Divorce is stressful, but you don't have to handle it alone. Segarra & Associates, P.A. guides Miami and Orlando families through uncontested, contested, and mediated cases—keeping kids first, finances organized, and steps clear. We explain everything in plain language and move your case forward without surprises.
Request a consultation to start a plan that fits your life!
Call Segarra & Associates, P.A. at (305) 742-5042
Understanding Florida Divorce Law
Florida is a no-fault divorce state—you only need to show the marriage is “irretrievably broken” (Fla. Stat. §61.052). This approach can reduce conflict and help families move forward with less animosity. While the emotional weight of divorce affects everyone differently, Florida law provides a framework designed to reach fair outcomes for both spouses and protect children's interests above all else.
When you file for divorce in Florida, the court divides marital property using equitable distribution. The division of marital assets and liabilities is presumed to be equal, and a judge may order an unequal distribution only if justified by statutory factors, such as each spouse's contributions (including child care and homemaking), the parties' economic circumstances, the duration of the marriage, any interruption of a spouse's career or educational opportunities, and any intentional dissipation, waste, depletion, or destruction of marital assets.
At least one spouse must have lived in Florida for six months before filing (Fla. Stat. §61.021). If you've recently moved to Miami or Orlando, we can help you determine when you're eligible to file and what documents you'll need to prove residency.
Types of Divorce Cases We Handle in Miami
We handle the full scope of divorce work in clear steps and plain English. Every divorce follows a unique path, and understanding which type fits your situation helps you set realistic expectations for timing, costs, and outcomes.
Simplified Divorce (Miami)
For couples who meet Florida's simplified dissolution rules, we confirm that: there are no minor or dependent children and no pregnancy, you've fully agreed on dividing assets and debts, neither party is seeking alimony, both parties sign the required forms and waive trial/appeal rights, and both must attend the final hearing. If you don't meet every criterion, we'll file a regular petition instead. In Miami-Dade, simplified final hearings are typically held at the Lawson E. Thomas Courthouse Center, home of the Family Division (175 NW 1st Ave).
Uncontested Divorce
When both parties agree on key terms, we draft and file the necessary documents to support a smooth path toward final judgment. Uncontested divorce is often a practical option when spouses communicate clearly and reach mutual decisions about asset division, debt responsibility, and parenting arrangements. These cases tend to resolve more quickly and with lower costs by avoiding extended litigation. Oftentimes, the parties do not have to go to court in order to get divorced if the particular jurisdiction allows for remote uncontested final hearings. We handle the paperwork in compliance with court requirements and guide you through each step to help prevent delays related to filing errors.
Contested Divorce
When there's disagreement about parenting time, support, or property, we organize finances, negotiate firmly, and represent you in court if needed. Contested divorces require more time and strategy. When you and your spouse disagree on major issues, we gather evidence, interview witnesses if needed, and build a case that supports your position. We handle discovery requests, depositions, and court filings while keeping you informed about each development. Our goal is to negotiate a fair settlement before trial, but we're fully prepared to present your case to a judge if settlement talks don't produce acceptable terms.
High-Net-Worth Divorce
We help organize valuations and suggest practical division strategies for estates involving businesses, investments, and multiple accounts, with attention to tax implications. High-net-worth divorce requires careful handling. When a marital estate includes business ownership, investment portfolios, real estate, or professional practices, accurate valuation plays a key role. We collaborate with forensic accountants, appraisers, business valuators, vocational examiners, and tax professionals to build a clear financial overview. Because hidden assets, complex structures, and valuation disagreements can disrupt negotiations, we take time to assess the full financial landscape before recommending division options.
Need help choosing the right track?
Call Segarra & Associates, P.A. at (305) 742-5042
Residency Requirements
Florida requires at least one spouse to be a Florida resident for a minimum of six months before filing for dissolution of marriage. Residency is usually proven with items such as a Florida driver's license, a Florida identification card, voter registration, a signed lease, utility records, or an affidavit from a corroborating witness (Fla. Stat. §61.021). If you recently moved to Miami or Orlando, the timing matters because filing too early can create delays, additional filings, or dismissal. We can help you confirm the earliest filing date, identify what proof is most persuasive for your situation, and present residency in a clean, court-ready way.
