Simplified Dissolution of Marriage in Miami-Dade County, Florida (2026)

Simplified Dissolution of Marriage in Miami-Dade County, Florida

1. What Simplified Dissolution of Marriage Actually Is

Florida offers two legal tracks for ending a marriage. The standard route is a regular dissolution of marriage governed by Fla. Stat. § 61.052. The alternative — designed for a narrow class of couples who already agree on everything — is the simplified dissolution of marriage, codified at Fla. Stat. § 61.055. The simplified procedure strips away most of the procedural machinery of divorce: there is no formal service of process on the other spouse, no mandatory discovery phase, no contested motion practice, and no need for separate petitioner and respondent pleadings.

The essential feature that distinguishes simplified dissolution from any other Florida divorce is that both spouses must appear together at the final hearing. They walk in as a unit, answer the judge's or general master's questions under oath, and — if the statutory checklist is satisfied — walk out with a signed final judgment the same day. That joint appearance requirement is not waivable. If one spouse cannot appear or refuses to participate, the simplified track is unavailable and the petitioning spouse must file a regular dissolution petition.

For Miami-Dade County residents, the simplified route runs through the 11th Judicial Circuit Court's Family Division, one of the largest and most active family court systems in the state. The county's size means specific courthouse locations, local form requirements, and calendar assignment procedures all matter. Understanding the local mechanics — not just the statewide statute — is what lets a couple move through the process in weeks rather than months.

2. Eligibility: The Statutory Checklist Under Fla. Stat. § 61.055

Florida law makes no exceptions to the eligibility conditions for simplified dissolution. Every item on the checklist must be satisfied before the clerk will accept the petition and before a judge will enter the final judgment. If a single condition is missing, the case must proceed under the regular dissolution track.

The conditions required by Fla. Stat. § 61.055 are:

• There are no minor or dependent children of the parties, whether biological or adopted during the marriage, and the wife is not pregnant at the time of filing.
• The marriage is irretrievably broken — both parties must agree there is no possibility of reconciliation.
• Both parties have made a full and fair disclosure of all marital and nonmarital assets and liabilities to each other.
• The parties have already executed — or will execute at the final hearing — a written marital settlement agreement that addresses the division of all marital property and debts.
• Neither party is seeking alimony from the other; the mutual waiver of alimony must appear in the settlement agreement or be stated on the record.
• Both parties voluntarily desire the marriage to be dissolved.
• Both parties have read, or had explained to them, the Florida Courts self-help handbook on family law referenced in the official forms.

The pregnancy bar is absolute. If the wife is pregnant, the simplified track is closed regardless of the parties' wishes. Similarly, if either spouse adopted a minor child during the marriage, that child triggers the child-related bars and the case must go through the regular track, where a parenting plan and a child support calculation under Fla. Stat. § 61.30 are legally required.

The alimony waiver deserves particular attention. Alimony under Fla. Stat. § 61.08 is analyzed based on factors including length of the marriage, each party's earning capacity, the standard of living during the marriage, and the financial resources of each spouse. In longer marriages — generally those exceeding seven years — one spouse may have a colorable alimony claim that carries real economic value. Waiving alimony in a simplified dissolution final judgment is permanent and essentially irrevocable. Any party who is unsure whether they might have an alimony claim should consult an attorney before signing the settlement agreement.

3. Required Forms for Miami-Dade Simplified Dissolution Filings

The Florida Supreme Court has approved a standardized packet of family law forms for the simplified dissolution procedure. These forms are uniform statewide, and Miami-Dade filers use the same core documents as every other Florida county. The essential forms are:

• Florida Family Law Form 12.901(a) — Petition for Simplified Dissolution of Marriage. Both spouses sign this form jointly, attesting to each of the eligibility conditions under § 61.055.
• Florida Family Law Form 12.902(f)(3) — Marital Settlement Agreement for Simplified Dissolution of Marriage. This agreement divides all identified marital property and debts and contains the mutual waiver of alimony.
• Florida Family Law Form 12.902(j) — Notice of Social Security Number. Florida courts require each party's Social Security number to be on file; the document is confidential and not part of the public record.
• Florida Family Law Form 12.902(b) — Financial Affidavit (Short Form). Both parties must complete this form unless they have both signed a written waiver of financial disclosure, which is permissible under Fla. Stat. § 61.30(1)(b) when the parties have agreed on all financial matters.
• Florida Family Law Form 12.990(a) — Proposed Final Judgment of Simplified Dissolution of Marriage. The parties prepare this order in advance; the judge signs it at the conclusion of the final hearing if everything is in order.

