How Do I File for Divorce in Miami-Dade County?

Miami-Dade County Courthouse

Where to File for Divorce in Miami-Dade County, Florida?

If you’re filing for divorce in Miami-Dade County, your case will go through the Eleventh Judicial Circuit Court of Florida, Family Division. This court handles all family law matters, including divorce, child custody, and support. Below is the main courthouse where divorce filings are accepted:

📍 Miami-Dade County Courthouse – Family Division
Address: 175 NW 1st Avenue, Suite 1503, Miami, FL 33128
Phone: (305) 349-5561
Business Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Where to File: File your divorce petition with the Family Division Clerk’s Office located in Suite 1503 of the Lawson E. Thomas Courthouse Center.

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The Requirements for Divorce in Miami-Dade County

DivorceCanBeSimple.com knows how confusing divorce can be in Miami-Dade County. That’s why we created a simple guide to explain the rules. To file for divorce, you must meet Florida’s residency requirements under Florida Statutes § 61.021. At least one spouse must have lived in Florida for six months before filing. Once this is met, you can submit your divorce petition to the Miami-Dade County court.

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Filing for an Uncontested Divorce in Miami-Dade County

If your divorce is uncontested in Miami-Dade County, you can complete the process faster since both spouses agree on all terms. To file for uncontested divorce in Miami-Dade County, you need to:

  1. Find out which forms you need for your divorce and read the local court rules.
  2. Fill out your first forms, including the Petition for Dissolution of Marriage, and give them to the court clerk.
  3. Pay the filing fee, unless you asked for a fee waiver. Make sure the clerk stamps your copies.
  4. Give your spouse copies of the papers. They must return either an Answer or a Waiver of Service.
  5. Wait 20 days after you file your Petition. This is required by law.
  6. While waiting, fill out the other forms needed to finish the divorce.
  7. Give your spouse the Final Judgment to read and sign if they agree with everything.
  8. Make an appointment for the final hearing with the court clerk after the waiting period.
  9. Go to the hearing with all forms ready and answer the judge’s questions.
  10. After the hearing, give the signed Final Judgment and any other orders to the clerk. Get a certified copy for your records.

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Required Divorce Forms in Miami-Dade County

Before starting your divorce, it helps to know which forms you might need. In Miami-Dade County, common forms for an uncontested divorce include:

1. Petition for Dissolution of Marriage (Form 12.901(a))

  • Why: This starts your divorce case. It tells the court what you want, like property division or child custody.
  • What to do: Fill it out and file it with the court clerk. Keep a stamped copy for yourself.

2. Summons (Form 12.910(a))

  • Why: Lets your spouse know a divorce case has started and they have a chance to respond.
  • What to do: The clerk usually gives you a stamped copy. Serve it to your spouse, either in person or by certified mail.

3. Marital Settlement Agreement

  • Why: Shows that you and your spouse agree on things like property, money, or support.
  • What to do: Work with your spouse to write it. Both sign it, and file it with the court.

4. Financial Affidavit (Form 12.902(b) or 12.902(c))

  • Why: Lists all your income, expenses, debts, and property. The court needs it to make fair decisions.
  • What to do: Fill out honestly, sign it, and file it. Keep a copy for your records.

5. Notice of Social Security Number (Form 12.902(f))

  • Why: The court needs your Social Security number for official records.
  • What to do: Fill it out and file it with the clerk along with other forms.

6. Parenting Plan

  • Why: Explains how parents will share time and decisions for children if you have kids.
  • What to do: Fill it out with your spouse if you agree. File it with the court.

7. Final Judgment of Dissolution of Marriage

  • Why: This is the official paper that ends your marriage.
  • What to do: After all forms are approved and signed, submit it to the clerk. Get a certified copy for your records.

Some forms may not apply to your case, and you may need extra documents. Fill out the DivorceCanBeSimple questionnaire, and you’ll get all the papers you need to file for an uncontested divorce in Miami-Dade County.

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Miami-Dade County Divorce Filing Fees

In Miami-Dade County, Florida, the filing fee for a divorce petition is $409.

If you cannot afford this fee, you may apply for a fee waiver by completing the “Application for Determination of Civil Indigent Status.” This form assesses your financial situation to determine if you qualify for indigent status. If approved, you may be eligible for a waiver or reduction of court fees.

Additionally, if you qualify for Civil Indigence, you must enroll in the Clerk’s Office payment plan and pay a one-time administrative fee of $25. This fee is waived for Dependency or Chapter 39 Termination of Parental Rights actions.

For more information or to download the necessary forms, visit the Miami-Dade Clerk of Courts official website at miamidadeclerk.gov.


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