For undocumented immigrants who may be facing a divorce, it is important to understand how some of the divorce and immigration rules work together.
Residency Requirement for a Florida divorce
Most people wanting to know how to get a divorce in Florida come across the requirement that they must be a resident of Florida for at least six (6) months before filing the petition for divorce. Under the Florida Statute 61.021 (F.S. 2026), residency for divorce means that have been living in Florida for at least six (6) months with the intent to make Florida your home. This means that someone in Florida for six months but with a home, license and life elsewhere can fail this test.
As you can see, a residency requirement for divorce in Florida is not related to immigration status; it has nothing to do with your immigration status in the United States.
However, that doesn’t mean that you should go ahead and get a divorce if you are about to begin proceedings related to your immigration status, or are in the middle of adjusting your residency status.
Ways to prove residency in a Florida divorce
In order to prove residency in Florida for purposes of a divorce, there is another divorce section which states what documents can be used to do so. Section 61.052(2) (F.S. 2026) states that the following are good way to prove this form of residency:
valid Florida driver license,
a Florida voter’s registration card,
a valid Florida identification card issued, or
the testimony or affidavit of a third party.
An undocumented person may not have a Florida driver’s license, Florida ID card, or a Florida voter registration card.
Therefore, the choice of proof left is the testimony or affidavit of a third party. This means someone who knows you, who themselves live in Florida and know that you have been living in Florida for at least six (6) months before you file the petition for divorce.
If you cannot establish residency, your petition is subject to dismissal — and the filing fee paid to the clerk is non-refundable.
Immigration issues and a Florida divorce
While you may be able to get divorced in Florida regardless of your immigration status, you should discuss divorce first with your immigration attorney, not with a family attorney.
Once you have done so, you can then make an informed decision as to whether you should proceed to get a divorce–that’s when you speak with a divorce attorney. You need to make your family attorney aware of any issues regarding immigration that may be impacted by the divorce, including any deadlines applicable to your immigration status or pending proceedings.
Is it safe to file for your Florida divorce?
In Florida, there is no requirement that a family court notify anyone about a litigant’s immigration status. However, you must keep in mind that court files are public records, and other people involved in a case aren’t bound by the same limits. Keep that in mind as you decide whether to file for a Florida divorce.
How long does it take for a Florida divorce?
Once the residency requirement is met, the fastest divorce is an uncontested divorce. These are the ones where you and your spouse agree that you will get divorced, and also agree on all other things that need to be resolved: property, debt and issues related to children (if there are any of the marriage).
It is not necessary for a spouse to agree to the divorce because Florida is a no-fault divorce; no consent or agreement from your spouse is needed. But you want to know whether they agree and will sign, because a spouse who signs a waiver of service can move the case forward faster. If your spouse won’t sign, they must be formally served — and if they then dispute any issue, the case becomes contested and takes longer.
In Miami-Dade, an uncontested divorce can be completed in less than 30 days.
Find out which path you’re on
If you and your spouse agree on everything, you may not need an assessment at all — a flat-fee uncontested divorce starts at $750 plus the court filing fee, and it’s the faster route when timing matters for an immigration filing.
If you’re not sure your spouse will cooperate, or you don’t know whether your case will be contested, start with a $250 Case Assessment Session. It’s a flat fee whether we talk for 30 minutes or two hours. You’ll complete a short questionnaire first so I can review your situation before we speak — which means the session is spent on answers, not background. You’ll leave knowing where you stand, what comes next, and what it’s likely to cost.
Call (305) 710-9419 or ask me to call you. I’ll follow up within one business day.
If you’re heading into a Miami divorce and money is part of the conversation, you’ve probably searched “how is alimony calculated in Florida.” Fair question — and the honest answer is: it’s not a single number you plug into a calculator. It’s a two-part test, followed by a formula, followed by a list of factors a judge weighs against your specific facts.
Here’s what changed the game: since July 1, 2023, Florida no longer allows permanent alimony. Every case filed today is governed by a rewritten Florida Statute 61.08, and understanding it is the difference between guessing at a number and actually knowing what to expect. Let’s take a closer look and break it down.
Step 1: Need and Ability to Pay
Before any math happens, a judge must first answer this two-part question: does the spouse asking for alimony actually have a documented financial need, and does the other spouse have the financial ability to pay?
If either answer is no, the claim for alimony is denied — the analysis stops there. This may mean, for example, that a spouse asking for alimony may have an actual need, but the other spouse may not have the financial ability to pay.
This is why financial affidavits, tax returns, and pay records matter so much from the very start of a case. Weak documentation on either side can decide the outcome before the formula ever comes into play.
Obviously, simply being married does not, by itself, entitle anyone to automatically receive alimony.
Step 2: Which Type of Alimony Fits Your Case?
Assuming need and ability to pay are both established — both answers to the question in Step one is “Yes” — the court chooses from four remaining types of alimony under Florida law:
Temporary alimony — support during the divorce case itself, ending at final judgment. Receiving alimony during the litigation itself does not mean that the spouse will not receive additional alimony after the end of the case.
Bridge-the-gap alimony — short-term help for an identifiable transition need to assist the spouse receiving to make a financial transition from being married to being single, capped at 2 years.
Rehabilitative alimony — funds a specific, documented plan for education or job training, capped at 5 years.
Durational alimony — periodic payments for a set period of time; the closest replacement for the old permanent award.
Which type applies depends heavily on how long you were married, measured from your wedding date to the date the divorce petition was filed:
Marriage Length
Category
Under 10 years
Short-term
10 to under 20 years
Moderate-term
20+ years
Long-term
Marriages under 3 years generally aren’t eligible for durational alimony, though bridge-the-gap or rehabilitative support may still apply if there’s a genuine short-term need.
Step 3: The 35% Formula
For durational alimony, Florida law sets a rebuttable presumption: the recipient’s reasonable need is capped at whichever is less — their actual documented need, or 35% of the difference between the spouses’ net monthly incomes.
What is a rebuttable presumption? It is a legal assumption that a fact is true unless it is proven otherwise by clear and convincing evidence.