Divorce by Publication
Divorce by publication is sometimes used when you cannot locate your spouse after a good-faith, documented search. Instead of personal service, the court may allow “constructive service” through publication in a qualifying newspaper, along with required sworn statements about your efforts to find and serve the other party (see Fla. Stat. ch. 49, including §49.011). This option has limits. In many cases, publication can support dissolving the marriage, but it may not allow the court to enter binding orders on financial relief against the missing spouse, such as support, debt allocation, or property distribution, unless the court also has proper jurisdiction and service requirements are satisfied. If you think your spouse is avoiding service or is simply out of reach, we can help you document your search steps, evaluate whether publication is appropriate, and plan for what can and cannot be decided in the case.
Divorce When Someone Is Incarcerated
A divorce can move forward even if one spouse is incarcerated. The case still follows Florida dissolution rules, including service of process, required financial disclosure, and parenting and support issues when children are involved. Practical challenges often include arranging proper service at the facility, confirming participation logistics for hearings or mediation (for example by phone or video where allowed), and gathering documents when access is limited. Courts also focus on child-centered planning, including parental responsibility and time sharing when appropriate, and on accurate support calculations based on the facts. If incarceration is part of your situation, we can help you map a realistic path for service, scheduling, documentation, and presentation so the court record stays organized and the case keeps moving.
Cost, Process & Timeline for Divorce in Miami
Costs and timing depend on your goals, the number of disputed issues, and how quickly each side provides information. We keep fees transparent and focus on smart steps that move your case forward. To get ready, review How to Prepare for a Divorce and our short Educational Videos.
A simple, plain-language process:
- Strategy session: We set goals for kids, home, and finances, and choose a track—uncontested, mediation, or contested. See our Divorce overview.
- Filing & service: We draft and file the Petition for Dissolution and handle proper service.
- Financial disclosure: Each side exchange requires forms covering income, assets, and debts. Our checklists keep this organized.
- Parenting plan (if kids): Florida requires a Parenting Plan that sets the time-sharing schedule, how day-to-day tasks are shared, who makes decisions for health/school/activities, and how parents will communicate. See Parenting Plan and Time-Sharing.
- Mediation/negotiation: We work to settle fairly without a hearing when possible. See Mediation Services.
- Hearing or trial (if needed): If no agreement is reached, a judge decides after hearing both sides. We prepare you for what to expect.
- Final judgment & follow-up: We help with title transfers, account updates, and any post-judgment questions.
Kids first: Florida focuses on children's well-being. We build practical schedules around school, work, and activities. Learn more about Time-Sharing and Child Support. Under Fla. Stat. §61.13, there is a rebuttable presumption that equal time-sharing is in a child's best interests; the court may order a different schedule if the presumption is rebutted.
Choosing the Right Miami or Orlando Divorce Lawyer for Your Case
Deciding to end a marriage is difficult, but choosing a divorce lawyer in Miami or Orlando doesn't have to be. Our team helps you keep the process steady and as low-stress as possible, whether your case is simple or complex.
There are many details to handle before a divorce is final. A Miami- or Orlando-based divorce lawyer can help you review each part of your case and avoid mistakes.
During a time like this, you deserve a lawyer who listens, explains options in plain language, and advocates for your interests at every step. Our team is bilingual—fluent in English and Spanish—so you can discuss your case in the language you're most comfortable with. At Segarra & Associates, P.A., we understand how emotional this can feel. We guide you through each stage so you can close one chapter and begin the next with a clear plan.
Common Mistakes to Avoid During Divorce
Divorce involves complex legal requirements, and small mistakes create costly delays. Here are key pitfalls to avoid:
- Hiding assets or failing to disclose income: This violates court rules and damages your credibility with the judge. Complete financial transparency is not optional—it's required. We help you organize tax returns, bank statements, retirement account records, and business documents so your financial disclosure is thorough and accurate.
