An uncontested divorce in Miami costs a $750 flat attorney fee at Divorce Law PLLC (court costs of approximately $409 and notary fees are separate). You file in the 11th Judicial Circuit through the Miami-Dade Clerk of Courts. Both spouses must agree on property, debts, time-sharing, child support, and alimony under Florida Statutes Chapter 61.

What Is an Uncontested Divorce in Miami?

An uncontested divorce is a dissolution of marriage where you and your spouse agree on every issue: division of property and debts, time-sharing and parental responsibility for any children, child support, and alimony. Because nothing is left for a judge to decide, the case moves through the 11th Judicial Circuit faster and at lower cost than a contested case.

Florida is a no-fault state under F.S. 61.052. You do not prove adultery, abandonment, or cruelty — the only ground is that the marriage is "irretrievably broken." You do not need your spouse's consent to file, but for a case to remain uncontested, both spouses must ultimately agree on the terms in writing.

Miami residents file in the Eleventh Judicial Circuit Court in and for Miami-Dade County. To file, at least one spouse must have lived in Florida for 6 months before filing, as required by F.S. 61.021. Residency is proven with a Florida driver's license, voter registration, or a corroborating witness.

For a complete statewide overview, see our Uncontested Divorce in Florida: $750 Flat-Fee Guide.

How Much Does an Uncontested Divorce Cost in Miami?

The total cost of an uncontested divorce in Miami has two parts: the attorney fee and the court costs. At Divorce Law PLLC, our flat attorney fee is $750 — the same price in Miami-Dade and in all 67 Florida counties. Court costs are separate and paid directly to the clerk.

The Miami-Dade Clerk of Courts charges a filing fee of approximately $409 to open a Petition for Dissolution of Marriage. Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with the Miami-Dade Clerk of Courts.

Here is how the typical out-of-pocket costs break down:

Cost ItemTypical AmountPaid To
Flat attorney fee (Divorce Law PLLC)$750Our firm
Court filing fee (Petition for Dissolution)~$409Miami-Dade Clerk of Courts
Service of process (if spouse served)$40-$70Sheriff or private process server
Notary feesVariesLocal notary
Certified copies of Final JudgmentSmall per-copy feeMiami-Dade Clerk of Courts

If you cannot afford the filing fee, you may apply for indigent status using an Application for Determination of Civil Indigent Status; the court may waive or defer fees. For a deeper cost comparison, read our Uncontested Divorce Cost in Florida guide.

Simplified vs. Regular Uncontested Divorce in Miami

Florida offers two uncontested paths, and choosing the right one matters. Both are available through the Miami-Dade Clerk of Courts, but they have very different requirements.

A simplified dissolution under F.S. 61.052(2) uses Form 12.901(a) (Petition for Simplified Dissolution of Marriage). It is the fastest route, but it has strict conditions and waives important rights.

A regular uncontested dissolution uses Form 12.901(b)(1) (no dependent or minor children) or Form 12.901(b)(2) (with children), and is resolved through a written Marital Settlement Agreement and, if you have children, a Parenting Plan.

FeatureSimplified DissolutionRegular Uncontested Dissolution
Governing lawF.S. 61.052(2)F.S. 61.052
Petition formForm 12.901(a)Form 12.901(b)(1) or 12.901(b)(2)
Minor/dependent childrenNot allowedAllowed
Alimony soughtNeither spousePermitted
Both spouses appear at final hearingRequiredNot always required
Right to financial disclosureWaivedPreserved (unless waived)
Right to trial/appealWaivedPreserved

In Miami-Dade, simplified divorce petitions require both parties to appear together, in person, at the Lawson E. Thomas Courthouse Center, each presenting valid Florida photo identification. If you have minor children, want alimony, or one spouse cannot appear in person, you use the regular uncontested path instead.

What Forms and Documents Do You Need?