Example: You take home $8,000/month net; your spouse takes home $3,000/month net. The difference is $5,000. Thirty-five percent of that is $1,750 — the presumed monthly ceiling. If your spouse’s actual documented need is only $1,200/month, the lower figure controls instead.
This is a starting point, not an automatic award. It can be challenged with evidence on either side, and judges are required to make written findings explaining exactly how they arrived at the number.
Step 4: The Other Factors That Shape the Number
The formula gives a ceiling — not the full picture. Under Florida Statute 61.08(2), judges also weigh:
The standard of living established during the marriage
Each spouse’s age, physical condition, and emotional health
Each spouse’s financial resources, including marital and non-marital assets
Contributions to the marriage, including homemaking and child-rearing
The time needed for the requesting spouse to gain education or job skills
All sources of income available to either spouse
Two Miami couples with identical incomes can walk away with very different alimony outcomes depending on how these factors apply to their marriage.
What If You Were Never Married?
Alimony only applies in a divorce. If you and your partner were never married, alimony does not apply. In addition, if you are in a relationship from which you have a child but were never married , the relevant legal issues are paternity, timesharing, and child support — not spousal support. Establishing paternity is its own process with its own deadlines, and it’s worth handling correctly from the start.
Flat-Fee Services
If you and your spouse already agree on alimony, property, and any child-related issues, you may qualify for my flat-fee uncontested divorce, — no hourly billing, typically finalized in under 30 days. To be clear, this means that I represent you, the spouse that contacts me, not both spouses—attorneys can only have one client. if you have an agreement with your spouse and you have questions, I can provide you unlimited legal advice throughout the process, and prepare all the necessary legal documents, including the agreement.
If your case involves a child born outside of marriage, ask about flat-fee paternity services to establish paternity, set a parenting plan, or get child support in place.
On the other hand, if you have questions about your legal rights about divorce, paternity and related family issues, schedule a $250 case assessment session and I will walk you through your rights and the process for your particular situation.
No single government calculator exists. Some legal websites offer estimate tools based on the 35% formula and duration caps, but these only produce a rough ceiling — not a legally binding number. Your actual award depends on the full set of statutory factors applied to your case.
Does adultery affect alimony in Florida?
A court may consider adultery and any resulting economic impact when deciding alimony, but it is one factor among many — not an automatic penalty or bar to receiving support.
Is alimony taxable in Florida?
For divorce agreements executed after 2018, alimony is generally not tax-deductible for the payer and not taxable income for the recipient under federal law. Consult a tax professional for guidance specific to your situation.
What if my spouse and I agree on the alimony amount ourselves?
Courts generally respect a fair settlement agreement reached between spouses, provided it’s supported by full financial disclosure. Agreeing on alimony is often what allows couples to qualify for a flat-fee uncontested divorce instead of costly litigation.
This article is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Florida alimony law is fact-specific — consult a licensed Florida family law attorney about your individual situation. Vivian C. Rodriguez is a licensed attorney in the State of Florida.
Miami-Dade County Public Schools opens Thursday, August 13, 2026. For most families that date means a supply list and a slightly earlier alarm. For co-parenting families, it means something else: every gap in your parenting plan that summer flexibility quietly absorbed is about to become a scheduling problem with a deadline attached.
I see the pattern every year. Parents who got through June and July without a single argument are back in my office in September, because nobody decided in advance who handles Wednesday early release, who signs the field trip form, or who pays the activity fee.
Most of that is preventable in an afternoon. Here’s how to spend it.
Why August Is a Busy Month in Miami Family Court
Summer is forgiving. Schedules are loose, one parent covers when the other can’t, and the arrangement holds because nothing is on the line.
The school year removes the slack. It introduces fixed times, mandatory forms, a physical location the child has to be at every morning, and a stream of costs that arrive in a single compressed month. Anything vague in your parenting plan gets tested immediately, and it gets tested in front of your children.
The disputes that land in front of a judge in the fall are rarely about anything dramatic. They are about a parent who wasn’t told about a parent-teacher conference. A weekly early release nobody accounted for. A registration form signed by one parent without telling the other. Small things, compounding, until one parent decides the pattern is the problem and files.
Two weeks of planning now is the cheapest legal work you will ever do.
The 2026–2027 M-DCPS Calendar Dates Every Co-Parent Should Map
Pull your parenting plan and the district calendar up side by side. Map these against your time-sharing schedule and flag every conflict:
Date
What it is
Thursday, August 13, 2026
First day of school
November 23–27, 2026
Thanksgiving recess
December 21, 2026 – January 1, 2027
Winter recess
March 22–26, 2027
Spring recess
Thursday, June 3, 2027
Last day of school
Two items that catch people out:
Wednesday early release. Elementary students (grades 2–5) and K–8 Center students (grades 2–8) are released an hour early every Wednesday. That is roughly 36 hours of childcare across the year that somebody has to cover.
Teacher planning and professional development days. These are scattered through the calendar, students are out, and most parenting plans say nothing about them. They are not holidays under your order, which means the default schedule governs — and the parent who happens to have a workday gets stuck.
Check dadeschools.net for the official calendar and any board revisions before you rely on these dates.
School Records and Parental Responsibility in Florida: What Both Parents Are Entitled To
This is the single most common misunderstanding I encounter, so let me be direct about it.
Time-sharing and parental responsibility are two different things. Having the majority of overnights does not give you control over the child’s education or the right to be the only parent the school talks to.
Florida law is explicit. Under section 61.13(2)(c)7 of the Florida Statutes, access to records and information about a minor child — including medical, dental, and school records — may not be denied to either parent. Those rights apply fully to both parents unless a court order specifically revokes them, including restrictions imposed by a domestic violence injunction. A parent with those rights has the same access as the other parent in form, substance, and manner, and that expressly includes in-person communication with the child’s education providers.
Practically, that means both parents should:
Register separately on the M-DCPS Parent Portal, each with their own login. A shared login is not access; it is access at the other parent’s pleasure.
Appear on the emergency contact and pickup authorization forms.
Receive school communications directly rather than relayed through the other household.
