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Pazos Law Group South Florida Divorce & Family Law

Kendall Divorce Lawyer & Family Law Attorney

By Nadia Pazos, AV Preeminent Family Law Attorney · Serving Kendall from Coral Gables

Quick Answer

How long does a divorce take in Kendall, Florida?

Florida law fixes the floor, not the ceiling. Under Fla. Stat. § 61.19 no final judgment of dissolution may be entered until at least 20 days have elapsed from the filing of the original petition, absent a showing of injustice, and § 61.021 requires that “one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” A fully uncontested Kendall case is commonly finalized within roughly four to eight weeks of filing. Contested cases in the Eleventh Judicial Circuit usually run several months to more than a year, because equitable distribution under § 61.075, alimony under § 61.08, and time-sharing under § 61.13 each have to be settled or tried.

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How long does a divorce take in Kendall, Florida?

Twenty days, minimum. Fla. Stat. § 61.19 states that no final judgment of dissolution may be entered until at least 20 days have elapsed from the filing of the original petition, and the court may shorten that only on a showing of injustice. The 6-month residency condition in § 61.021 must already be satisfied on the filing date.

A Kendall dissolution in which both spouses sign a settlement agreement generally reaches final judgment four to eight weeks after filing. Add a disputed § 61.08 claim, a § 61.13 parenting plan, or suburban single-family homes in an unincorporated area with no separate municipal court that has to be appraised, and the realistic window in the Eleventh Judicial Circuit widens to eight to eighteen months.

How much does a divorce cost in Kendall, 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.

Attorney’s fees are the larger number and they vary by complexity. As illustrative flat-fee ranges, an uncontested case with no minor children commonly runs $1,000–$2,500 and an uncontested case with minor children $1,500–$3,500. Contested Kendall matters are normally handled on an initial retainer in the $5,000–$15,000 range drawn down against hourly billing; unused retainer is refundable. Where suburban single-family homes in an unincorporated area with no separate municipal court are involved, appraisal and forensic accounting costs sit on top of that.

Fla. Stat. § 61.16 lets the court order one spouse to pay the other’s fees and suit money after considering need and ability to pay, together with the broader factors the Florida Supreme Court identified in Rosen v. Rosen. A fee award under § 61.16 is discretionary, not automatic.

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

Kendall 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 Kendall 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 Kendall 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 Kendall case that premise runs into suburban single-family homes in an unincorporated area with no separate municipal court, 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 my spouse share in the appreciation of my premarital home?

Sometimes. In Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010), the Florida Supreme Court held that passive, market-driven appreciation of a nonmarital home can be subject to equitable distribution where marital funds paid down the mortgage and the parties contributed to the property during the marriage. That is separate from § 61.075(6)(a)1.b, which captures enhancement produced by marital labor or marital funds. In Kendall, where a spouse often brings a home into the marriage, Kaaa is frequently the difference between a nonmarital asset and a shared one.

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 Kendall 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?

By formula, not by discretion. Fla. Stat. § 61.30 sets Florida’s child support guidelines: the parents’ combined net incomes are applied to the statutory schedule, the resulting obligation is apportioned between them, and health insurance and child care are added. The court may deviate, but a deviation of more than 5 percent from the guideline amount has to be explained in writing.

Overnights matter. Section § 61.30(11)(b)8. defines exercising a “substantial amount of time” as having the child at least 20 percent of the overnights — 73 nights a year — which triggers the gross-up calculation and can change the number materially. That is why Kendall parents negotiate the § 61.13 parenting plan and the support figure at the same table.

Is mediation required before a contested hearing in Kendall?

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 Kendall 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?

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 Kendall 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 suburban single-family homes in an unincorporated area with no separate municipal court 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 Kendall: An Overview

Looking for a Kendall family law attorney? Pazos Law Group represents Kendall families in divorce, child custody, child support, alimony, paternity, and post-judgment modifications. Kendall is one of the largest residential communities in Miami-Dade County — a sprawling, family-oriented suburb of single-family homes, townhomes, and gated communities stretching across the southwest part of the county. Its households are heavily made up of dual-income professionals, small-business owners, and established families, which shapes the kinds of divorces that arise here: disputes over the marital home, retirement and professional income, and parenting plans built around well-regarded local schools. Pazos Law Group represents Kendall residents from its nearby Coral Gables office, in English and Spanish.

