Best Miami Divorce Attorneys

Frequently Asked Questions

How do divorce lawyers in Miami charge?

Mostly by the hour. Florida Bar Rule 4-1.5 bars contingency fees for obtaining a divorce, alimony or support. Most firms ask for a retainer and bill hourly against it. Some offer flat fees for uncontested cases.

How long does a divorce take in Miami-Dade?

At least 20 days. Florida Statute 61.19 blocks a final judgment until 20 days after the petition is filed. Agreed cases often wrap up within a few months. Contested cases in the Eleventh Judicial Circuit can take a year or more.

Who can file for divorce in Florida?

One spouse needs six months of residency. Florida Statute 61.021 requires that residency right before filing. Florida has no required separation period. You can file as soon as you meet the residency requirement.

Does it matter who caused the breakup?

Not for the divorce itself. Florida is a no-fault state, so the only ground is that the marriage is irretrievably broken. But spending marital money on an affair can count against a spouse when assets are divided.

How is alimony decided after the 2023 reform?

Permanent alimony is gone. For judgments entered on or after July 1, 2023, courts may award bridge-the-gap, rehabilitative, or durational alimony. Durational awards are capped at 50, 60, or 75 percent of the marriage's length. The tier depends on whether the marriage lasted less than 10 years, 10 to 20 years, or more than 20 years.

How do Miami courts handle custody?

Florida starts from equal time-sharing. Since July 2023, the law presumes an equal schedule is best for the child. A parent can rebut that with evidence. Both parents must also finish a four-hour parenting course before the judge signs the final judgment.

Do I need a lawyer for an uncontested divorce?

Not always. Couples with no minor children who agree on everything and waive alimony may qualify for a simplified dissolution. Once there are kids, a pension or a business, a lawyer's review can catch costly mistakes in the settlement.

Types of Divorce and Family Law Cases in Miami

Contested divorce. Spouses who cannot agree go through discovery, mandatory financial disclosure and court-ordered mediation. Cases that still do not settle go to trial at the Lawson E. Thomas Courthouse Center downtown.

Equitable distribution. Florida divides marital property fairly, usually starting with an equal split. Condos in Brickell, rental units, and retirement accounts all need to be valued and sorted into marital or separate property.

Business and high-asset divorce. Owners of medical practices, import businesses or real estate portfolios often need a forensic accountant. Stock options and deferred pay also need careful valuation.

Time-sharing and parental responsibility. The parenting plan sets the schedule, holidays and who makes school and medical decisions. Moving 50 miles or more with a child for over 60 days requires consent or a court order.

Child support. Florida uses a statutory guideline based on both incomes and the number of overnights. Health insurance and child care costs are added in.

International divorce. Miami has many families with ties to Latin America and Europe. These cases can involve foreign assets, foreign judgments or Hague Convention claims when a child is taken abroad.

Prenuptial and postnuptial agreements. These set rules for property and alimony before a dispute starts. Courts can set one aside if a spouse hid assets or signed under pressure.

Modification and enforcement. A lasting change in income or a child's needs can support a new order. When an ex stops paying, the court can enforce support through contempt.

How to Choose a Divorce Attorney in Miami

Match the lawyer to your assets. A simple split does not need a firm built around business valuations. A marriage with a company or overseas property probably does.

Ask about local court experience. Judges in the Eleventh Judicial Circuit have their own procedures and standing orders. A lawyer who files there often knows what each courtroom expects.

Look for board certification. The Florida Bar certifies a limited number of lawyers as marital and family law specialists. The credential requires peer review and a written exam.

Get the fee terms in writing. Ask for the retainer amount, hourly rates and how experts are billed. Forensic accountants and appraisers are usually extra.

Check language needs. Many Miami families prefer to work in Spanish. Confirm the lawyer, not just the front desk, can handle your case in your language.

What Affects the Outcome of a Miami Divorce

The level of conflict drives cost more than anything else. Disputes over a business value, hidden income or parenting time add months of discovery and expert work. Couples who reach a marital settlement agreement through mediation retain far more control over the outcome.

Alimony turns on one spouse's need and the other's ability to pay. It also cannot exceed 35 percent of the difference in the spouses' net incomes. The length of the marriage then sets how long payments can last.