If your final judgment or an injunction restricts one parent’s access, give the school registrar a copy so they can apply it correctly. If it doesn’t, both parents are entitled to be in the loop — and cutting the other parent out isn’t a strategy. It’s a fact pattern the other side will bring to a judge, and it tends to land badly.
Who Pays for Supplies, Uniforms, and Activity Fees?
Back-to-school costs arrive all at once: supplies, uniforms, backpacks, technology fees, sports physicals, aftercare enrollment, activity deposits.
Read your parenting plan or final judgment and find out what it actually says. Many Florida child support orders address the guideline amount, health insurance, and childcare, and say nothing at all about extracurricular or school-related expenses. If yours is silent, those costs are a negotiation every August, forever, unless you fix the document.
A few practical rules while you sort it out:
Agree in writing before you spend. A text message confirming “I’ll cover uniforms, you cover the technology fee” is a record. A verbal agreement in a parking lot is not.
Keep receipts for anything you expect to be reimbursed.
Don’t self-help. Deducting what you think the other parent owes for school supplies from your child support payment is not a remedy. It is a violation, and it turns you into the party explaining yourself to the court.
If you are already contemplating a modification for another reason, this is worth folding into the same petition. Two trips to court cost roughly twice what one does.
When a Move Changes the Child’s School: Relocation Basics
Parents often assume any move that changes the child’s school is a “relocation” requiring court approval. That isn’t quite right, and the distinction matters.
Under section 61.13001, Florida Statutes, relocation has a specific definition: a change in the parent’s principal residence of at least 50 miles from the residence at the time of the last order establishing or modifying time-sharing, lasting at least 60 consecutive days — not counting temporary absences for vacation, education, or the child’s health care. Both thresholds have to be met. A move that qualifies requires either a written agreement signed by the parties or a petition to relocate, and the statute imposes specific notice requirements and a short window for the other parent to object. Moving without complying carries real consequences.
But most Miami-Dade moves are well under 50 miles. Coral Gables to Kendall does not trigger the relocation statute—although they might feel millions of miles apart because of traffic patterns.
That does not make it a non-issue. If the move changes the child’s school assignment, that is an educational decision, and under shared parental responsibility it is one both parents participate in. One parent cannot unilaterally re-enroll the child somewhere else and present it as settled.
There’s also a provision worth knowing that runs the other direction: under section 61.13, if the parents were living more than 50 miles apart when the last time-sharing order was entered and one parent then moves within 50 miles of the other, that move may be treated as a substantial and material change in circumstances supporting a modification — provided the modification is in the child’s best interests. A move closer can open the door to a schedule that wasn’t practical before.
Enforcing a Parenting Plan the Other Parent Won’t Follow
If the other parent is withholding the children, refusing exchanges, or ignoring the school-year schedule, you have options. Depending on the circumstances, you may be entitled to makeup time-sharing for parenting time you were denied, enforcement of unpaid support, and in some cases attorney’s fees.
The thing to understand is that enforcement gets harder the longer you wait. A pattern you tolerated from August through December is a pattern you appeared to accept. Judges notice the gap between when the violations started and when you finally did something about them.
Document as you go. Dates, times, what was supposed to happen, what did. Keep it factual and unemotional — you are building a record, not writing an argument.
When to Modify Instead of Argue
Sometimes the schedule genuinely doesn’t work anymore. The child changed schools, started a sport that meets four nights a week, or aged into a routine the original plan never contemplated.
To modify a parenting plan or time-sharing schedule in Florida, you must show a substantial and material change in circumstances, and that the modification is in the child’s best interests. Effective July 1, 2023, the Legislature removed the older requirement that the change also be unanticipated — a meaningful shift that made some modifications reachable that previously were not. Florida law now also applies a rebuttable presumption that equal time-sharing is in the child’s best interests.
Whether your specific facts clear that bar is a case-by-case question, and it is worth answering honestly before you spend money finding out. Not every frustrating situation is a modifiable one. Some are, and waiting costs you.
Get a Straight Answer Before You File
If you’ve worked through this checklist and hit a wall — the other parent won’t cooperate on school decisions, the schedule no longer functions, or someone is talking about moving — the useful next step is finding out where you actually stand.
A $250 Case Assessment Session gives you a clear read on whether you have a case worth bringing, what it is likely to cost, and what to expect. Going back to court is expensive. Finding out you shouldn’t is considerably cheaper than finding out too late that you shouldn’t have.
Call (305) 710-9419 to schedule your Case Assessment Session, or request a callback and I’ll reach out.
Frequently Asked Questions
Can both parents access school records in Florida? Yes. Under Florida Statutes, access to a minor child’s records — including school records — may not be denied to either parent, unless a court order specifically revokes that right. This applies regardless of which parent has more overnights.
Does my ex need my permission to change our child’s school? If you share parental responsibility, educational decisions are made jointly, and one parent generally cannot unilaterally change the child’s school. If the move is also 50 or more miles and lasts 60 or more consecutive days, Florida’s relocation statute may apply separately.
What happens if my ex won’t follow the parenting plan during the school year? You can ask the court to enforce the order. Depending on the facts, remedies may include makeup time-sharing, enforcement of support, and in some cases attorney’s fees. Document violations as they happen and act promptly.
How do I change my time-sharing schedule for the school year? You need a court order. To modify, you must show a substantial and material change in circumstances and that the change is in your child’s best interests. Informal verbal agreements between parents are not enforceable.
Is a move within Miami-Dade County a “relocation” under Florida law? Usually not. Florida’s relocation statute applies to moves of 50 or more miles lasting 60 or more consecutive days. Most moves within Miami-Dade fall short of that — but they may still require agreement on school decisions, and may support a modification.
This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Family law is fact-specific and your situation is unique — consult an attorney about your individual circumstances. Vivian C. Rodriguez is licensed to practice in the State of Florida.
Vivian C. Rodriguez, P.A. | One Alhambra Plaza, PH Floor, Coral Gables, FL 33134 (by appointment) | (305) 710-9419
In the last post, I wrote about keeping the end in mind when it comes to children in a divorce or paternity case — specifically, creating a parenting plan centered on what is best for your child. Florida statutes and Miami-Dade courts set that standard clearly.
