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Miami Divorce Lawyer & Family Law Attorney

Quick Answer

How long does a divorce take in Miami, Florida?

Twenty days is the statutory floor. Fla. Stat. § 61.19 provides that 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; § 61.021 separately requires that “one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Miami spouses who agree on every term typically finish in four to eight weeks. When § 61.075, § 61.08, or § 61.13 issues are genuinely disputed, the same case commonly takes eight to eighteen months in the Eleventh Judicial Circuit.

Pazos Law Group is a Miami divorce and family law firm representing clients throughout Miami-Dade County. Founded by Nadia Pazos — AV Preeminent rated, a Florida family mediator, and fully bilingual — the firm focuses on high-asset divorce, child custody, prenuptial and postnuptial agreements, and mediation.

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At-a-Glance

  • Areas served: All of Miami-Dade County — 14 dedicated neighborhood pages below
  • Court: 11th Judicial Circuit — Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami
  • Languages: English · Español
  • Experience: 20+ years · AV Preeminent (Martindale-Hubbell) · 4.6★ Google (50+ reviews)
  • Office: 7225 Vistalmar Street, Coral Gables, FL 33143

How long does a divorce take in Miami, Florida?

Florida is a no-fault state. Fla. Stat. § 61.052 lets the court dissolve a marriage that is “irretrievably broken,” and § 61.052(2) requires proof that the residency condition in § 61.021 — 6 months in the state before the petition is filed — has been met. Under § 61.19 the judgment cannot be entered until at least 20 days have elapsed from filing, absent a showing that the delay would cause injustice.

In Miami, cases involving international assets, multi-jurisdictional business interests, and luxury real estate take longer than the statutory minimum because valuation under § 61.075(7) and disclosure have to happen first. Agreed cases: about four to eight weeks. Contested cases in the Eleventh Judicial Circuit: usually eight to eighteen months, depending on the judge’s calendar and whether mediation under § 44.102 resolves the case.

How much does a divorce cost in Miami, 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 Miami 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?

Miami cases are filed with the Miami-Dade Clerk of the Court and Comptroller and assigned to the Family Division of the Eleventh Judicial Circuit (11th) at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami, FL 33128. Petitions are submitted through the Florida Courts E-Filing Portal, and the clerk collects the filing fee at that point.

Residency is jurisdictional. Fla. Stat. § 61.021 requires that one of the parties to the marriage reside 6 months in the state before the filing of the petition, and § 61.052(2) requires that fact be corroborated. Venue lies in the county of the parties’ last joint residence or the respondent’s county. Once the case is open, § 61.19 prevents entry of a final judgment for at least 20 days, absent a showing that the delay would cause injustice.

Who can file in Miami under Fla. Stat. § 61.021?

Fla. Stat. § 61.021 conditions everything that follows on one fact: “one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Count backward from the filing date, not from the date of separation. Section § 61.052(2) requires the residence to be corroborated independently. For Miami residents who split time between Florida and another state or country, the safest course is to fix the six-month date first and file after it, because a premature petition can be dismissed and refiled only with a new § 61.19 clock.

How is property divided under Fla. Stat. § 61.075?

The governing text is Fla. Stat. § 61.075(1): the court “must begin with the premise that the distribution should be equal,” unless justification for an unequal distribution is shown. In Miami, where the estate frequently includes international assets, multi-jurisdictional business interests, and luxury real estate, the practical questions are what is marital, what it is worth, and as of when.

Section § 61.075(6)(b) excludes premarital property, gifts, and inheritances. Section § 61.075(6)(a)1.b pulls back in any enhancement in value attributable to marital effort or marital funds. Section § 61.075(7) sets the valuation date, and § 61.076 governs distribution of retirement plans. The Florida Legislature publishes the full section.

How do overnights change the child support number?

They change it substantially past a defined threshold. Fla. Stat. § 61.30(11)(b)8. treats a parent as exercising a “substantial amount of time” when that parent has the child for at least 20 percent of the overnights in the year, which switches the calculation to the gross-up method and can materially reduce the guideline obligation. Twenty percent of a year is 73 overnights. For Miami parents negotiating a § 61.13 parenting plan, the schedule and the support number are the same negotiation.

Is time-sharing presumed equal in Florida since July 1, 2023?

Yes. Florida law changed on 1 July 2023: § 61.13(2)(c)1. now presumes that equal time-sharing is in the best interests of the minor child, and the presumption is rebuttable by a preponderance of the evidence. For Miami parents this reframed the negotiation — equal time is the default the court begins from, and the § 61.13(3) best-interest factors are the evidence used to move away from it. Relocation more than 50 miles away is separately governed by § 61.13001.

How is child support calculated under Fla. Stat. § 61.30?

Fla. Stat. § 61.30 is a mechanical calculation, not a discretionary award. Both parents’ net incomes are determined after statutory deductions, combined, and applied to the schedule in the statute; the resulting basic obligation is split in proportion to each parent’s share of combined net income, with health insurance and work-related child care added. Departures greater than 5 percent require written findings.

