Uncontested Divorce Attorney in Miami

Florida is a state that allows no-fault divorces, meaning neither party has to prove wrongdoing in order to file for divorce. To be eligible to file for divorce in Florida, the spouse must first establish a domicile in the state for a minimum of 180 days. From there, they can contact their Miami divorce lawyer and file a petition for divorce simply stating the irretrievable breakdown of the marriage.

Additionally, they may also choose to file a counter-petition with the other party or on their own behalf and have it served to the other spouse. Florida makes it easy for those wanting to part ways and provide an opportunity for residents to end their marriages in an efficient and time-effective fashion.

What is an Uncontested Divorce?

An uncontested divorce is the fastest, cleanest way to move forward when both spouses are on the same page. You agree on who keeps what, how to divide debts, whether alimony is on the table, and—if kids are involved—who’s responsible for making decisions (sole or shared), timesharing (custody) and child support. No drawn-out court battles, no unnecessary stress.

Florida is a no-fault divorce state. That means no one has to prove cheating or wrongdoing. You simply confirm the marriage is “irretrievably broken.” As long as one spouse has lived in Florida for at least 180 days, you’re eligible to file.

But let’s be clear: “uncontested” does not mean “informal.” Every agreement—Marital Settlement, Parenting Plan, financial disclosures—must be documented properly and approved by the court. If you want this done right, you need more than a DIY form. You need legal guidance that protects your interests from day one.

How is Uncontested Divorce in Florida Different Than a Regular Divorce?

Uncontested divorce is about control. Contested divorce is about conflict.

In an uncontested divorce, both spouses work together to settle everything privately, from asset division to parenting plans for your child (custody), without needing a judge to make those decisions for them. This keeps the process faster, less expensive, and far less stressful.

A regular (contested) divorce, on the other hand, means disagreement. You’re fighting over who gets what, who pays what, or how parenting time should work — and the court (government) steps in to decide. That means more time, more legal fees, and less control over the outcome.

In Miami-Dade, we’ve seen uncontested divorces finalized in a matter of weeks when both parties cooperate. A contested case? It can drag on for months — or years — especially if there are disputes over alimony, business assets, or parenting schedules.

If you and your spouse are willing to reach an agreement, choosing the uncontested route gives you a faster path forward — and a better chance at preserving your peace, your privacy, and your finances.

What Are the Steps in the Uncontested Divorce Process?

Even when both spouses agree, divorce is still a legal process — and every step matters. Here’s what you can expect in a typical uncontested divorce in Miami:

1. Confirm Eligibility: One spouse must have lived in Florida for at least 180 days before filing.
2. Prepare and File Documents: Your attorney will file a Petition for Dissolution of Marriage, along with required forms like the Financial Affidavit, Marital Settlement Agreement, and if there are under 18 children, a Parenting Plan.
3. Pay the Filing Fee: The court filing fee in Miami-Dade is generally around $409, unless waived for financial hardship.
4. Exchange Required Financial Information: Florida requires full financial disclosure — even in uncontested cases — to ensure transparency and fairness.
5. No Final Hearing: You’ll submit to the judge to review the agreement. If everything is in order, the judge will issue a Final Judgment of Dissolution of Marriage without a hearing.
6. Move On — Legally and Personally: Once the judgment is entered, your divorce is final. No waiting period. No surprises.

Agreement on Key Issues Concerning Your Divorce

To qualify for an uncontested divorce in Miami, both spouses must reach a full agreement on all major issues — no gray areas, no loose ends. The more detailed the agreement, the smoother the process.

These are the key decisions that must be locked in before your divorce can move forward uncontested:

Dividing Assets

You and your spouse must agree on how to divide all marital assets — including bank accounts, real estate, investments, vehicles, and retirement funds. Florida follows the principle of equitable distribution, which means fair, not necessarily equal. If you both agree on what’s fair, the court will usually honor it.

Dividing Outstanding Debts

All marital debt must be addressed — credit cards, loans, mortgages, and personal liabilities. Decide who takes responsibility for what, and make sure it’s clearly documented to avoid future disputes.

Determination of Alimony

You must agree whether alimony will be paid, and if so, by whom, for how much, and for how long. Florida courts will generally uphold your agreement, as long as it’s reasonable and meets legal standards.

Determination of Child Custody

If children are involved, you’ll need to reach agreement on parental responsibility and timesharing. Florida requires a formal Parenting Plan that outlines where the child lives, how decisions are made, and what the schedule looks like.

Agreement on Child Support

Child support in Florida is calculated using a standard formula, but both parties must still agree to the numbers. Your Parenting Plan and income information will determine the amount. Once agreed upon, the judge will review it for compliance with state guidelines.

Uncontested Divorce in Florida With Children

When children are involved, the stakes are higher — but that doesn’t mean the process has to turn into a courtroom battle.

In an uncontested divorce, both parents agree on how to co-parent moving forward. This includes:

• Timesharing arrangements (formerly known as custody)
• Parental responsibility (decision-making authority)
• Child support obligations
• A comprehensive Parenting Plan

Florida courts prioritize the best interests of the child — and so should you. That means creating a plan that’s realistic, respectful, and built around the child’s emotional, educational, and developmental needs.