But when it comes to your well-being as an adult going through a divorce in Miami, the law is largely silent.
Florida family courts decide property division and alimony if you and your spouse cannot agree — and that’s where their role ends. Your emotional health, your sense of closure, your path forward? Those are yours to define. As a I’ve seen clients walk out of a finalized divorce feeling lost because they never identified what they actually wanted from the process beyond “getting it over with.”
Some clients weave hopeful and positive language into their initial conversations with me, which tells me that they have thought about their situation beyond the legal mechanics of the process. Others, not so much.
Even when your spouse may be hard-set on making the dissolution process a difficult one, you can still have your own approach to take care of your emotional health, get your own sense of closure, and plan your path out of I a way that works for you
Why Your Personal Goal Is the Real Guiding Star
Money and property are only part of the equation in a divorce. If you and your spouse cannot agree on asset division, alimony, or child-related issues, a judge will decide those for you. But no judge will hand you emotional closure, co-parenting peace, or a clear sense of direction for the next chapter of your life.
That has to come from you — and setting that intention early changes how you approach every decision in the process.
Here are some of the healthiest end goals I see divorce clients set for themselves:
Healing and Closure — Processing emotions and moving forward without lingering resentment or unresolved conflict.
Effective Co-Parenting — Building a respectful, child-centered relationship with your former spouse, especially critical in paternity cases where parents were never married.
Personal Growth — Using the transition as an opportunity to realign with your values and long-term goals.
Emotional Resilience — Developing the coping tools to manage stress and anxiety throughout — and after — the legal process.
A New Beginning — Envisioning a concrete, positive future rather than staying focused only on what’s ending.
How an Uncontested Divorce in Miami Supports Every One of These Goals
This is where legal strategy and personal goals align perfectly. Negotiating an uncontested divorce in Miami — where you and your spouse agree on all issues before filing — is one of the most powerful ways to protect both your emotional well-being and your financial future.
No courtroom battles. A contested divorce in Florida can drag on 3 to 12 months or longer, draining energy and assets. An uncontested divorce is typically completed in under 30 days — with no court hearing required.
Cost certainty. Many family attorneys are offering flat-fee legal services–no hourly fees. I do as well. My flat fee service includes unlimited legal advice, document preparation, court filing, and obtaining your final divorce decree. No hidden charges. No hourly billing surprises.
You stay in control. Rather than leaving life-altering decisions to a judge, you and your spouse shape the outcome together. That sense of agency is itself a form of healing.
Less conflict, better co-parenting. Couples who negotiate their own agreements tend to communicate more effectively after the divorce — which directly benefits children in both divorce and paternity cases.
Preserved financial resources. Every dollar not spent on litigation is a dollar that stays in your household as you rebuild.
Paternity Cases: The Same Goals Apply
Everything above applies equally if you are an unmarried parent in Miami navigating a paternity case. Whether you need to establish paternity, create a parenting plan, set child support, or modify an existing order, having a clear personal goal — beyond “winning” — leads to better outcomes for your child and for you.
Paternity cases follow the same fee structure as divorce at our firm. Start with a $250 Case Assessment Session to understand your rights, your options, and realistic costs before committing to full representation.
Practical Steps to Reach Your Emotional Goals Through Negotiation
If an uncontested divorce or a cooperative paternity agreement aligns with your goals, here’s how to get there:
Define your non-negotiables early. Know what matters most to you — whether that’s the family home, a specific time-sharing schedule, or simply a respectful process — so you don’t lose sight of it under pressure.
Communicate with intention. Approach conversations with your spouse focused on solutions, not grievances. This is harder than it sounds, but it is achievable — especially with professional guidance.
Get clear on the legal landscape first. Before any negotiation, understand your rights. Get a consultation with a family lawyer so you understand your rights. Again, many family attorneys offer consultations. However, I’m not talking free consultations, where the time offered is limited. Most attorneys will offer you a longer, paid consultation to fully explain legal issues and apply them to you r situation. In my case, I offer a $250 Case Assessment Session to give you a realistic picture of what you’re entitled to, what to expect in court if needed, and what a fair agreement may look like — so you negotiate from knowledge, not fear.
Consider mediation or collaborative divorce. These structured approaches are especially helpful when communication with your spouse is difficult but both parties prefer to avoid litigation.
Ready to Move Forward on Your Terms?
If you are considering a divorce in Miami — uncontested or otherwise — or facing a paternity matter in Miami-Dade County, and don’t want to navigate it alone, I can help.
📞 Call (305) 710-9419 or request a callback to schedule your Case Assessment Session. I’ll review your situation and give you clear answers — so you know exactly what to expect and what it will cost.
FAQ: What Is Your End Goal in Your Miami Divorce?
Q: Do I need a lawyer to get an uncontested divorce in Miami? A: You are not legally required to hire an attorney, but working with a Miami divorce attorney — even for an uncontested case — protects you from costly mistakes in the paperwork and ensures your agreement is enforceable. At Vivian C. Rodriguez, P.A., a flat-fee uncontested divorce starts at $750 (no children, property or debt), which includes unlimited legal advice if you need it, document preparation, filing, and your final divorce decree.
Q: What makes a divorce “uncontested” in Florida? A: A divorce is uncontested when both spouses agree on all issues before filing — property division, alimony (if any), child support, and time-sharing. If even one issue is disputed, the case becomes contested and will require litigation. An uncontested divorce in Miami is typically completed in under 30 days with no court hearing required.
Q: What if my spouse and I agree on most things but not everything — can we still avoid a contested divorce? A: Often, yes. Mediation or negotiation with your attorney’s guidance can resolve outstanding issues before they escalate to litigation. A $250 Case Assessment Session is a practical first step — it helps you understand where you stand on each issue and what a fair resolution looks like, so you can negotiate from a position of knowledge.
Q: How much does a flat-fee uncontested divorce cost in Miami? A: Attorney fees start at $750 for an uncontested divorce with no children, no property issues, and no alimony. This covers unlimited legal advice, all document preparation, court filing, and obtaining your divorce decree. Court filing fees are separate.
