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June 12, 2026

How to File for Divorce in Miami-Dade County, Florida (2026 Guide)

Divorce attorneys in Miami-Dade charge $400โ€“$600 per hour. For an uncontested case, that can mean $5,000โ€“$15,000 in fees before you even reach a judge. For couples who agree on the major issues, there is a smarter path โ€” filing pro se, with professionally prepared documents, at a fraction of the cost.

Florida law gives you the right to represent yourself in family court. Miami-Dade courts handle pro se divorces every day, and the Florida Supreme Court publishes approved forms specifically for self-represented filers. This guide explains exactly how to use them.

TL;DR โ€” Miami-Dade Divorce Quick Reference

ItemDetails
Court11th Judicial Circuit โ€” Family Division
ClerkMiami-Dade Clerk of Court, Family Court Division
Clerk address73 W. Flagler St, Miami, FL 33130
Filing fee~$409 (slightly higher with minor children)
Mandatory waiting period20 days after service before final hearing
e-Filing portalmyflcourtaccess.com (mandatory)
Residency requirement6 months in Florida, 3 months in Miami-Dade
Uncontested timeline4โ€“8 weeks typical
Contested timeline6โ€“18 months

Miami-Dade-Specific Filing Information

The Court

Miami-Dade divorces are handled by the 11th Judicial Circuit Court โ€” Family Division. The Clerk of Court's Family Court Division is located at 73 W. Flagler Street, Miami, FL 33130. All paperwork โ€” petitions, financial affidavits, settlement agreements โ€” goes through this office.

e-Filing Is Mandatory

In Miami-Dade, you do not walk to the courthouse and hand paper forms to a clerk. Florida requires all family law documents to be filed electronically through the statewide e-filing portal: myflcourtaccess.com. You'll create a free account, upload your completed forms as PDFs, and submit electronically. The clerk's office will review the filing, assess the fee, and notify you via email.

The filing fee of approximately $409 is paid online through the portal at the time of submission. If your divorce involves minor children, the fee is slightly higher. This fee is paid directly to the clerk โ€” it is not included in any document preparation service.

The 20-Day Waiting Period

Florida law requires a mandatory 20-day waiting period after your spouse is formally served before the court can schedule a final hearing. Even if both of you agree on everything and are ready to move forward immediately, this clock must run. Factor it into your timeline expectations.


Step-by-Step: How to File for Divorce in Miami-Dade

Step 1: Prepare Your Petition

The process starts with the Petition for Dissolution of Marriage โ€” the formal document that tells the court who you are, that the marriage is irretrievably broken, and what you're asking for (division of assets, parenting arrangements, etc.). Florida is a no-fault state โ€” you do not need to prove wrongdoing. "Irretrievably broken" is the only grounds required.

If you have minor children, you will also complete a Parenting Plan and a UCCJEA Affidavit at this stage.

Step 2: Complete the Financial Affidavit

Both spouses must file a Financial Affidavit โ€” one of the most important and most commonly mishandled documents in a Florida divorce. It is a detailed sworn statement of your income, monthly expenses, assets, and debts. There are two versions: short form (12.902(b)) for lower income filers and long form (12.902(c)) for higher income filers. Every number must be accurate โ€” this document is signed under penalty of perjury.

Step 3: File Through myflcourtaccess.com

Upload your completed forms as PDFs to the e-filing portal at myflcourtaccess.com. The system will generate a confirmation and send the filing to the Miami-Dade Clerk. Pay the filing fee online. You'll receive an email confirmation with a case number.

Step 4: Serve Your Spouse

After filing, your spouse must be formally served with a copy of the petition and a summons. In Miami-Dade, this is typically done by the Miami-Dade County Sheriff's Office or a licensed process server. The cost is usually $40โ€“$75.

If your spouse is cooperative, they can sign a Notarized Waiver of Service โ€” this eliminates the need for a process server and is the most common approach in uncontested cases. Either way, proof of service (or the notarized waiver) must be filed with the court before the 20-day clock starts.

Step 5: Mandatory Disclosure

Florida requires both parties in a divorce to exchange certain financial documents โ€” tax returns, pay stubs, bank statements, property records โ€” through a process called mandatory disclosure. In uncontested cases, both spouses typically exchange these documents informally and simultaneously. Ignoring this step will delay your case.

Step 6: Settlement Agreement or Hearing

If you and your spouse have reached a full agreement on all issues, you'll submit a Marital Settlement Agreement โ€” a binding document that spells out how assets and debts are divided, and parenting arrangements if children are involved. The judge reviews the agreement at a final hearing, typically a brief 10โ€“15 minute appearance.

If there are unresolved issues, the court may order mediation before scheduling a contested hearing. Contested cases require significantly more time, paperwork, and often attorney involvement.

Ready to get started? See our Florida divorce document packages โ†’


Uncontested vs. Contested: Which Path Is Yours?

Uncontested divorce โ€” both spouses agree on property division, debt allocation, and (if applicable) parenting and child support. This is where pro se filing is most practical. With prepared documents and a cooperative spouse, you can be done in 4โ€“8 weeks from filing.

Contested divorce โ€” spouses disagree on one or more issues. The court may order mediation. If mediation fails, a judge decides. Contested cases in Miami-Dade regularly take 6โ€“18 months and cost significantly more. If your case is contested, a document preparer can still help with initial paperwork, but you may need legal counsel for the disputed issues.

