish the § 61.021 residency condition — 6 months of Florida residency by one party before filing — and § 61.052(2) requires corroboration of it. Once filed, § 61.19 starts the 20-day clock before a final judgment can be entered. The Florida State Courts System maintains a general overview of Florida family courts.
Who can file in Homestead 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 Homestead 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 Homestead case that premise runs into minor children, support, and agricultural or nursery land at the southern end of the county, 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.
Does a prenuptial agreement control the outcome?
Usually, if it is valid. Fla. Stat. § 61.079 is Florida’s Uniform Premarital Agreement Act and lets spouses contract in advance about property rights and, within limits, support — displacing the default rules of § 61.075 and § 61.08. A party attacking the agreement in a Homestead divorce must fit within the statutory grounds; Casto v. Casto, 508 So. 2d 330 (Fla. 1987), remains the leading Florida authority on setting aside marital agreements. Postnuptial agreements are analyzed on similar principles.
Is time-sharing presumed equal in Florida since July 1, 2023?
Since 1 July 2023 the answer is yes, subject to proof. Fla. Stat. § 61.13(2)(c)1. creates a rebuttable presumption that equal time-sharing is in the child’s best interests, rebuttable by a preponderance of the evidence. In practice that shifted the burden in Homestead cases: the parent seeking a majority schedule now has to justify it against the presumption, using the § 61.13(3) best-interest factors. The parenting plan and the § 61.30 child support calculation are decided together, because overnights drive both.
How is child support calculated under Fla. Stat. § 61.30?
Child support in Homestead is set by the guidelines in Fla. Stat. § 61.30. The calculation takes both parents’ net incomes, applies the statutory schedule, allocates the result proportionally, and adds health insurance premiums and child care. Deviations beyond 5 percent require written findings.
Section § 61.30(11)(b)8. supplies the threshold that changes the math: a parent exercising at least 20 percent of the annual overnights has a “substantial amount of time” with the child, and the gross-up formula applies. Income is broadly defined and includes bonuses, commissions, and self-employment earnings — relevant wherever minor children, support, and agricultural or nursery land at the southern end of the county are in play.
Is mediation required before a contested hearing in Homestead?
For practical purposes yes. Fla. Stat. § 44.102 empowers the court to refer contested matters to mediation and § 61.183 extends that specifically to contested family issues. The Eleventh Judicial Circuit will not ordinarily set a Homestead dissolution for contested final hearing until the parties have mediated and reported an impasse.
Fla. Stat. § 44.405 supplies the confidentiality and privilege that make the exercise useful: mediation communications are not admissible and not discoverable, except as that section provides. The economics follow from the law — a case that settles at mediation avoids the discovery, expert, and trial time that drive the § 61.16 fee exposure.
What kinds of alimony can a court award under Fla. Stat. § 61.08?
Since the 2023 amendments, Fla. Stat. § 61.08 recognizes temporary, bridge-the-gap, rehabilitative, and durational alimony, and permanent alimony has been eliminated. The court must find need and ability to pay before awarding anything, and must make written findings on the type awarded and why.
Section § 61.08(8) caps durational alimony by reference to the length of the marriage, which gives Homestead parties a far more predictable range than the pre-2023 law did. Alimony and equitable distribution under § 61.075 interact: an unequal distribution can reduce or eliminate a support claim, and the two are usually negotiated together.
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 Homestead: An Overview
Looking for a Homestead family law attorney? Pazos Law Group represents Homestead families in divorce, child custody, child support, alimony, paternity, and post-judgment modifications. Homestead, in far south Miami-Dade County, is one of the area’s fastest-growing communities — a mix of younger families, agricultural and service-industry households, and military-connected families tied to Homestead Air Reserve Base. Housing tends to be more affordable than the county’s coastal cities, and many couples are first-time homebuyers with young children. Those realities shape Homestead divorces, where child-related issues, support, and the family home are typically front and center. Pazos Law Group serves Homestead residents in English and Spanish.
Why Local Experience Matters in Homestead
Proximity to Homestead Air Reserve Base means some divorces here involve a service member, which adds federal layers — the Servicemembers Civil Relief Act, the division of military pensions, and deployment-aware parenting plans. The firm’s dedicated military divorce page explains those rules in detail. For civilian families, the priorities are usually a workable parenting schedule and a child support number that reflects each parent’s real income under Fla. Stat. § 61.30.