Miami-Dade's Family Division may require additional local administrative forms or cover sheets. The clerk's self-help center at the Richard E. Gerstein Justice Building can confirm current local requirements before filing. For the general statewide filing requirements, see Florida Divorce Filing Requirements.

4. Where to File in Miami-Dade County

Miami-Dade County operates multiple clerk of court locations that accept family law filings, but the primary venue for most simplified dissolution petitions is the Richard E. Gerstein Justice Building at 1351 NW 12th Street, Miami, FL 33125. This main civil courthouse houses the Family Law Division clerk's office, a self-help center with staff available to assist pro se filers, and the hearing rooms where final hearings are conducted.

Residents in the northern portions of Miami-Dade — areas like Aventura, North Miami Beach, and Hialeah — may find it more convenient to inquire about filing at the North Dade Justice Center at 15555 Biscayne Boulevard, Miami, FL 33160. However, hearings are frequently scheduled at the main Gerstein building regardless of where the petition is initially filed, so both parties should be prepared to travel to the downtown Miami courthouse for their final hearing date.

At the clerk's office, the couple files the completed petition and settlement agreement together, pays the filing fee, and receives a case number. The clerk assigns the case to a Family Division judge or — more commonly in Miami-Dade for uncontested matters — to a general master. The parties will either receive a scheduled hearing date at the time of filing or will be directed to contact the judicial assistant for the assigned division to place the case on the calendar. For a broader orientation to how divorce proceedings operate in this county, the Florida Divorce Miami Guide 2026 covers local procedures in detail.

5. Filing Fees and Out-of-Pocket Costs

Filing fees for dissolution of marriage cases in Florida are governed by Fla. Stat. § 28.241 and are subject to legislative adjustment. As of 2026, the base filing fee for a joint petition for simplified dissolution in Miami-Dade is in the range of $408, though additional surcharges — including the law library fund assessment, the alternative dispute resolution fund surcharge, and other statutory levies — are added to that base amount. The total varies slightly by county and by the specific surcharges in effect at the time of filing.

Parties who cannot afford the filing fee may petition for a fee waiver by submitting an Affidavit of Indigency to the clerk. Approval is not automatic — the clerk or a judge reviews the financial information provided — but qualifying individuals can have the fee deferred or waived entirely. The clerk's self-help center can provide the waiver form and explain the income thresholds applied in Miami-Dade.

Beyond the filing fee, the simplified dissolution is one of the least expensive legal procedures available. There are no process-server fees, no deposition costs, no expert witness fees, and no discovery-related expenses. If the parties choose to retain an attorney for a limited-scope review of the settlement agreement — a prudent step even in an uncontested case — that is the primary variable cost. For a broader look at dissolution-related costs, see Florida Divorce Cost.

6. The Mandatory 20-Day Waiting Period

Florida law prohibits any court from entering a final judgment of dissolution until at least 20 days have passed from the date the petition was filed. This waiting period is established by Fla. Stat. § 61.19 and applies uniformly to simplified and regular dissolution cases alike. The statute allows a court to waive the period only upon a specific finding that injustice would result from enforcing it — a narrow exception that courts apply sparingly and that requires a formal motion and supporting facts.

In practice, the 20-day period sets the earliest possible date for a final hearing, not the typical date. Miami-Dade's Family Division calendar is active, and the practical timeline from filing to final judgment in a simplified dissolution case is typically four to eight weeks depending on the court's scheduling backlog and whether the case is assigned to a general master or directly to a judge. Cases assigned to a general master follow a two-step process: the general master conducts the hearing and issues a report with recommended findings, which the assigned circuit judge then ratifies by signing the final judgment. This two-step sequence adds a few days to the timeline compared to a case where the judge hears the matter directly.