The majority of divorces that start contested settle before trial. The sooner both parties reach agreement, the faster and cheaper the outcome.


What a Document Preparer Does (and Doesn't Do)

A legal document preparation service like Pro Se Document Preparation is not a law firm. Here's what that means in practice:

What we do:

  • Prepare your Florida Supreme Court-approved divorce forms based on information you provide
  • Ensure forms are complete, consistent, and formatted correctly for Miami-Dade e-filing
  • Prepare the Financial Affidavit, Parenting Plan, Settlement Agreement, and all accompanying documents
  • Provide notarization services for documents requiring notarization
  • Answer procedural questions about the filing process

What we don't do:

  • Give legal advice or tell you what to ask for in your settlement
  • Represent you in court or at hearings
  • Make strategic recommendations about custody or asset division

You file the documents yourself through myflcourtaccess.com. The document preparer handles the paperwork โ€” you handle the filing. This combination gives you professional-quality documents at a fraction of attorney cost.

For a broader look at Florida divorce law, see our guide: How to File for Divorce in Florida Without a Lawyer.


Common Miami-Dade Divorce Forms

All Florida divorce forms are approved by the Florida Supreme Court and available at flcourts.gov. The forms you'll need depend on your situation:

FormWhen Required
Petition for Dissolution of Marriage (12.901(b)(1))All divorces without minor children
Petition for Dissolution of Marriage with Children (12.901(b)(2))Divorces involving minor children
Financial Affidavit - Short Form (12.902(b))Income under $50,000/year
Financial Affidavit - Long Form (12.902(c))Income $50,000/year or more
Parenting Plan (12.995(a))Any divorce involving minor children
UCCJEA Affidavit (12.902(d))Any divorce involving minor children
Marital Settlement Agreement (12.902(f)(1))Uncontested divorce without children
Marital Settlement Agreement with Children (12.902(f)(2))Uncontested divorce with children

Filling out these forms correctly โ€” especially matching information across multiple documents โ€” is where most pro se filers hit problems. One inconsistency between the petition and the settlement agreement can send you back to square one.


How Long Does a Miami-Dade Divorce Take?

Uncontested with full agreement: 4โ€“8 weeks from filing date. This includes the mandatory 20-day waiting period, time for the clerk to process the filing, and scheduling the final hearing. Miami-Dade's court volume means hearing dates can take a few weeks to get.

Uncontested with minor children: Add 2โ€“4 weeks for the Parenting Plan review and any parenting course requirements.

Contested: 6โ€“18 months is typical. Cases involving disputed real estate, business valuations, or contested custody can run longer.


Frequently Asked Questions

What is the residency requirement to file for divorce in Miami-Dade? You or your spouse must have lived in Florida for at least 6 months and in Miami-Dade County for at least 3 months before filing. You'll need to prove this with a Florida driver's license, voter registration card, or a sworn affidavit from a Florida resident who can confirm your residence.

Can I file for divorce without an attorney in Miami-Dade? Yes. Florida law gives every person the right to represent themselves in court. The 11th Judicial Circuit sees pro se filers regularly. As long as your forms are complete and correctly filed, the process works the same as if you had an attorney โ€” you just manage it yourself.

What if my spouse won't sign the papers? If your spouse refuses to participate or can't be located, you can proceed with a default divorce. After proper service (or publication if your spouse cannot be found), if your spouse doesn't respond within 20 days, you can request a default judgment and proceed to a final hearing without their signature. Default divorces take longer but are entirely possible pro se.

How long does the divorce take? For an uncontested case with no children and a signed settlement agreement: typically 4โ€“8 weeks from the date you file. The mandatory 20-day waiting period is included in that window. Contested cases take 6โ€“18 months depending on complexity and court scheduling.

What are the filing fees? The filing fee is approximately $409 for a divorce without minor children, slightly higher with children. This is paid to the Miami-Dade Clerk of Court through the myflcourtaccess.com portal when you submit your petition. If you cannot afford the fee, you may qualify for a fee waiver โ€” ask the clerk about the Application for Determination of Civil Indigent Status.

Do I need to file a Financial Affidavit? In almost every Miami-Dade divorce โ€” yes. The Financial Affidavit is required by Florida Rule of Family Law Procedure 12.285 for any divorce involving asset division, support, or children. The only exception is if both parties agree in writing to waive it and there are no support issues or minor children involved. Even then, waiving it carries risk โ€” if financial issues come up later, having a filed affidavit protects you.


Get Your Miami-Dade Divorce Documents Prepared

Filing for divorce pro se in Miami-Dade is absolutely doable โ€” but correctly prepared documents are what make it work. One missing field, one inconsistency across forms, or an improperly notarized affidavit can delay your case by weeks.

Pro Se Document Preparation handles the paperwork so you can focus on moving forward. We prepare your complete Florida divorce document package โ€” Financial Affidavits, Petition, Settlement Agreement, Parenting Plan if needed โ€” ready for e-filing through myflcourtaccess.com.

View our Florida divorce document packages โ†’

No attorney fees. No guessing at forms. Just professionally prepared Florida court documents, ready when you are.


Disclaimer: Pro Se Document Preparation is not a law firm and does not provide legal advice. We prepare documents based on information you provide. For legal advice, contact the Florida Bar Referral Service at 1-800-342-8011.

Need Florida Court Documents Prepared?

We handle the paperwork โ€” accurately, completely, and ready to file. No attorney fees.