How Divorce Works in Florida: What Miami Families Should Expect in 2025
Divorce in Florida is never easy, but understanding the legal process can help reduce stress, confusion, and costly mistakes. If you’re considering divorce in Miami or anywhere in South Florida, it’s important to know how Florida divorce laws work in 2025 — and what changes may affect your rights.
This guide breaks down the Florida divorce process step-by-step, including child custody, asset division, alimony, and more.
Is Florida a No-Fault Divorce State?
Yes, Florida is a no-fault divorce state. This means that neither spouse has to prove wrongdoing like adultery or abuse to file for divorce. The only legal requirement is that the marriage is “irretrievably broken.”
You don’t need your spouse’s permission to get divorced. If one person wants out, the court will proceed with the case.
How Do You File for Divorce in Miami-Dade County?
To start the divorce process, one spouse (called the petitioner) must file a Petition for Dissolution of Marriage with the Miami-Dade County Family Court. The other spouse (respondent) is then served with legal papers and has 20 days to respond.
You must meet Florida’s residency requirement: at least one spouse must have lived in the state for at least six months before filing.
What Happens After the Divorce Is Filed?
After filing, both spouses are required to:
• Exchange financial disclosures
• Attend parenting classes if children are involved
• Attempt mediation (in many cases, this is required)
If the couple can agree on major issues like property, custody, and support, they may submit a marital settlement agreement and avoid trial. If not, the case goes to a judge for resolution.
How Is Property Divided in a Florida Divorce?
Florida follows equitable distribution rules. This means marital assets are divided fairly — but not necessarily equally.
The court considers factors like:
• Length of the marriage
• Contributions of each spouse (financial and non-financial)
• Economic circumstances
• Whether either spouse wasted marital assets
Marital assets typically include homes, cars, retirement accounts, businesses, and debts acquired during the marriage.
What About Child Custody and Time-Sharing?
In Florida, custody is called “time-sharing” and decisions are based on the best interests of the child. Courts prefer shared parental responsibility, meaning both parents remain involved in the child’s life.
Factors considered include:
• Each parent’s ability to care for the child
• The child’s school and community ties
• Any history of abuse, neglect, or substance abuse
Parents are required to submit a parenting plan detailing how time will be split, who makes decisions, and how communication will work.
Will You Have to Pay Alimony in Florida?
Alimony (spousal support) is awarded based on need and ability to pay. Recent changes in Florida law, including the elimination of permanent alimony in many cases, affect how judges decide support in 2025.
Types of alimony may include:
• Bridge-the-gap (short-term needs)
• Rehabilitative (job training or education)
• Durational (based on length of marriage)
Longer marriages may result in longer alimony periods. A Miami divorce lawyer can help determine what applies to your situation.
How Long Does Divorce Take in Florida?
An uncontested divorce (where both parties agree on all terms) may be finalized in as little as 30–60 days. A contested divorce can take several months to over a year, depending on the complexity and level of conflict.
Working with a local attorney and staying organized can help move the process along faster.
Do You Need a Lawyer for Divorce in Miami?
Technically, you can represent yourself — but it’s risky, especially when children, property, or support are involved. A skilled Miami divorce attorney can protect your rights, negotiate on your behalf, and ensure all paperwork is done correctly.
Legal mistakes can lead to lost custody, unfair settlements, or prolonged litigation. Having a lawyer can help you avoid those costly errors.
What Are the Costs of Divorce in Florida?
Costs vary widely. Filing fees in Miami-Dade County are typically around $400–$450. If the divorce is contested, legal fees can climb into the thousands.
Uncontested divorces are more affordable, especially when handled with the help of an experienced attorney who offers flat-rate services or mediation options.
Need Help with Divorce in Miami? Mulet Law Can Help
At Mulet Law, we understand how overwhelming divorce can be — emotionally, financially, and legally. Our team has deep experience guiding Miami families through the Florida divorce process with clarity, compassion, and strong legal support.
Whether your divorce is amicable or contested, we’re here to protect your future and fight for what matters most to you.
Schedule your free consultation today — and let us fight for you.
👉 Schedule a consultation with Mulet Law today and get the experienced, local representation you deserve. Don’t wait—your timeline to respond is already counting down.
📞 Call us at (305) 204-7372