Incompleteness in the filing packet is the most common source of avoidable delay. If the clerk flags a missing signature, an unsigned settlement agreement, or an incomplete financial affidavit at the time of filing, the case may not be accepted, resetting the clock. Preparing a clean, complete packet before going to the courthouse eliminates this risk.

7. What Happens at the Final Hearing

The final hearing in a simplified dissolution is brief, procedural, and low-stress compared to a contested trial. Both parties must appear in person at the assigned courtroom at the Gerstein Justice Building or another designated Miami-Dade family law hearing room. Hearings typically run 10 to 20 minutes.

The judge or general master places both parties under oath and asks a series of foundational questions. These questions track the statutory eligibility checklist directly: confirming that at least one party has been a Florida resident for six months and a Miami-Dade resident for 90 days before filing under Fla. Stat. § 61.021; confirming that neither party is pregnant and that there are no minor children; confirming that the marriage is irretrievably broken; and confirming that both parties reviewed the settlement agreement, understand its terms, and signed it freely and voluntarily. The waiver of alimony is confirmed on the record at this point as well.

If all conditions are satisfied and the settlement agreement is complete, the judge or general master signs Florida Family Law Form 12.990(a), the Final Judgment of Simplified Dissolution of Marriage, at the conclusion of the hearing. The clerk records the judgment, and certified copies become available — usually within a few days — for use in updating Social Security records, state identification documents, deed titles, vehicle titles, financial accounts, and other administrative matters that follow the legal end of the marriage.

8. What Simplified Dissolution Cannot Resolve on Its Own

The simplified track addresses the legal dissolution of the marriage and, by reference to the settlement agreement, the allocation of identified marital assets and debts. It does not, however, accomplish several post-judgment steps that parties frequently overlook until after the final judgment is entered.

Real property transfers require a separate recorded instrument. If the parties own a home, condominium, or other real property in Miami-Dade or elsewhere, the final judgment does not transfer title. A quit-claim deed or warranty deed — signed by both parties, notarized, and recorded with the Miami-Dade Clerk of Courts — is required to move legal title from joint names to one spouse's name alone, or to confirm that the property is to be sold. Failing to complete the deed recording step after the judgment leaves a cloud on title that can surface years later when the property is refinanced or sold.

Retirement account divisions require a Qualified Domestic Relations Order (QDRO) filed separately with the plan administrator after the divorce is final. A 401(k), defined-benefit pension, or 403(b) cannot be divided simply by referencing it in the settlement agreement. The QDRO must comply with the plan's requirements and the Employee Retirement Income Security Act. Couples who address retirement assets in their simplified dissolution settlement agreement must still complete the QDRO process independently after the final judgment, or those assets will remain in the original account holder's name.

Name restoration can be included in the simplified dissolution final judgment, but only to restore a former name previously used — typically a pre-marriage surname. The simplified dissolution does not authorize adopting an entirely new name. A party who wants to take a name they have never held must file a separate legal name-change petition under Florida's name-change statutes.

9. When Regular Dissolution Is the Better Choice

Simplified dissolution is not the right fit for every couple who appears to meet the eligibility criteria on paper. Several circumstances should prompt serious consideration of the regular dissolution track before proceeding.

High-value or complex marital estates — investment portfolios, business ownership interests, real property in multiple jurisdictions, cryptocurrency, or intellectual property — benefit from formal discovery under the Florida Family Law Rules of Procedure. The short-form financial affidavit used in simplified dissolution was designed for straightforward situations. A spouse who undervalues a business interest or omits an asset in a simplified dissolution settlement agreement cannot easily revisit that omission after the final judgment is entered.

Domestic violence or coercive control history makes voluntary joint participation suspect. The simplified track requires both parties to appear together and jointly waive a series of rights on the record. If one spouse has historically controlled the other's financial decisions or has used intimidation, the joint proceeding may not reflect the more vulnerable spouse's genuine free will. The regular dissolution track allows each party to retain separate counsel and participate through formal adversarial process with full procedural protections.

