Question: Can we finalize our divorce without going to court if we agree on everything?

Asked in Miami, FL | November 22, 2024

My husband and I are considering divorce, but we've agreed on how to divide our assets and handle child custody. Is it possible to finalize our divorce without going to court in Miami, FL?

Answered by 1 attorney
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Roberta Mandel
Answered by:

Roberta Mandel

Miami, FL
Mandel Law Group, P.A. 305-233-5041
Answer

Yes, parties may finalize their dissolution of marriage themselves if they are able to agree on everything. If the parties have no property or dependent or minor children, they merely need to file Fla. Fam. Law R. Form 12.990(b)(3) in the family court. If the parties have property, but no minor or dependent children they can, instead file Fla. Fam. L. Form 12.990(b)(2).They also may file Fam. Law. R. Form 12.990(b)(1) if they have minor children but own no property. Uncontested dissolutions include only those cases where the parties have entered into a written property settlement agreement if they own property and/or written child support and time-sharing/parenting agreements if they have minor children. If the parties have minor children and they have not yet signed a written settlement agreement, they will have to mediate all issues pertaining to child custody, support and time-sharing with the family mediator in the Court's Alternative Dispute Resolution Office or the Mediator's Office. One of the parties will then have to ask the Unified Family Court Case Manager for a hearing on the uncontested dissolution of marriage on the court's uniform motion calendar. As an attorney who has practiced law for over forty years, I highly recommend the parties engage an attorney to review their pro-se settlement agreements to make sure that all bases have been covered to fully protect themselves, their property and/or their children.

March 31, 2025
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