Miami Family Lawyer

Getting a Divorce in Miami

Florida is a no-fault divorce state, so you do not have to prove any specific grounds for divorce, such as adultery. Either spouse can file for no-fault divorce merely by citing that the marriage is "irretrievably broken" (Fl. Stat. § 61.052 (2020)). However, if you do seek to cite a fault for your divorce, the judge may take that into consideration when determining things like alimony. Spouses seeking divorce in Florida must also be a resident of the state and have lived there for 6 months before filing.

There are 2 divorce options in Florida – simplified and regular. The simplified process is a quicker and easier way for couples who:

• mutually agree to the separation;
• do not have minor children;
• are not seeking alimony;
• have agreed to a written property division settlement; and
• agree to the simplified procedure that waives the right to a trial and appeal.

Simplified dissolution is a favorable divorce process for couples who are still on cooperative terms and can collaborate on the separation. Our firm has significant experience guiding spouses through this kind of collaborative divorce and can help represent your interests and goals in the negotiation process

Divorce Mediation

Our firm also helps clients prepare for mediation to settle divorce disputes. Mediation is a dispute resolution method that allows spouses to discuss their issues and concerns in the presence of a third-party mediator, who will help to facilitate the conversation. In their discussion, they should work towards a decision about their divorce matters. Mediation is a favorable dispute resolution method because it can help you and your spouse avoid a lengthy and expensive trial, and it will also grant you two the most decision-making authority on your own issues, as you have the power to decide custody and property division instead of relegating it to a judge’s decision.

Note that a mediator is not like a judge; they cannot make any decisions for you, and they are only there as a neutral and impartial guide to brainstorm possible solutions, stay on track in the discussion, and clarify areas of agreement and disagreement. Our firm has experience helping clients with mediation, and we will pay careful attention to helping you prepare for your negotiation. We can help you outline your goals for the session and make sure your rights are being appropriately addressed. In fact, we have a 90% success rate with mediation cases, so you can trust that we know what we’re doing!