Q: How long does an uncontested divorce take in Miami? A: Most uncontested divorces handled by our firm are completed in under 30 days, depending on how quickly both parties sign and return documents and on court processing times in Miami-Dade County.
Q: What is a Case Assessment Session, and should I schedule one before filing? A: Yes — especially if you’re unsure whether your divorce will be uncontested. For a flat fee of $250, Attorney Rodriguez reviews your documents before the meeting so your session focuses on solutions and strategy, not background gathering. You leave with a clear picture of your legal rights, realistic next steps, and an estimated cost for full representation.
Q: I was never married — does any of this apply to my situation? A: Absolutely. Unmarried parents in Miami who need to establish paternity, create a parenting plan, set child support, or modify an existing order go through a paternity case rather than a divorce — but the process, goals, and fee structure are the same.
Q: Can setting personal goals really affect the outcome of my divorce? A: Yes, in a practical sense. Clients who approach their divorce with clear personal priorities — rather than just reacting to their spouse’s demands — make better decisions, negotiate more effectively, and experience less regret over the outcome. It also shapes whether you pursue an uncontested or contested path, which has a direct impact on cost and timeline.
Q: What if my spouse won’t cooperate with an uncontested divorce? A: If your spouse contests an issue, we are prepared to help you explore all legal avenues, including litigation. Vivian C. Rodriguez, PA specializes in predictable, flat-fee family law services designed to provide clarity and control over your legal costs. While we focus on negotiation to reach the best outcome for you, we maintain a trusted network of experienced litigators should formal court action become necessary. Start with a Case Assessment Session to clarify your rights and determine the most cost-effective strategy, often allowing you to resolve matters without ever needing to litigate.
Q: How do I get started with a Miami divorce or paternity attorney? A: Call (305) 710-9419 or request a callback, Attorney Rodriguez will contact you within 24 business hours.
This post is general information only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed Florida family law attorney.
Uncontested Florida parenting plans in divorce & paternity cases ensure child stability, reduce conflict, and avoid court-imposed schedules.
Navigating the family law system in Miami-Dade County can feel overwhelming. When your case involves children, such as in a divorce with children or a paternity case, your ability to maintain contact and participate on the upbringing of your children will depend on one critical document: the Parenting Plan.
For Miami families seeking an uncontested resolution, this document is not just a legal requirement—it is your most powerful tool for avoiding costly litigation, reducing stress, and ensuring a cooperative co-parenting relationship. By understanding how to craft a plan that works for your unique family dynamic, you can bypass the courtroom battles that drain your time and resources, securing a smoother path forward for you and your children.
The Purpose: More Than Just a Schedule for Miami Parents
In Florida, the law requires a Parenting Plan in every case involving minor children, regardless of whether the parents were ever married. The purpose isn’t to dictate who “wins” custody; it’s to eliminate ambiguity and outline how parents will share responsibilities and time with their children after separation or divorce, ensuring the child’s best interests are prioritized.
As a family attorney, I want to emphasize that there are no “winners” in custody disputes where one parent is totally cut out of a child’s life without legal justification. In such a case, the reality is very different, because the real loser is not the other parent, but the child.
For Miami parents, who often face complex logistical challenges like daily traffic hurdles in the County and lack of affordable caretakers while parents work, clarity is everything. When parents agree on a plan voluntarily (uncontested), they avoid the guesswork that often leads to future fights.
The plan serves three critical functions:
Clarity Over Conflict: By defining exactly when the child is with each parent (time-sharing) and how decisions are made (parental responsibility), you remove the “who says what” arguments that plague co-parenting relationships.
Stability for the Child: Children thrive on routine. A detailed plan ensures that school runs, medical appointments, and holiday traditions are predictable, reducing anxiety for the child.
Legal Protection: Once signed by a judge, the plan is a court order. If one parent tries to deviate from the agreed schedule later, the other has a clear legal path to enforce it.
Paternity Cases: Why the Plan Matters Even More
For unmarried parents, the stakes of the Parenting Plan are often higher because legal rights may not exist yet until a paternity action is filed and a plan is approved.
Establishing Fatherhood: In paternity cases, the court must first establish legal fatherhood. Without a court order, the father may have no legal right to time with the child, and the mother has no legal obligation to allow visitation.
The “Uncontested” Advantage: In an uncontested paternity case, both parents can agree on the plan before the judge signs off. This allows the father to immediately gain legal rights and the mother to secure child support and a reliable schedule, all without a judge imposing a “one-size-fits-all” solution after a costly and time-consuming litigation.
Avoiding the “Default” Schedule: If parents in a paternity case or divorce cannot agree, the court will impose a standard schedule that may not fit the family’s unique needs. By creating an uncontested plan, parents retain the power to design a schedule that works for their work lives, the child’s school, and their family culture.
How an Uncontested Plan Facilitates Agreement
The beauty of the Parenting Plan is that it forces parents to have the hard conversations before they are in a heated courtroom.
Focus on the Child: The process shifts the conversation from “I want the house” to “What is best for our child’s school district?”
Collaborative Problem Solving: When parents draft the plan together, they practice the very communication skills they will need as co-parents until their child reaches the age of 18.
Cost and Time Savings: An uncontested plan can be drafted and filed in a fraction of the time and cost of a contested trial. It avoids the emotional toll of litigation on both parents and children.
The Reality: Once you and the other parent have actively created a parenting plan that benefits the best interest of your child, that plan becomes your Bible—your road mapfor co-parenting.The Parenting Plan is the bridge between two separate lives and a unified approach to raising a child. In both divorce and paternity cases, it is the single most effective tool for turning a potential battle into a partnership.
Don’t Let Ambiguity Create Conflict
Whether you are ending a marriage or establishing a family, the goal is the same: a stable, happy future for your children. Relying on verbal agreements or vague understandings is a recipe for future legal battles, especially in a busy jurisdiction like Miami.
An uncontested Parenting Plan allows you to:
Maintain a respectful relationship with your co-parent.
Ensure your child’s needs are met with precision and care.
