File With Clarity.
Not Confusion.
Florida divorce law runs on statute, not guesswork — a six-month residency rule, equitable distribution, new alimony limits, and time-sharing instead of "custody." A Miami-Dade divorce attorney can tell you exactly where you stand before you file anything. Get a confidential case review, free.
How Florida Actually Decides This
No Fault.
Just Facts.
Florida doesn't ask who's to blame. Under Florida Statute 61.052, a marriage that's "irretrievably broken" is grounds enough — no proof of wrongdoing required. What actually shapes your outcome is asset division, alimony, and time-sharing, each governed by its own statute.
Fla. Stat. §61.021 requires at least one spouse to have lived in Florida for six months before the petition is filed — typically proven with a Florida driver's license, voter registration, or testimony.
Fla. Stat. §61.075 starts from a premise of equal division of marital assets and debts, then adjusts based on factors like the length of the marriage and each spouse's contributions.
Since Senate Bill 1416 took effect on July 1, 2023, permanent alimony is gone. Courts now award bridge-the-gap, rehabilitative, or durational alimony instead, each with its own limits.
"Florida divorce law isn't about who did what. It's about where the assets go, who the kids see, and for how long support runs."
Cases We Connect You On
Every Divorce
Has a Sticking Point.
Some Miami-Dade divorces settle in weeks. Others turn on one specific issue. Here's where a lawyer usually earns their keep.
High-Asset & Business Divorce
Equity, real estate holdings, and business valuations make equitable distribution far more complicated than a simple split — and far more worth getting a specialist involved.
Contested Time-Sharing
Florida starts from a presumption that equal time-sharing serves a child's best interest under §61.13(2)(c)1 — but that presumption can be challenged, by either side.
Alimony Under the New Rules
Bridge-the-gap, rehabilitative, and durational alimony each work differently post-SB 1416. Getting the right type — and the right amount — usually isn't obvious from reading the statute alone.
The Marital Home & Real Estate
Who keeps the house, who refinances it, and how a Brickell condo or a Kendall home factors into the overall split are some of the most contested line items in a Miami divorce.
Child Support Adjustments
A job change, a move, or a new household can justify revisiting an existing order under Florida's child support guidelines in §61.30.
Uncontested & Amicable Divorce
If you and your spouse already agree on the major terms, a lower-conflict, lower-cost process is usually available — and usually faster.
A Quick Gut Check
Signs It's Time
to Talk to Someone.
You don't need everything figured out before reaching out. These are the situations that usually mean a conversation is overdue.
You've already been served with papers
Real deadlines start running the moment a petition is filed — waiting costs you time you may not have.
A business or major asset is part of the marriage
Valuation and division get complicated fast once a business, practice, or investment portfolio is involved.
You have kids and no parenting plan yet
Time-sharing and parental responsibility need to be worked out — ideally before things turn adversarial.
You and your spouse mostly agree
An amicable split can move faster and cost less, but the paperwork still has to hold up.
You're not sure what happens to the house
Whether to sell, refinance, or buy out your spouse's share is rarely a simple call to make alone.
An existing order isn't being followed
Missed support payments or ignored time-sharing terms can be enforced — or modified — through the court.
What Actually Happens
From First Call
to Final Judgment.
Florida's process has real structure to it. Here's the shape it usually takes in Miami-Dade.
Case Assessment
A connected attorney reviews your situation — assets, kids, timeline — and tells you what to expect before anything gets filed.
Filing & Disclosure
The petition gets filed, and both spouses exchange mandatory financial disclosure under Florida Family Law Rule of Procedure 12.285, typically within 45 days.
Negotiation or Mediation
Miami-Dade County requires mediation in most contested family cases before a trial gets scheduled — often where the real terms actually get worked out.
Final Judgment
Florida law requires at least a 20-day wait after filing before a final judgment can be entered, under §61.19 — contested cases typically take considerably longer.
Clients We've Helped
In Their Words
"I went in not knowing what to expect. Having someone explain the actual statute, not just guesses, changed how I approached the whole thing."
"We kept things civil the entire time. Having a lawyer handle the paperwork meant we didn't have to negotiate everything ourselves."
"The mediation process moved faster than I expected. Knowing the child support guidelines going in took a lot of the guesswork out."
Common Questions
What You Need to Know
Yes. Under Florida Statute 61.052, a court can dissolve a marriage on a finding that it's irretrievably broken — no proof of wrongdoing like adultery or abandonment is required. The only other ground is a spouse's mental incapacity, which requires that spouse to have been legally adjudicated incapacitated for at least three years. A connected Miami-Dade attorney can walk through what this means for your filing.
Florida Statute 61.021 requires at least one spouse to have resided in the state for six months immediately before the petition is filed — typically proven with a Florida driver's license, voter registration card, or corroborating testimony. It applies no matter where the marriage itself took place.
Florida Statute 61.075 governs equitable distribution. The court starts from the premise that marital assets and liabilities should be divided equally, then adjusts based on factors like the length of the marriage, each spouse's contributions, and their economic circumstances. Equitable doesn't always mean an exact 50/50 split — that's simply the starting point. A connected attorney can map out what's actually on the table.
Yes. Senate Bill 1416, effective July 1, 2023, eliminated permanent alimony in Florida. Courts can now award bridge-the-gap, rehabilitative, or durational alimony under Florida Statute 61.08. Durational alimony isn't available for marriages under three years, and its length is tied to how long the marriage lasted, with the amount generally capped at the recipient's demonstrated need or 35% of the difference in the spouses' net incomes, whichever is less. Ask a connected attorney how this applies to your marriage.
Not officially. Florida Statute 61.13 uses "parental responsibility" and "time-sharing" instead of custody. Under §61.13(2)(c)1, there's a rebuttable presumption that equal time-sharing between both parents serves a minor child's best interest — though that presumption can be challenged based on the specific facts of a case.
Florida Statute 61.30 sets statewide child support guidelines based primarily on both parents' combined net income and the number of overnights each parent has with the child. A change in income, a move, or a new household can be grounds to revisit an existing order. A connected attorney can estimate where your case likely lands.
Florida Statute 61.19 blocks a court from entering a final judgment until at least 20 days after the petition is filed, unless it finds an injustice would result from the delay. That's a statutory floor, not a realistic timeline — contested cases involving mediation, disclosure, and negotiation typically run much longer. Get a realistic timeline for your situation.
Know Where
You Stand.
A confidential case review with a Miami-Dade divorce attorney — free, with zero pressure to file anything.