Miami Divorce Attorneys

How to File for Divorce in Miami-Dade County

Filing for a divorce, legally called a dissolution of marriage, in Miami-Dade County requires compliance with Florida residency rules and family-court procedures. We assist with preparing the initial pleadings, evaluating the legal position, and identifying immediate concerns involving property, support, children, or temporary relief.

Some important considerations when initiating a divorce include:

• Residency requirement. At least one spouse must have maintained residency in Florida for a minimum of six months before filing the petition.
• Legal grounds. Florida generally permits dissolution when the marriage is irretrievably broken. Mental incapacity of one spouse for at least three years may provide another statutory basis under specific circumstances.
• Filing the petition. The legal process formally begins by filing a Petition for Dissolution of Marriage in the appropriate circuit court. This document presents the filing spouse’s initial requests and legal position.
• Service of process. Once filed, the petition must generally be formally served on the other spouse. The responding party usually has 20 days after service to file an answer, although case-specific rules or court orders may affect the required response.
• Financial preparation. Early document collection may cover income, expenses, real estate, investments, retirement accounts, debts, business interests, and other relevant holdings.

In a substantial marital estate, filing strategy may require early attention to asset classification, financial disclosure, business valuation, and access to funds. We can coordinate with accountants, wealth managers, corporate attorneys, psychologists, and other qualified professionals when financial, family, and parenting issues require interdisciplinary analysis.

We handle military divorces, divorce mediation, same-sex divorces, and high-net-worth divorces.

What Is the Difference Between a Contested & Uncontested Divorce?

There are two primary paths to divorce: contested and uncontested. A contested divorce involves disagreement over one or more issues related to the divorce, such as child custody, child support, or property division. Contested cases may require court intervention and demand rigorous preparation.

An uncontested divorce occurs when both spouses agree on all material terms before final judgment, including property division, debt allocation, time-sharing schedules, and alimony.

Whether you’re facing an amicable separation or a combative spouse, our attorneys adapt to your unique circumstances. We can pursue negotiated terms or family-law mediation without losing sight of legal sufficiency, tax and financial consequences, enforceability, or long-term effects. We remain trial-ready if the parties can’t resolve every material issue.

The Florida Divorce Process from Filing to Final Judgment

A Florida divorce may move through filing, service, responsive pleadings, financial disclosure, discovery, temporary matters, mediation, settlement discussions, and trial. The required stages depend on the disputed issues, the parties’ circumstances, and court orders.

Initial Filing & Response

A divorce begins when one spouse files the petition. We assist with preparing the necessary documentation and identifying important considerations from the outset. Once served, the responding spouse can file an answer and may also submit a counterpetition.

Financial Disclosure & Discovery

Both parties exchange required financial information, and additional discovery may be used to examine disputed facts. We work closely with clients to organize documentation and address concerns involving income, hidden assets, private corporate records, complex financial holdings, real estate, investments, or debts.

Parenting Issues

Cases involving minor children may require decisions about parental responsibility, time-sharing, communication, education, healthcare, holidays, travel, and exchanges. Florida generally requires parents to complete a Parent Education and Family Stabilization Course before entry of the final judgment, subject to statutory exceptions.

Negotiation & Mediation

Many cases proceed through mediation before trial, but the applicable requirement and procedure depend on the court, existing orders, the issues in dispute, and circumstances such as domestic violence. A mediator facilitates discussion but doesn’t impose a decision. Christy L. Hertz is certified in mediation and has practiced since 1993, giving our clients informed guidance when evaluating settlement proposals.

Trial & Final Judgment

If an agreement can’t be reached, the divorce may proceed to trial. We prepare evidence and advocate before the court on unresolved financial, support, and parenting matters.

The process concludes with the court entering a Final Judgment of Dissolution of Marriage. The judgment formally ends the marriage and incorporates settled terms or the court’s rulings on remaining issues.