Keep your legal fees low.
If you are in a paternity case or a divorce and want to create a plan that works for your family, you don’t need a fight. You need a clear, legally sound agreement.
Ready to Turn Conflict into Cooperation? Don’t let ambiguity dictate your family’s future. Whether you are filing for divorce or establishing paternity in Miami, an uncontested Parenting Plan is your first step toward stability.
Contact me directly to discuss how we can draft a clear, legally sound agreement that puts your children first. I offer services for a flat-fee to help you create a parenting plan for you to discuss with the other parent—not need to hire me on an hourly basis for any other related service. Let’s build your road map to a peaceful co-parenting relationship together.
Navigating a Miami contested divorce in 2026: requirements, process steps, alimony, AI risks for pro se litigants, and when to hire an attorney.
In the Part I of Miami Divorce Options for 2026, I covered the paths to an uncontested divorce. Now, let’s tackle contested divorces—where disputes over property, alimony, parenting, or support can turn a straightforward process into a lengthy, costly battle.
Here’s the reality: 70% of contested divorces settle before trial, but without proper representation, pro se litigants (those representing themselves) risk costly mistakes, AI-generated errors, and unfavorable outcomes. This post will walk you through the 4-step contested divorce process, explain alimony in 2026, highlight AI risks you need to know about, and show you why hiring an experienced Miami divorce attorney is worth the investment.
Let’s dive in.
Florida Divorce Law Requirements
The first requirement for any divorce in Florida is that either you or your spouse must have lived in Florida for at least 6 months before filing a petition for dissolution of marriage.
For a contested divorce, the second requirement is that your spouse must be served with the divorce papers. If you don’t know where your spouse is, that is a different issue and set of circumstance which require a divorce by publication and I do not address those in the post.
From this point forward there are different legal principles applicable depending on what is involved in your situation:
Children (minors/dependent) – you will need to have a parenting plan, which deals with parental responsibility and time-sharing. Equal time-sharing is now the default, but this can be changed by a judge, depending on the best interest of the child/children, and what the allegations/evidence show as to why equal time-sharing should not be ordered in your case. You will also need to calculate child support according to the child support guidelines. You must attend a parenting class for parents, which can be done online.
Property and/or debt – You will need to deal with the division of property and debt, which is not always 50-50 and involves addressing property/debt acquired before the marriage. This statement assumes you do not have a prenuptial agreement.
Alimony – we can now forget about permanent alimony. Four types of alimony are now available: temporary, bridge-the-gap, rehabilitative, and durational alimony (subject to caps based on marriage length). There are also factors for the judge to consider in awarding alimony, such as earning capacity, age, health, and marital contributions when deciding awards.
All of the above issues must be addressed in a contested or litigated Florida divorce if it applies to your situation.
What Florida Divorce Law Does Not Require
Most people do not realize that Florida does not require a divorce trial. The only time a trial is required is when the parties do not agree on all of the above issues that needs to be addressed as part of a divorce.
Local family law rules, which are distinct from the Statutes, routinely require parties in a contested divorce to go to mediation before a trial. In Miami Family Court, you cannot even get a trial date until after you have gone to mediation and failed to reach an agreement.
Contested Florida Divorce Process
A contested divorce in Florida follows a structured process from filing to trial, with several key steps:
1. Filing and Service: The process begins when you or your spouse spouse files a Petition for Dissolution of Marriage with the court, outlining key issues such as property division, children’s issues (if applicable) and spousal support (a/k/a alimony, not always applicable). The petition must be formally served to the other spouse by an authorized individual, such as a sheriff’s deputy or process server, ensuring the recipient is legally notified.
2. Discovery and Mediation: After service, the case enters the discovery phase, where both parties exchange financial documents, tax returns, and other relevant information, as required by the Florida Family Law Rules of Procedure. This phase may also include interrogatories and depositions. Florida courts typically require mediation to resolve disputes, which often helps settle issues without going to trial. Mediating requires that discovery be complete to be able to meaningfully mediate.
3. Trial Preparation and Hearings: If mediation fails, the case proceeds to trial. The parties prepare by submitting evidence, including testimony and documents, to support their positions. Florida divorce cases are heard by a judge without a jury, and the Florida rules of evidence are strictly applied.
4. Trial and Final Judgment: The case is tried. The judge hears evidence and makes decisions on contested issues such as alimony, child custody, and property division. After the trial, the court issues a Final Judgment of Dissolution of Marriage.
The timeline for a contested divorce varies significantly, with simpler cases taking 6–12 months and complex cases potentially lasting over two years due to court backlogs and case complexity. Most contested divorces settle before trial, often through mediation or negotiation, making skilled legal representation crucial for effective outcomes.
Possible Additional Stage of a Contested Divorce
The next stage after the trial and the entry of the final judgment is the appeals process. This stage is purely optional and begins when either party, who may be unhappy with the final judgment, decides to appeal that final judgment. Of course, an appeal assumes that there is some appealable question in that final judgment. This process is another long and costly one, in which there is no testimony presented, only appellate briefs (legal arguments on paper) with oral arguments before the appellate court.
AI in Contested Florida Divorce
Artificial intelligence (AI) is increasingly influencing Florida divorce cases, particularly in contested divorces involving pro se litigants (those representing themselves).
AI tools are being used to assist with document drafting, legal research, and case analysis, but their use presents significant risks, especially for self-represented individuals. AI-powered software can automate tasks like drafting petitions, parenting plans, and financial affidavits, and tools like AI-driven calculators can assist with child support and alimony determinations. However, there are growing concerns about the reliability of AI-generated content, with courts warning that AI may produce “fake cases” and “AI-generated slop” that can lead to sanctions for those using AI to represent themselves.
Concerns about the use of AI in the courts has led Miami’s Eleventh Judicial Circuit to issue an Administrative Order regarding the use of AI. It includes sanctions for pro se litigants and attorneys who fail to comply with the directives of the Order. This Order requires anyone using AI to submit court filings to certify when they have used AI in a submitted document as well as a certification that they have complied with ensuring that whatever is included is accurate. It’s important to understand that “AI” slop includes not just fake cases as citations of law but may also include fake facts.