Florida uses standardized family law forms available at flcourts.gov. The exact forms depend on your situation, but most Miami uncontested cases involve the following:

  • Petition for Dissolution of Marriage: Form 12.901(a) for simplified, or Form 12.901(b)(1)/(b)(2) for regular uncontested cases.
  • Marital Settlement Agreement (MSA): the centerpiece of most uncontested cases. The simplified version is Form 12.902(f)(3). The MSA must cover property, debts, time-sharing, child support, and alimony.
  • Family Law Financial Affidavit: Form 12.902(b) (short form, under $50,000 gross annual income) or Form 12.902(c) (long form). Generally due within 45 days.
  • Notice of Joint Verified Waiver of Filing Financial Affidavits: Form 12.902(k), under Florida Family Law Rule 12.285, if both spouses agree to waive filing financial affidavits.
  • Parenting Plan: required when minor children are involved, under F.S. 61.13.
  • Final Judgment of Dissolution of Marriage: the order the judge signs to end the marriage.

Our firm prepares and reviews each of these documents so the MSA and Parenting Plan are complete and consistent before filing. As a licensed Florida law firm, we can answer your legal questions and catch substantive errors — something non-lawyer document-preparation services are not permitted to do.

How Do You File for an Uncontested Divorce in Miami?

The Miami-Dade filing process follows the same steps as the rest of Florida, with local filing through the Eleventh Judicial Circuit. Here is the typical sequence:

Confirm residency: At least one spouse must meet the 6-month Florida residency requirement under F.S. 61.021.
Prepare your documents: The petition, Marital Settlement Agreement, financial affidavits (or the joint waiver), and a Parenting Plan if you have children.
File with the clerk: File electronically through the Florida Courts E-Filing Portal at myflcourtaccess.com, which routes your case to the Miami-Dade Clerk of Courts. Pay the ~$409 filing fee.
Serve your spouse (if needed): In a joint or fully cooperative filing, your spouse may sign an Answer and Waiver instead of being formally served.
Complete mandatory disclosure: Exchange financial affidavits within 45 days, unless waived by Form 12.902(k).
Attend the final hearing: The 11th Circuit typically holds a brief final hearing for uncontested cases. In a simplified dissolution, both spouses must appear; in a regular uncontested case, often only the filing spouse needs to attend.
Receive the Final Judgment: The judge signs the Final Judgment of Dissolution of Marriage, legally ending the marriage.

Florida has no mandatory waiting period after filing (0 days), though the court controls scheduling, so the overall timeline depends on the 11th Circuit's docket. For typical ranges, see How Long Does an Uncontested Divorce Take in Florida?.

Miami-Dade also offers family law self-help resources through the Clerk of Courts and the Eleventh Circuit's self-help programs for residents handling parts of their case on their own.

Property, Time-Sharing, and Alimony in a Miami Uncontested Divorce

Even in an uncontested case, your Marital Settlement Agreement must address the substantive issues Florida law governs, so the terms hold up and the judge approves them.

Property and debts are divided under equitable distribution (F.S. 61.075), which means a fair division — not automatically 50/50, though equal division is the starting presumption. In an uncontested case, you and your spouse decide the split yourselves and write it into the MSA. Florida is not a community property state.

Time-sharing and parental responsibility are governed by F.S. 61.13. Florida uses "time-sharing" rather than "custody" and "parental responsibility" rather than "legal custody." Effective July 1, 2023, there is a presumption that equal time-sharing is in the best interest of the child, though parents in an uncontested case can agree to a different schedule in their Parenting Plan. Child support follows the guidelines in F.S. 61.30.

Alimony is authorized under F.S. 61.08. After SB 1416 took effect July 1, 2023, permanent alimony was eliminated. The remaining forms are bridge-the-gap (maximum 2 years), rehabilitative (maximum 5 years), and durational (capped by the length of the marriage). In an uncontested divorce, spouses frequently agree to waive alimony entirely in the MSA. Learn more in our Florida Alimony After SB 1416 guide.

Why Hire a Licensed Florida Attorney for an Uncontested Divorce?

An uncontested flat-fee divorce is a strong fit when both spouses genuinely agree and the financial picture is straightforward. It is the wrong fit when there are hidden assets, a dispute over time-sharing, a business to value, or one spouse who will not cooperate — those cases are contested and require a different approach.