Why Local Experience Matters in Kendall

A Kendall divorce is filed and heard in the same Eleventh Judicial Circuit as the rest of Miami-Dade, but local knowledge still matters. Many Kendall families own a home that has appreciated significantly, hold equity in a closely held business, or have substantial retirement accounts — assets that must be characterized as marital or non-marital and valued correctly under Fla. Stat. § 61.075. An attorney who routinely handles Miami-Dade cases understands how the local Family Division manages scheduling, mediation referrals, and parenting-plan expectations.

How We Help Kendall Families

Most Kendall matters that come to the firm center on a home, a closely held business, or a parenting schedule built around the area’s schools. We handle contested and uncontested divorce, high-net-worth cases involving business and real-estate valuation under § 61.075, time-sharing and parenting plans under the 2023 equal-time-sharing presumption (§ 61.13), child support under the § 61.30 guidelines, and alimony under the post-2023 framework. When spouses can cooperate, mediation often resolves everything privately and at a fraction of trial cost.

Where a Kendall Case Is Filed

Because Kendall is unincorporated, there is no separate “Kendall court” — cases are filed in the Eleventh Judicial Circuit’s Family Division for Miami-Dade County. Florida’s six-month residency rule (§ 61.021) and the mandatory 20-day waiting period after filing (§ 61.19) apply to every Kendall dissolution.

Specific Considerations for Kendall Divorces

Because Kendall is so residential, the marital home is frequently the central asset. Under equitable distribution, the court starts from a presumption of a roughly equal split of marital property, but who keeps the home, whether it is sold, and how the equity and mortgage are handled are all negotiable — and often tied to the parenting schedule so children can stay in their school zone. For self-employed and professional spouses, accurately establishing income is essential to both child support under § 61.30 and any alimony determination under § 61.08. Many Kendall couples with cooperative goals are good candidates for mediation or an uncontested divorce when the major issues can be resolved by agreement.

Why Kendall Clients Choose Pazos Law Group

The firm is led by Nadia Pazos, AV Preeminent rated and a Florida family mediator. Kendall families value a bilingual attorney who can move a cooperative case efficiently through mediation, yet is fully prepared to litigate when a home, business, or custody fight demands it.

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Faster, lower-cost options in Kendall: 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 Kendall families.

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Frequently Asked Questions

Do I have to file for divorce in Kendall, or somewhere else?

Kendall is an unincorporated community, so divorces are filed in the Eleventh Judicial Circuit Court for Miami-Dade County, which serves all Kendall residents. At least one spouse must have lived in Florida for six months before filing under Fla. Stat. § 61.021.

How is our Kendall home divided in a divorce?

The marital home is part of equitable distribution under Fla. Stat. § 61.075. The court starts from a presumption of an equal division of marital assets. Spouses can agree to sell and split the equity, or one spouse can keep the home and offset its value against other assets — often coordinated with the parenting plan.

How long will a divorce take in Kendall?

Florida requires a minimum 20-day waiting period after filing under § 61.19. An uncontested Kendall divorce often finishes in about 60–90 days, while a contested case involving a business, real estate, or custody disputes can take 6–18 months.

Do you offer services in Spanish for Kendall families?

Yes. Pazos Law Group represents clients in both English and Spanish (en inglés y en español), which is frequently helpful for Kendall's diverse, bilingual community.

How much does a divorce cost in Kendall?

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.

Who gets custody of the children in Florida?

Florida uses the terms "time-sharing" and "parental responsibility" rather than "custody." Courts decide based on the best interests of the child under Fla. Stat. § 61.13. Since 2023, Florida law applies a rebuttable presumption that equal (50/50) time-sharing is in the best interest of the child, which a parent can overcome with evidence.

How is alimony decided in Florida?

Alimony is based on one spouse's need and the other spouse's ability to pay, under Fla. Stat. § 61.08. Florida's 2023 alimony reform (SB 1416) eliminated permanent alimony and established standards for durational alimony tied to the length of the marriage.

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The 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.