If you and your co-parent can work together to develop a mutually acceptable Parenting Plan, the court will likely approve it. But vague or one-sided plans won’t pass. That’s where an experienced Miami divorce attorney can help — by drafting terms that are not only fair, but enforceable.

An uncontested divorce with children demands maturity, structure, and strategic legal guidance. We help you do it right — without putting your child in the middle.

Why Choose an Uncontested Divorce?

Because you don’t need to burn everything down to walk away.

An uncontested divorce puts you in control of your future — not a judge, not your ex, and not a drawn-out legal process. If both parties are willing to cooperate, this approach offers real advantages:

• Faster resolution – No fighting, no delays. You can finalize your divorce in weeks, not months.
• Lower cost – You avoid the endless back-and-forth of litigation, saving on legal fees and court costs.
• Less stress – No depositions, no court battles, no personal attacks. Just a clear path forward.
• Privacy and dignity – You keep your personal life out of the public record and out of a courtroom.
• More control – You and your spouse decide what’s fair — not a judge who doesn’t know your family.

At the Law Office of Ana C. Augusto, we know how to move uncontested divorces through the Miami system efficiently and effectively. If you’re ready to end the marriage without destroying everything in the process, we’re ready to help.

How Much Does an Uncontested Divorce Cost in Florida?

An uncontested divorce is the most cost-effective way to end a marriage in Florida — but that doesn’t mean it’s free. Here’s what to expect:

• Court Filing Fee: Approximately $409 in Miami-Dade County.
• Attorney Fees: For a straightforward uncontested divorce, legal fees typically range from $2,800 to $5,000, depending on complexity and whether children are involved.
• Additional Costs: Process server fees, parenting classes (if applicable), and notary services can add to the total.

If you and your spouse agree on all terms — including property division, child custody, and alimony — you can avoid the high costs associated with contested divorces, which can escalate to $15,500 or more.

At the Law Office of Ana C. Augusto, we offer a complimentary case evaluation to assess your situation. Strategy sessions are available for a fee and are conducted with an attorney. This approach ensures you receive personalized guidance tailored to your needs.

How Can a Lawyer Help With an Uncontested Divorce?

Even in the most amicable situations, divorce is still a legal transaction — and one mistake can cost you time, money, or worse, control.

Hiring a seasoned uncontested divorce attorney in Miami ensures your rights are protected and your agreements are enforceable. Here’s how we help:

• Drafting strong legal documents: We prepare a clear, court-ready Marital Settlement Agreement, Parenting Plan, and financial disclosures that hold up under scrutiny.
• Avoiding errors and delays: Missed forms or incorrect information can cause your case to be rejected. We get it right the first time.
• Ensuring fairness: We review all terms to make sure you’re not giving up more than the law requires — especially when it comes to equitable distribution, child support, or alimony.
• Managing the process: We handle filings, coordinate your final hearing, and communicate with the court so you don’t have to.
• Providing clarity and confidence: Divorce is personal, but your decisions must be strategic. We guide you with calm, confident legal insight — start to finish.

At the Law Office of Ana C. Augusto, we don’t just process paperwork. We protect your peace of mind.

Why Choose The Law Office of Ana C. Augusto?

Because you deserve more than a cookie-cutter solution. You deserve a legal team that sees the big picture — and fights smart to protect it.

At the Law Office of Ana C. Augusto, we bring years of focused experience in Florida family law, with a proven track record of helping professionals, business owners, and first responders navigate uncontested divorce with clarity, efficiency, and confidence.

We understand that even the most amicable divorce still carries emotional weight — so we meet you with honesty, precision, and respect. Our goal is simple: get you through the legal process as smoothly and quickly as possible, without sacrificing your rights or your future stability.

Whether you’re dividing real estate, negotiating timesharing, or protecting your financial independence, we’ve done this before — and we do it well.

Testimonials

“Thank you to the whole team for helping me through a very difficult time of my life. I appreciate everyone’s efforts. God bless you. To all dads that may be fearful in these difficult child custody battles, do not hesitate to trust Ana and her team.”
— Carlos.

“Ana Augusto is an experienced and outstanding family law attorney who I have had the opportunity to get to know personally. Ana is a wonderful individual. I highly recommend Ana for any family law issues that may arise.”
— Patrick G.

Start Your Uncontested Divorce Process Here

When it comes to the divorce process, it often pays to settle matters beforehand. This is where a Miami divorce lawyer can come in handy and help you avoid getting caught up in a long, arduous legal proceeding.

We use non-adversarial strategies to guide clients through uncontested divorce with speed, clarity, and strength. Our approach protects your peace, saves time, and keeps unnecessary drama out of your future.

When it comes to divorce, preparation is power — and the smartest move is to avoid a fight before it starts.

If you are considering filing for a divorce or have questions about our strategies, don’t hesitate to contact us today. Let us put our experience to work and help you move quickly through the divorcing process.