If you live in Miami, Florida and are battling to keep your marriage afloat then it’s only a matter of time before you start thinking about this same question – how do you file for a divorce in Florida?

Well according to the expert family law attorneys in Miami, filing for divorce in Miami, must take a legal route if you want it to be considered as binding. Indeed there are quite a number of legal requirements that anyone who wants a divorce in Florida must first of all meet before they can get one.


Sometimes, the process can be quite tedious especially if the divorce is highly contested. Other times it could be as simple as a simplified dissolution of marriage process. Either ways here are some of the basic requirements that anyone who wants to file for a successful divorce in Miami must first satisfy.




First they must be sure that the marriage is irretrievably broken. According to the laws of Florida, the state no longer requires “fault” to grant a divorce. Instead they require both parties to claim/ agree that their union is irretrievably broken. Fault only comes to play probably later on when deciding on the perfect divorce settlement such in granting alimony, equitable distribution of marriage property, and when deciding on child custody and support.

Secondly you must have satisfied the residency requirements too. The law is clear in Florida. For any county within Florida to grant anyone a divorce, the law requires that one party must have stayed in/ been a resident of the state of Florida for the preceding six months. Without this your divorce application would be a waste of time, money, and also energy.


In the same spirit, couples who have children in their marriage will be required to take up an online class before filing for the divorce. The state could also require the kids to take up a course too. This process is only avoidable if you getting a simplified divorce (since here there are never any children involved). The recommended parent Education and Family Stabilization Course should be taken blindly. Contact the court clerk to tell you which appropriate course to take.

Then again because the Miami treats kids with a lot of care during divorce process, it is important that if you have kids you should put their interests first. Therefore many expert family law attorneys in Miami suggest that if it possible and for your court case to move smoothly, it would be helpful if you are willing to come to an agreement when it comes to child custody and support. In the absence of an agreement, Miami courts will have to hold a trial. This can be time consuming and very costly.


It would also be very helpful if you could draft a marital settlement agreement. This will save time and allow you to enjoy a smooth and fast divorce settlement process in Miami and more.