Call Us Today!
A divorce is one of the toughest experiences you can have. People break away from a part of their lives due to many reasons, be it financial, incompatibility, or others.
While modern laws make it easy to go through this process, it still poses emotional and legal challenges.
If you are looking to get a divorce, then you may be thinking about all the challenges that lie ahead. What are the important laws? What are the key things to consider? What should you do to get through the process easily?
We will address that and more, so let us get right into the key considerations for a Miami-Dade County divorce.
Did you know that around 20% of the Miami-Dade population is divorced or separated? [1]
Divorce in Miami-Dade County is regulated by the state laws, which simplify the process. These laws regulate basics, such as who can file for a divorce, who is eligible to file for one, and which factors ensure an uncontested divorce, among others.
That being said, the most important divorce laws in Florida include the following:
There are more divorced women than men in Miami-Dade County, with 17.9% of divorced women. [2]
Simplified divorces have specific requirements in Miami-Dade County. As the state laws regulate, the couple involved must reach an agreement on the basics to ensure an uncontested or simplified divorce. For this, the state has the necessary requirements.
The requirements for a simplified divorce are as follows:
Equitable distribution is one of the key factors in most divorces. This is regulated by Florida law, which requires the split of property and other assets equitably, depending on key factors. The court will consider factors like marriage duration, job, education, etc., to determine a fair split of assets. 61.075
The most important factors considered in this include the following:
Considering these factors, the divorce is then finalized by the local court. The judge will consider these factors. However, if during mediation, both spouses agree to compromise and split according to equitable divorce law, then there will be no need to go to a trial.
In this instance, both spouses will get their fair share of the assets. The court will appoint a mediator, who will allow adjustments accordingly. This is done to ensure fairness based on the aforementioned consideration according to Florida Statutes Section 61.075.
One of the most difficult phases during a divorce for any involved party is custody and child support. In child support, various factors are considered, such as expenses, the child’s regular needs, education, etc. Other than that, both parents must also agree to a timesharing schedule.
The key considerations in this aspect of the divorce include the following:
Alimony is one of the key factors to consider when divorcing. In some cases, the court can appoint one spouse to pay alimony to another, depending on their financial situation and other factors. This is also called spousal support, and it is usually entangled with child support.
That being said, the key factors considered in determining alimony include the following:
Other than these factors, specific cases may require a thorough analysis by the court or the mediator. Then, depending on the case presented by either spouse, the court may determine alimony based on income, necessity, and child support.
The process of filing a divorce in Miami-Dade requires the filing of specific documents and forms to initiate the process. This process can be started by either of the spouses, and usually includes the submission of key forms.
The most important forms include the following:
Once the important documents are finalized, the divorce petition is filed. Then, these phases will follow:
Once the divorce is finalized, the dissolution of the marriage will be confirmed by the State of Florida, and the couple will no longer be regarded as “married.”
If you or someone you know is looking to get a divorce, then the Miami divorce attorneys at The Law Offices of Sacks & Sacks, P.A. can help you and simplify the process. Get a free consultation today.
FAQs
There is no requirement on who should file for a divorce to end a marriage in Miami-Dade. Any of the two spouses can initiate the process, and they will be considered the petitioner. There is no legal advantage to either party, as the court will consider various factors before calling it an uncontested divorce.
An uncontested divorce is when both parties in a divorce agree to the dissolution of the marriage without any conflict. This includes matters of property, child support, child custody, etc. An uncontested divorce is quicker and less stressful as it avoids the court battle entirely.
Most divorce cases in Miami-Dade County end before the trial as they are resolved during negotiations or mediation. A trial is only necessary if matters of custody or assets are not agreed upon by either party involved.
Co-parenting can be challenging due to emotional adjustments and communication. In a simplified divorce, matters of custody and timesharing are discussed thoroughly to avoid any conflict in the future.
Sources:
[1] Matters, M. (n.d.). Miami-Dade Matters :: Demographics :: County :: Miami-Dade :: Population. Copyright (C) 2025 by Miami-Dade Matters. https://www.miamidadematters.org/demographicdata?id=414§ionId=935
[2] Miami-Dade County Office of the Commission Auditor –Miami-Dade County STATUS OF WOMEN 2023 Report. In Miami-Dade County. https://www.miamidade.gov/advocacy/library/reports/2023-status-of-women-report.pdf