How We Help Homestead Families
Homestead cases frequently turn on children and support rather than complex property. The firm handles parenting plans and time-sharing under § 61.13, child support under § 61.30, paternity and father’s rights under Chapter 742, and both contested and uncontested divorce. For families connected to Homestead Air Reserve Base, our military divorce practice addresses pensions, the SCRA, and deployment-aware schedules. Mediation keeps costs down when parents agree on the essentials.
Where a Homestead Case Is Filed
Homestead sits at the southern end of Miami-Dade, and its divorces are filed in the county’s Eleventh Judicial Circuit. The same statewide rules apply: six months’ Florida residency before filing (§ 61.021) and a 20-day waiting period before a judgment can be entered (§ 61.19).
Specific Considerations for Homestead Divorces
In many Homestead cases, children and support are the core issues rather than complex asset division. Florida’s 2023 reform created a rebuttable presumption of equal 50/50 time-sharing under § 61.13, so both parents typically start from equal footing, and the parenting plan is built around work schedules and schools. Where one spouse is a service member, a military pension earned during the marriage is generally a marital asset subject to equitable distribution under § 61.075, and parenting plans should anticipate deployment and relocation. For unmarried parents — common among younger Homestead families — establishing paternity and a father’s rights under Chapter 742 is the first step to enforceable time-sharing.
Why Homestead Clients Choose Pazos Law Group
Nadia Pazos has practiced since 2005, holds Martindale-Hubbell’s AV Preeminent rating, and works with Homestead families in English and Spanish. For younger and military-connected households, she focuses on practical, child-centered outcomes without running up unnecessary legal fees.
Request a Confidential Consultation in Homestead
Tell us about your situation and Nadia Pazos will follow up personally. Bilingual · Hablamos Español · 305-482-1262.
★★★★★ 4.6 on Google · 50+ reviews · AV Preeminent® (Martindale-Hubbell) · 20+ years · Hablamos Español
Faster, lower-cost options in Homestead: 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 Homestead 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
Where do Homestead residents file for divorce?
Homestead divorces are filed in the Eleventh Judicial Circuit Court for Miami-Dade County. One spouse must have lived in Florida for at least six months before filing, under Fla. Stat. § 61.021.
My spouse is stationed at Homestead Air Reserve Base. Does that change our divorce?
It can. Military divorces involve federal protections like the Servicemembers Civil Relief Act, special rules for dividing a military pension, and deployment-aware parenting plans. See our Florida military divorce page for details, and we can tailor your case accordingly.
How is child support set for a Homestead family?
Florida uses the income-shares model in Fla. Stat. § 61.30, combining both parents' net incomes, the number of children, and overnights. You can estimate your number with our free Florida Child Support Calculator and we can give you a precise figure.
We were never married — what are my rights as the father?
An unmarried father must establish paternity under Chapter 742 before a court will order enforceable time-sharing and parental responsibility. Our father's rights page explains how to start that process.
How much does a divorce cost in Homestead?
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.
Will I lose my house in the divorce?
The marital home is subject to equitable distribution under Fla. Stat. § 61.075. "Equitable" means fair, which is not automatically a 50/50 split. Common outcomes include one spouse buying out the other's share, selling the home and dividing the proceeds, or deferring the sale (often when minor children remain in the home). A home owned before the marriage may be partly or fully non-marital.
Do I need a reason to get divorced in Florida?
No. Florida is a no-fault divorce state (Fla. Stat. § 61.052). You only need to state that the marriage is irretrievably broken; you do not have to prove adultery, abandonment, or any other wrongdoing.
Also Serving Miami-Dade County
Pazos Law Group represents clients throughout Miami-Dade County. Other locations we serve:
- Cutler Bay Divorce Attorney
- Palmetto Bay Divorce Attorney
- Pinecrest Divorce Attorney
- South Miami Divorce Attorney
- Miami Divorce Attorney
- Coral Gables Divorce Attorney
Related Reading for Homestead Families
- Homestead Prenuptial Agreement Attorney
- Florida Military Divorce: Pensions, the SCRA & Parenting
- Florida Child Support Calculator
Speak with a Homestead Family Law Attorney
Pazos Law Group offers confidential consultations for Homestead 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.