Understanding Florida’s Divorce Process: What Every Miami Couple Should Know
Divorce is never an easy decision. Whether you’ve been married for two years or twenty, separating your life from your partner’s brings emotional, financial, and legal challenges. In Florida, the divorce process — officially known as “dissolution of marriage” — involves specific steps and legal requirements that every couple should understand before moving forward.
At Bickman Law, we help Miami residents navigate divorce with compassion and strategic legal guidance. With over 15 years of trial experience, our firm understands how to balance emotional support with sharp legal strategy to protect your family, your finances, and your future.
The Basics of Divorce in Florida
Florida is a no-fault divorce state, meaning that neither spouse has to prove wrongdoing, like adultery or abandonment, to file for divorce. Instead, one or both spouses can simply state that the marriage is “irretrievably broken.” This simplifies the filing process but doesn’t necessarily make the legal or emotional aspects easier.
To file for divorce in Florida, at least one spouse must have lived in the state for at least six months before filing. Residency is usually proven through a Florida driver’s license, voter registration card, or a witness affidavit.
Key Terms to Understand
- Petitioner – The spouse who files the divorce petition.
- Respondent – The spouse who receives the divorce papers.
- Marital Assets – Property or debts acquired during the marriage.
- Non-Marital Assets – Property owned before the marriage or obtained by inheritance or gift during the marriage.
Step 1: Filing for Divorce in Miami-Dade County
The process begins when one spouse files a Petition for Dissolution of Marriage with the family court. This petition includes information about the marriage, any children involved, and requests for specific relief such as alimony, child support, or division of property.
Once filed, the other spouse must be formally served with divorce papers. Florida law gives them 20 days to file a response. This stage officially begins the legal process and sets the timeline for the rest of the proceedings.
At Bickman Law, we ensure that this first step is handled efficiently and with discretion. Our team prepares and files all documents properly to avoid unnecessary delays or technical errors.
Step 2: Financial Disclosures and Discovery
One of the most essential parts of a Florida divorce is financial transparency. Both spouses must provide detailed financial disclosures — including income, bank statements, tax returns, real estate holdings, and debts.
This stage, known as discovery, allows each side to understand the complete financial picture before negotiations begin. It ensures that property division and support decisions are fair and based on accurate information.
Failure to disclose assets can lead to serious legal consequences, including sanctions or the reopening of the case after a final judgment.
Our firm works with financial experts when needed to ensure all marital assets are appropriately identified, valued, and divided.
Step 3: Negotiation, Mediation, and Settlement
In Florida, couples are required to attempt mediation before taking their divorce to trial. Mediation provides a structured, neutral environment to discuss key issues like:
- Division of assets and debts
- Child custody and visitation
- Child support
- Alimony
A neutral mediator facilitates the discussion, helping both parties reach a mutually agreeable solution. Mediation often saves time, stress, and significant legal expenses compared to a courtroom trial.
However, if the parties cannot reach a full agreement, unresolved issues move forward to the next step — trial.
At Bickman Law, we prioritize resolution through negotiation whenever possible. But when mediation fails, our extensive trial experience enables us to strongly advocate for our clients in court.
Step 4: Division of Property and Assets
Florida follows the principle of equitable distribution, meaning marital property is divided fairly — but not necessarily equally. Courts consider several factors when determining how to divide assets, including:
- The duration of the marriage
- Each spouse’s economic circumstances
- Contributions to the marriage (financial and non-financial)
- Interruptions to personal careers or education
- Intentional dissipation of marital assets
Marital property can include homes, vehicles, investments, retirement accounts, and even businesses.
Our role at Bickman Law is to ensure that your rights are protected and that you receive your fair share under Florida law. We analyze complex asset structures — from real estate to international holdings — to build a solid case for equitable division.
Step 5: Alimony and Spousal Support
Alimony, or spousal support, is often one of the most contentious issues in divorce. Florida law allows several types of alimony depending on the length of the marriage and the financial circumstances of each spouse:
- Temporary Alimony – Support during the divorce process.
- Bridge-the-Gap Alimony – Short-term support to help a spouse transition to single life.
- Rehabilitative Alimony – Designed to help a spouse gain education or training to become self-sufficient.
- Durational Alimony – Provides support for a set period after a medium-length marriage.
- Permanent Alimony – Reserved for long-term marriages when one spouse cannot reasonably maintain their standard of living.
Recent legislative updates in Florida have reformed how courts approach permanent alimony, focusing on fairness and financial independence for both parties.
Our firm carefully evaluates each case to determine the appropriate level of support and fights to achieve results that align with our clients’ goals — whether that means securing fair payments or minimizing excessive financial obligations.
Step 6: Child Custody and Support
When children are involved, custody and visitation (legally called “time-sharing”) become the most critical aspects of a divorce case.
Florida law emphasizes that both parents should have continuing, meaningful relationships with their children whenever possible. Custody decisions are based on the best interests of the child, which include factors such as:
- Each parent’s ability to provide a stable environment
- The child’s schooling and medical needs
- The moral fitness and mental health of each parent
- The child’s preference (depending on age and maturity)
Child support is calculated based on a state formula considering each parent’s income, the child’s expenses, and time spent with each parent.
At Bickman Law, we guide parents through custody and support negotiations with sensitivity and precision. Our goal is always to protect your relationship with your child while ensuring that financial responsibilities are fairly distributed.
Step 7: The Final Hearing and Judgment
Once all issues are resolved — either through settlement or trial — the court will issue a Final Judgment of Dissolution of Marriage. This document officially ends the marriage and outlines all terms regarding property, custody, support, and other matters.
After the judgment is entered, both parties must comply with its terms. However, if circumstances change (such as a job loss or relocation), modifications to custody or support can be requested.
Attorney Joshua Bickman personally ensures that each client fully understands the final order and that their rights remain protected even after the case is closed.
Common Mistakes to Avoid During a Florida Divorce
Divorce is as much an emotional process as it is a legal one. Some of the most common mistakes we see clients make include:
- Making major financial decisions without consulting their attorney.
- Using children as leverage in disputes.
- Ignoring court deadlines or failing to provide complete financial documents.
- Relying on informal agreements without legal documentation.
- Posting sensitive details on social media that can be used in court.
Avoiding these pitfalls can prevent complications and ensure that your divorce proceeds as smoothly as possible.
Why Choose Bickman Law
Choosing the right Miami divorce attorney can make the difference between a chaotic process and a strategic, well-managed resolution. At Bickman Law, we provide:
- Personalized attention – You work directly with Attorney Joshua Bickman, not a paralegal or junior associate.
- Trial experience – Over 15 years of courtroom success in family and domestic cases.
- Compassionate advocacy – We understand the emotional toll of divorce and approach every case with empathy and discretion.
- Strategic solutions – Every client receives a custom strategy designed to achieve the best possible outcome.
We don’t just represent clients — we partner with them to protect their families, finances, and futures.
Speak Directly with a Miami Divorce Attorney Today
If you’re considering divorce or have already been served papers, you don’t have to face the process alone. Bickman Law is here to guide you every step of the way — from filing to final judgment.
Call (305) 409-3636 today to schedule a confidential consultation with Attorney Joshua Bickman and discuss your case. Together, we’ll help you move forward with clarity, confidence, and peace of mind.