Where to Find Current Florida Divorce Law
Florida statutory law can be found in Chapter 61 of the Florida Statutes. Cases that interpret the application by judges in individual cases, when the trial outcome is appealed, create case law, which is also applicable to divorces in Florida. Appellate opinions from the Florida appellate courts and the Florida Supreme Court can be found on the University of Florida’s Florida case law page.
Take the Next Step: Get Professional Guidance
Contested divorces are complex, costly, and emotionally draining. Whether you’re facing disputes over property, alimony, or parenting arrangements, having an experienced Miami divorce attorney in your corner makes all the difference.
Schedule a confidential case assessment if you have questions about your rights in a contested divorce action in Miami–no obligation, no pressure, just a professional assessmentof your situation.
Divorce is never easy. And depending on how you got about it, it can also be very expensive. In this Part I, I cover the options for an uncontested divorce. In the next post, I will cover Part II, the contested route to divorce and what your options are to save money.
The Paths to an Uncontested Divorce in Miami
In today’s digital world, the way you get an uncontested divorced has changed dramatically.
If you’ve been searching for affordable divorce options in Miami, you’ve likely come across three popular paths: (1) AI-powered divorce tools, (2) DIY divorce kits or help, and (3) online uncontested divorce services with a licensed attorney.
They may all sound similar, but they are not.
Understanding the difference could save you thousands of dollars — and protect you from costly legal mistakes that follow you for years.
What Is an AI Divorce?
Artificial intelligence has entered nearly every industry, and family law is no exception. AI divorce platforms use algorithms and automated questionnaires to generate divorce documents based on your answers.
On the surface, it sounds appealing: fast, cheap, and available 24/7. But here’s what AI tools cannot do:
Provide legal advice: AI platforms are document generators, not lawyers. They cannot evaluate your specific situation, flag legal risks, or advise you on what you may be entitled to.
Adapt to Florida law nuances: Florida divorce law has specific requirements around asset division, alimony, and parenting plans. A generic AI tool may miss critical state-specific details. It is risky to use them to prepare agreement. Florida marital settlement agreements are contracts and can result in consequences that are difficult or impossible to undo if the agreement is not properly prepared.
Catch what you don’t know to ask: If you don’t know the right questions, the AI won’t either. Errors or omissions in your paperwork can lead to rejected filings or unfavorable outcomes, as mentioned above regarding agreements.
Represent you or communicate with the court: If your documents need correction, you’re on your own.
Bottom line on AI tools for divorce: They are best suited for extremely simple situations with zero assets, no children, and no disputes — even then, the risk of error is real.
What Is a DIY Divorce?
A DIY divorce — also called a *pro se* divorce — means you represent yourself through the entire legal process without any professional assistance. Florida courts do provide self-help forms online. Some Florida counties have self-help centers for family cases. Anyone can file their own divorce paperwork as long as one of the spouses is a Florida resident.
For some people, this works. But the reality is more complicated.
The hidden challenges of DIY divorce include:
Navigating the Florida court system alone: It will be your responsibility to comply with filing requirements, deadlines, and procedural rules. If you don’t comply with those, the case may be dismissed, which means you must start the process again.
Dividing assets incorrectly: Many DIY filers don’t realize that retirement accounts, pensions, and real estate require specific legal language and separate court orders (like a Qualified Domestic Relations Order, or QDRO) to divide properly. Getting this wrong can cost you significantly more to fix later.
No legal safety net: If your spouse hires an attorney — even in an “uncontested” divorce — you are at an immediate disadvantage without one.
Emotional decision-making: Divorce is emotionally charged. Without professional guidance, it’s easy to agree to terms that feel fair in the moment but are legally or financially disadvantageous long-term.
Bottom line on DIY divorce: It may work for couples with short marriages, no shared assets, and no children. For anyone else, the risks can far outweigh the savings.
What Is an Online Uncontested Divorce With a Licensed Attorney?
This is where modern convenience meets professional legal protection — and it’s the option that offers the most value for the majority of Miami residents seeking an affordable, stress-free divorce.
An online uncontested divorce means that both spouses have reached a mutual agreement on all major issues — asset division, property, alimony (if any), and if applicable, child custody and support. A licensed Florida divorce attorney then handles the entire legal process on behalf of one of you, the spouse, entirely online, from document preparation to court filing.
It is important to understand that one attorney cannot represent both spouses in the same divorce. In an uncontested divorce where one attorney represents one spouse in preparing the documents and the marital settlement agreement, the other spouse always has the option to have an attorney review those documents on their behalf.
The Bottom line on an attorney-assisted online and uncontested divorce is:
No courthouse visits.
No in-person hearings.
No unpredictable hourly billing.
Real Legal Expertise — Not an Algorithm
A licensed attorney reviews your specific situation, identifies potential legal issues, and advises you accordingly , and prepare an agreement that is enforceable. This is something no AI tool or DIY kit can replicate.
Attorney-Assisted Flat Fee Pricing for Uncontested Divorces — Full Financial Transparency
Unlike traditional divorce litigation — where hourly attorney fees can quickly climb into the tens of thousands — a flat fee online divorce gives you one clear price or fee from day one. No surprise invoices. No billing for every phone call or email. For those managing their finances carefully, this financial predictability is invaluable.
Protection for Complex Assets
Do you have shared assets, retirement accounts, real estate equity, investment portfolios, or business interests? An experienced divorce attorney ensures that adequate provisions are included in your agreement to protect your financial future.
Speed and Convenience
In Florida, an uncontested divorce can be finalized in as little as 30 days — sometimes in less time– when handled correctly. With an attorney managing the process online, there are no scheduling conflicts, no waiting rooms, and no unnecessary delays.
Your Divorce Deserves More Than an Algorithm
Licensed Florida attorney. Flat-fee pricing. Online convenience. Let us handle the legal complexity so you can move forward with confidence.
When you hire a family lawyer for a litigated divorce case, your role is just as important as theirs. An attorney knows the law and courtroom procedures, but you hold the key to unlocking the value of that service. Your active participation directly influences your case outcome.