With Divorce Law PLLC, an actual licensed Florida attorney prepares and reviews your documents, confirms the MSA and Parenting Plan are complete, and answers your legal questions. Non-lawyer typing or form services can fill in blanks but cannot give legal advice or flag a substantive problem that could get your case bounced at the final hearing.

Our flat fee is $750 statewide, with court costs disclosed up front — transparent pricing with no hourly surprises. If your situation turns out to be contested, we will tell you honestly and explain your options rather than force a flat fee onto a case that does not fit.

Frequently Asked Questions About Uncontested Divorce in Miami

See the FAQ section below for detailed answers about cost, forms, timelines, and the Miami-Dade filing process.

Disclaimer

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. Divorce Law PLLC can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.

Related Topics

floridauncontested-divorceuncontestedLocalflat-fee-divorce

Ready to Take Action?

Based on what you're reading, these services may help:

Uncontested Divorce

$750

Full representation to judgment — with or without minor children

Document Review

$149

Attorney review with written feedback

All services include attorney review. Court filing fees not included.

Not sure which service you need?

Victoria AI can assess your situation and recommend the right option.

Ask Victoria

About the Author

Antonio G. Jimenez, Esq.

Florida Bar #21022 · Practicing Since 2006 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

Have questions? Ask Victoria AI

Frequently Asked Questions

How much does an uncontested divorce cost in Miami?

At Divorce Law PLLC, an uncontested divorce in Miami costs a $750 flat attorney fee — the same price statewide in all 67 Florida counties. Court costs are separate: the Miami-Dade Clerk of Courts charges approximately $409 to file the Petition for Dissolution of Marriage, and notary fees are also separate. Additional costs may include service of process ($40-$70) if your spouse must be served, and small fees for certified copies of the Final Judgment. Court filing fees are set by the county clerk; as of June 2026, verify the current amount with the Miami-Dade Clerk of Courts. If you cannot afford the filing fee, you may apply for indigent status, and the court may waive or defer it.

What does the $750 flat fee include, and what is separate?

The $750 flat attorney fee covers our firm preparing and reviewing your uncontested divorce documents — the petition, Marital Settlement Agreement, financial affidavits or joint waiver, and Parenting Plan if you have children. Separate from that fee are the court costs you pay directly to the clerk: the Miami-Dade filing fee of approximately $409 (court costs ~$408-$410 and notary are separate), notary fees, any service-of-process charges, and certified copies. We disclose these court costs up front so there are no surprises. The flat fee applies only to genuinely uncontested cases where both spouses agree on all issues. If your case is contested, the flat fee does not apply, and we will explain your options.

What is the difference between simplified and regular uncontested divorce in Florida?

A simplified dissolution under F.S. 61.052(2) (Form 12.901(a)) is the fastest path but requires no minor or dependent children, neither spouse seeking alimony, agreement on property and debt division, and both spouses appearing together at the final hearing. It also waives your right to financial disclosure from your spouse and your right to trial. A regular uncontested dissolution (Form 12.901(b)(1) or 12.901(b)(2)) is used when you have children, want alimony, or one spouse cannot appear in person. It is resolved through a written Marital Settlement Agreement and, if children are involved, a Parenting Plan. Many Miami families use the regular path because it preserves more rights while still being fully uncontested.

Where do I file for an uncontested divorce in Miami-Dade County?

You file in the Eleventh Judicial Circuit Court in and for Miami-Dade County through the Miami-Dade Clerk of Courts. Most filings are submitted electronically through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com, which routes your documents to the clerk. Simplified dissolution petitions in Miami-Dade require both spouses to appear together, in person, at the Lawson E. Thomas Courthouse Center, each presenting valid Florida photo identification. The clerk charges approximately $409 to open the case. To file in the 11th Circuit, at least one spouse must have lived in Florida for 6 months before filing, as required by F.S. 61.021.

How long does an uncontested divorce take in Miami?