- Careless social media activity: Social media posts often become evidence in contested divorce cases. Vacation photos, new purchases, and comments about your spouse or children can hurt your case when presented to the judge. We advise clients to limit social media activity during divorce and think carefully before posting anything that might be misinterpreted or used against them.
- Involving children in adult conflicts: Using children as messengers or involving them in adult disputes harms your case and damages your relationship with your children. Florida courts expect parents to shield children from conflict and encourage healthy relationships with both parents. Badmouthing your spouse to the children, interrogating them about the other parent's activities, or refusing to follow court orders reflects poorly on you and can affect time-sharing and parental responsibility decisions.
- Making major financial decisions without legal guidance: Transferring property, closing joint accounts, or taking on new debt during divorce proceedings can complicate property division and affect settlement negotiations. Before making significant financial moves, consult with us to understand the potential legal consequences.
We Also Work on Agreements/Children's Issues
In addition to divorce representation, our firm also works with clients on agreements and children's issues that often require attention during or after the divorce process. We assist with the negotiation and drafting of marital settlement agreements, parenting plans, and related arrangements, as well as matters involving time sharing, parental responsibility, and child support. Our goal is to help clients address these issues clearly and thoughtfully, with an emphasis on practical solutions that support stability and compliance with court requirements. Whether matters are resolved by agreement or require court involvement, we provide guidance focused on clarity, consistency, and the long-term needs of the family.
Service Areas
We serve families across:
- Miami-Dade County
- Orlando & Central Florida
Explore our location pages for courthouse logistics and meeting options.
Frequently Asked Questions
How Long Does a Divorce Take in Miami?
How long a divorce takes in Miami depends on whether it's uncontested, mediated, or contested; uncontested cases may move faster, while contested cases take longer due to discovery, mediation, and court time.
Do We Have to Go to Court if We Agree on Everything?
Often, a brief final hearing is required. In some situations, the court may process an uncontested case on the papers via the Miami-Dade Special Affidavit for Uncontested Dissolution (no final hearing is set). We'll confirm what your assigned judge requires and whether any appearance is needed in your case.
Is Mediation Required in Florida Divorce Cases?
Not always. Courts commonly order mediation in contested family cases before trial by written referral. Uncontested matters may not require mediation. We'll advise based on your judge's procedures and timeline.
Can You Help With Parenting Plans and Child Support?
Yes, we can help with parenting plans and child support. We draft Parenting Plans, create workable time-sharing schedules, and calculate support using Florida guidelines based on income and allowable adjustments.
We Can Help With Family Law
Divorce is a major life change, but you don't have to handle it alone. At Segarra & Associates, P.A., we guide you from the first call to the final judgment with steady communication and local, courtroom-day know-how. Whether you're in Brickell, Coconut Grove, Kendall, Doral, Coral Gables, or downtown Orlando, we'll meet you where you are and focus on practical progress. Explore our Areas of Practice to see how we can help across family law.
Our firm serves Miami-Dade and Orlando families with clear steps, organized paperwork, and a plan that matches your goals today and your needs tomorrow. When you're ready, visit Contact Us to schedule your consultation and start building your next chapter with confidence.
Go Through Divorce With Confidence
Call Segarra & Associates, P.A. at (305) 742-5042
Disclaimer: This article provides general information and does not serve as legal advice. For legal concerns, consult a licensed attorney. Viewing or interacting with this content does not create an attorney-client relationship. This includes submitting a form, leaving a comment, sending a message, making a call, or leaving a voicemail. Laws may vary by jurisdiction. Laws are subject to change; always verify current legal requirements with a qualified professional. Remember that each case is different, the results of each case will vary, and that all videos posted on this website are not legal advice.
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Engagement Notice:
An attorney–client relationship with Segarra & Associates, P.A. begins only upon a written agreement and retainer payment, confirmed in a signed engagement letter. Do not send confidential information until such an agreement is executed.
Jurisdictional Statement:
Segarra & Associates, P.A. practices law exclusively within the State of Florida. Representation in other jurisdictions may involve association with local counsel.