Recent significant changes in either party's financial situation — a new business, a large inheritance, a pending personal injury settlement, a change in employment — can make a swift settlement agreement premature. What looks like a clear equal division today may be deeply inequitable in six months once those assets or income streams are more defined. The regular dissolution track allows for discovery and court intervention if the parties cannot agree. For couples who agree in principle but have complications in the details, mediation under Fla. Stat. § 44.102 is often a productive intermediate step. A comparison of that option with full litigation is at Florida Divorce Mediation vs. Litigation.

10. Residency and Venue Requirements for Miami-Dade

Filing in Miami-Dade requires satisfying both the statewide residency requirement and the county venue rules. Under Fla. Stat. § 61.021, at least one party must have been a Florida resident for six continuous months immediately before the date the petition is filed. Under Fla. Stat. § 47.011, the proper venue is the county in which either party resides, making Miami-Dade proper when at least one spouse resides there — the general practice is to require 90 days of county residence before filing locally.

The residency requirement is verified at the final hearing when the judge asks the confirmatory question on the record. Parties who recently relocated — moving from Miami-Dade to Broward, or arriving in Miami-Dade from out of state — should confirm that the six-month Florida residency window is satisfied before filing. Presenting a valid Florida driver's license, utility bills, or a lease agreement can help document residency if the clerk or general master raises a question.

Military service members add a layer of complexity. The Servicemembers Civil Relief Act grants active-duty personnel certain protections in civil proceedings, including dissolution cases. A simplified dissolution can proceed if the active-duty spouse voluntarily participates and knowingly waives SCRA protections on the record, but the waiver must be explicit and informed. Either party who is on active military service should confirm SCRA implications before filing.

11. Working With an Attorney on a Simplified Dissolution

Simplified dissolution is the most accessible self-help friendly procedure in Florida family law, but "accessible" does not mean "risk-free." The two areas where unrepresented parties most often create problems they cannot undo are: (1) signing a marital settlement agreement that omits or undervalues a material asset, and (2) failing to complete the post-judgment steps — deed recording, QDRO, name change processing — that the final judgment itself does not automatically accomplish.

Many Miami-Dade couples in simplified dissolution cases opt for limited-scope representation: an attorney reviews and, if necessary, revises the settlement agreement before the couple files, without taking on full representation for the case. This targeted engagement costs far less than full representation and addresses the highest-risk step in the process. It also gives both parties confidence that the agreement they are signing is complete, accurate, and legally enforceable. Louis Law Group works with Miami-Dade residents on this basis — see /pricing for current consultation options.

For couples who want to understand the full scope of dissolution options before committing to any track — simplified, uncontested regular, or mediated — a consultation is an appropriate first step. The relevant practice context, including how Louis Law Group approaches family law matters across South Florida, is outlined at the firm's services page.

Bottom line

Simplified dissolution of marriage under Fla. Stat. § 61.055 is a legitimate, efficient option for Miami-Dade couples who are in genuine and complete agreement, have no minor children, and are each prepared to waive alimony permanently. The process — joint filing at the Richard E. Gerstein Justice Building, the mandatory 20-day waiting period under Fla. Stat. § 61.19, and a brief joint final hearing — can resolve a marriage in as little as four to six weeks. The limitations are real and permanent: the alimony waiver is irrevocable, the settlement agreement is final on property division, and post-judgment steps like deed recording and QDROs must be completed separately or assets remain legally untransferred. A limited-scope attorney review of the settlement agreement before filing costs a fraction of what a post-judgment correction proceeding would cost — and some mistakes in simplified dissolution cases cannot be corrected at all.

Attorney Advertising Disclaimer

This article is general legal information provided for educational purposes only and does not constitute legal advice. It reflects Florida law as of 2026 and is subject to change without notice. Reading this article does not create an attorney-client relationship between you and Louis Law Group or any of its attorneys. Every family law matter is fact-specific, and outcomes depend on the unique circumstances of each case. Past results in prior matters do not guarantee similar outcomes in future cases. If you have questions about your specific situation, consult a licensed Florida family law attorney before taking any action.