Section § 61.30(11)(b)8. supplies the threshold everyone negotiates around: a parent exercising a “substantial amount of time” — at least 20 percent of the annual overnights — triggers the gross-up formula. Since § 61.13(2)(c)1. has presumed equal time-sharing in Miami cases from 1 July 2023, that threshold is now the norm rather than the exception.

Is mediation required before a contested hearing in Miami?

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 Miami 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?

Fla. Stat. § 61.08, as rewritten in 2023, offers a court four options and no more: temporary alimony during the case, bridge-the-gap alimony for identifiable short-term needs, rehabilitative alimony supported by a specific and defined plan, and durational alimony. Permanent alimony was abolished. Before awarding any of them the court must find that one spouse has an actual need and that the other has the ability to pay.

Section § 61.08(8) then limits how long a durational award may run by reference to the length of the marriage, so a Miami spouse can model the outside case rather than guess at it. Because alimony and § 61.075 equitable distribution are decided in the same judgment, the two are almost always negotiated as one package.

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 Miami: An Overview

Looking for a Miami family law attorney? Pazos Law Group represents Miami families in divorce, child custody, child support, alimony, paternity, and post-judgment modifications. Miami is one of the most diverse and economically complex family law markets in the United States. Divorces here often involve international assets, multi-jurisdictional business interests, foreign nationals, luxury real estate, and family wealth held through trust structures. Pazos Law Group represents clients across this spectrum — from straightforward uncontested filings to high-net-worth contested matters with business valuations and forensic accounting.

The 11th Judicial Circuit handles all Miami-Dade County family law matters. Mediation is required in most contested cases before a final hearing can be set, and the 11th Circuit maintains an approved roster of family law mediators with experience in HNW matters.

Practice Areas

Pazos Law Group handles the full range of Florida family law matters that arise in Miami:

Miami Neighborhoods We Serve

Each Miami neighborhood we serve has a dedicated page with court details, FAQs, and neighborhood-specific guidance:

The 11th Judicial Circuit Family Court

All Miami-Dade County family law cases are filed in the 11th Judicial Circuit of Florida — Family Division, located at:

Lawson E. Thomas Courthouse Center
175 NW 1st Avenue, Miami, FL 33128

Cases are assigned to family law judges within the division. Mediation is required in essentially all contested cases under the 11th Circuit’s local rules before a contested final hearing can be set.

Why Choose Pazos Law Group for Your Miami Divorce

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

What Our Clients Say

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“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

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Reviews reflect the experiences of individual clients. Past results do not guarantee a similar outcome.

Frequently Asked Questions

How long does a divorce take in Miami-Dade County?

An uncontested Miami-Dade divorce can be finalized in 30-60 days if both spouses agree on all terms. Contested divorces typically take 8-18 months, depending on complexity, court scheduling, and whether mediation resolves the case. High-asset divorces involving business valuation often run longer.

Where is the family court in Miami?

Miami-Dade family law cases are heard in the 11th Judicial Circuit of Florida at the Lawson E. Thomas Courthouse Center, 175 NW 1st Avenue, Miami. The Family Division handles dissolutions, time-sharing, modifications, and related matters.

Do I need a bilingual divorce attorney in Miami?

Many Miami residents prefer or require bilingual representation. While Florida court proceedings are conducted in English, all communication with your attorney can be in Spanish. Pazos Law Group represents Spanish-speaking clients throughout Miami-Dade. Court interpreters are available for hearings if needed.

What is the Florida residency requirement for Miami divorces?

Florida law requires that one spouse have lived in Florida for at least 6 months before filing under Fla. Stat. § 61.021. Proof typically includes a Florida driver’s license, voter registration, or witness testimony.

What does a Miami divorce cost?

Filing fees in Miami-Dade are approximately $409, plus $40-$75 for service. Attorney fees range from $1,500-$5,000 for uncontested cases to $50,000+ per side for contested divorces involving business valuations or complex assets. See our full Florida divorce cost guide.

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.

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.

Divorce in Miami: The Full Range of Miami-Dade Family Law

Miami is the urban core of Miami-Dade County and the most diverse divorce market in Florida — spanning working families, dual-income professionals, business owners, and high-net-worth households across dozens of neighborhoods. Because the city is so varied, a Miami divorce can turn on almost any issue: condominium and single-family home equity, closely held businesses and professional practices, international assets and dual citizenship, and complex compensation in finance, real estate, and trade. The city’s strongly bilingual population makes Spanish-language handling of financial records and testimony essential in a large share of cases. What every Miami case shares is the same legal framework: equitable distribution under Fla. Stat. § 61.075, alimony under the 2023 reform, and time-sharing under § 61.13. All Miami cases are filed in the 11th Judicial Circuit, the busiest family court in the state, where familiarity with local procedure and mediators is a real advantage.

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The information on this page is for general informational purposes only and does not constitute legal advice. Florida family law is fact-specific. Reading this page does not create an attorney-client relationship with Pazos Law Group.