Florida has no mandatory waiting period after filing (0 days), so uncontested cases can move relatively quickly. The actual timeline depends on how fast your documents are prepared, whether your spouse cooperates, and the 11th Judicial Circuit's docket — the court controls scheduling. A well-prepared uncontested case with a complete Marital Settlement Agreement typically moves faster than a contested one. The 11th Circuit usually holds a brief final hearing for uncontested cases, where the judge reviews your agreement and signs the Final Judgment. For typical ranges and what can speed up or slow down your case, see our guide on how long an uncontested divorce takes in Florida. We cannot guarantee a specific date because the court sets the hearing.

Do both spouses have to agree for an uncontested divorce in Miami?

Yes. For a case to remain uncontested, both spouses must agree on every issue: division of property and debts, time-sharing and parental responsibility, child support, and alimony. Florida is a no-fault state under F.S. 61.052, so you do not need your spouse's consent to file for divorce — but if your spouse disputes the terms, the case becomes contested and the flat fee does not apply. The agreement is documented in a written Marital Settlement Agreement (and a Parenting Plan if you have children). If you and your spouse are close to agreement but stuck on one or two points, mediation can help; see our Florida divorce mediation guide for details on resolving disputes amicably.

What is a Marital Settlement Agreement and what must it cover?

A Marital Settlement Agreement (MSA) is the written contract that records everything you and your spouse have agreed to, and it is the centerpiece of most uncontested divorces. For a simplified dissolution, the standard form is Form 12.902(f)(3). The MSA must address all marital issues: how you divide property and debts under equitable distribution (F.S. 61.075), time-sharing and parental responsibility under F.S. 61.13, child support under the F.S. 61.30 guidelines, and alimony under F.S. 61.08 (which spouses may agree to waive). A complete, internally consistent MSA is critical — gaps or contradictions can cause the judge to reject it at the final hearing. Our firm prepares and reviews the MSA so it is ready for court.

Do we have to file financial affidavits in a Miami uncontested divorce?

Generally, yes — Florida's mandatory disclosure rules require each spouse to file a Family Law Financial Affidavit within 45 days. You use Form 12.902(b) (short form) if your gross annual income is under $50,000, or Form 12.902(c) (long form) if it is higher. However, in a regular uncontested case, both spouses may agree to waive filing the financial affidavits by filing Form 12.902(k) (Notice of Joint Verified Waiver of Filing Financial Affidavits), authorized under Florida Family Law Rule 12.285. A simplified dissolution does not require financial affidavits at all. We help you determine which path and forms fit your situation so your disclosure obligations are handled correctly.

Can I get an uncontested divorce in Miami if we have children?

Yes, but you cannot use the simplified dissolution path if you have minor or dependent children. Instead, you use the regular uncontested route with Form 12.901(b)(2) (Petition for Dissolution of Marriage with Dependent or Minor Children). You and your spouse must agree on a Parenting Plan under F.S. 61.13 that sets out the time-sharing schedule and how you will share parental responsibility for decisions about education, healthcare, and activities. Child support is calculated under the F.S. 61.30 guidelines. Effective July 1, 2023, Florida presumes equal time-sharing is in the child's best interest, though parents can agree to a different schedule. For more, see our Child Custody in Florida guide on time-sharing and parenting plans.

Why hire an attorney instead of using an online form service?

Non-lawyer document-preparation and typing services can fill in blanks, but they are not permitted to give legal advice, explain your rights, or catch a substantive error that could get your case rejected at the final hearing. With Divorce Law PLLC, a licensed Florida attorney prepares and reviews your documents, confirms your Marital Settlement Agreement and Parenting Plan are complete, and answers your legal questions — all for a flat $750 fee (court costs separate). This is not about saying you cannot represent yourself; it is about the value of attorney-prepared work at a transparent, flat price. If your case turns out to be too complex or contested, we will tell you honestly rather than push a flat fee onto a case that does not fit.

Still Have Questions?

Every situation is different. Chat with Victoria AI to get personalized guidance based on your specific circumstances.

Ask Victoria AI