In this post, I’ll share two mistakes I’ve seen divorce clients make — and how to avoid them.
Mistake 1: Misunderstanding Your Role in the Legal Process
How the Divorce Process Works
A litigated divorce involves three key players:
You — the client providing information and documents
Your attorney — navigating the legal system and court rules
The court system — processing your case through deadlines and hearings until a final judgment dissolving the marriage
Your job is to be responsive to your attorney’s requests. This means:
Providing documents needed for discovery (sharing with the other side)
Supplying information to help your attorney identify and obtain evidence
Meeting deadlines your attorney sets
Complying with court orders
Why Missing Deadlines Costs You Money and Time
Court deadlines are strict. When you delay providing documents to your attorney, a domino effect occurs:
1. Your attorney must request an extension from the court
2. Your attorney spends billable time preparing and filing extension motions
3. The court grants the extension (usually within reason)
4. Your legal fees increase— not because of your attorney’s work, but because of administrative delays caused by your delay
The worst-case scenario: If you continue missing deadlines, the court may refuse further extensions. The result? Your pleadings (the documents requesting relief from the court) could be stricken. This means the court treats it as if you never asked for anything — while the other side’s requests may still be granted.
What You Can Do
Respond promptly to all attorney requests
Provide documents and information on time
Ask questions if you’re unclear about a deadline
Communicate proactively if you anticipate delays
Your attorney will keep you informed, answer your questions, and provide context for your case. Your responsibility is to support that effort by being responsive.
Mistake 2: Damaging Your Credibility with the Court
What Credibility Means in Divorce Court
Credibility is how believable the judge finds you. It’s one of the most powerful factors in determining your case outcome.
What Impacts Your Credibility
The judge evaluates your credibility through multiple signals:
Your appearance— how you dress for hearings
Your testimony— the truthfulness and tone of your answers during hearings
Your conduct— whether you comply with court orders and deadlines
Your attitude— your demeanor when answering questions from your attorney, the opposing counsel, and the judge
How Answer Questions Can Damage Your Case
In a litigated divorce, you’ll likely testify at multiple hearings and the final divorce hearing.
During these proceedings, you’ll be questioned by:
Your own attorney
The other party’s attorney
The judge (sometimes)
How you answer matters.
Failing to Comply with Rules and Orders
When you ignore court deadlines or fail to comply with orders, the judge notices. It signals to the court that you don’t take your responsibilities seriously — and that directly affects how the judge perceives your credibility on other matters.
Different judges interpret these signals differently based on their own judgment, but the message is clear: non-compliance suggests unreliability.
What You Can Do
Comply with all court orders and deadlines
Dress professionally for hearings
Answer questions truthfully and respectfully
Take your responsibilities in the case seriously
By stacking the deck in your favor through compliance, you build credibility that can influence the judge’s decisions throughout your case.
The Bottom Line
Hiring a divorce lawyer is important — but it’s only the beginning. Your participation in your case matters significantly.
When you:
Respond promptly to your attorney’s requests
Meet all deadlines
Comply with court orders
Maintain credibility with the judge
…you’re likely to experience:
A smoother case presentation
Lower attorney’s fees
A better overall outcome
Your divorce case is your responsibility. Your attorney is your partner in navigating it. Work together, and you’ll see the difference.
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Ready to Take Control of Your Divorce Case?
Don’t let avoidable mistakes cost you time, money, or your credibility in court. Schedule a confidential case assessment session with a family law attorney today — and start building a stronger, smoother path to your divorce resolution.
Over my years doing divorces, I have learned which behaviors will lead to high legal fees in a contested divorce in Florida. Although I’ve numbered them, they are in no particular order.
I’ve also included an explanation as to why these behaviors will not result in the intended outcome.
Behaviors that Make You Pay More
1) The person who doesn’t want a divorce but their spouse does. Florida is a no-fault divorce. This means that if one spouse believes the marriage is over and wants a divorce, they will get it. Fighting it, especially with a lawyer, will only lead to spending money to delay but will not avoid the divorce.
2) The person who caught their spouse cheating and wants to use the courts to shame their spouse while going through a divorce, and thinks the spouse’s adultery will let them get a better equitable distribution. Courts (Judges) are not going to engage in moral judgment, regardless of how they may privately feel about a party. In addition, the equitable distribution statute doesn’t provide for a greater division to the spouse that did not engage in adultery unless an asset (usually money) was spent in the affair.
3) The person who has been married to a stay-at-home spouse and thinks that spouse should receive little or no assets because they didn’t contribute any hard-money to the marriage. The spouse who has been a stay-at-home Mom or Dad has worked, although not received pay for that work. The statutes take this into consideration in a divorce. So whether they worked outside the home or not, they will receive assets from the marriage.
4) The person who has put up with a lot, thinking the other spouse will change but doesn’t; then they want the divorce judge to compensate them for having put up with the spouse. There is no compensation in divorce for “bad” behavior accepted throughout the marriage. At best, there is just equitable distribution.
5) The couples who don’t want to set child support even though it is a requirement in divorces with minor children. The Florida divorce statutes require a court to establish child support. Moreover, the right to receive child support does not belong to a parent. So child support will be calculated.
6) The parent in a divorce with minor children who doesn’t want the other parent to have any contact with the child. Children have a right to the companionship of both parents when that is in the best interest of the child. As far as Florida law is concerned, the recent changes to the timesharing statute makes clear that each parents starts out with a presumption of equal timesharing.
Dealing with Emotions in a Contested Divorce in Florida
These situations all involve emotions crashing against the realities of laws providing for a no-fault divorce, timesharing/child support, and equitable distribution. Many divorce lawyers will be happy to accommodate these positions for a while, although no lawyer will guarantee the desired outcome.
The answer is a cold, hard look at what the law provides, and using a therapist to deal with the emotions brought about by these situations.
There is nothing wrong with the emotions, but don’t let them make you pay more for a divorce than you have to.
A Better Way to Divorce
You can avoid contested divorce in Florida without giving up any rights. You can start by educating yourself about your rights with a divorce lawyer. A consultation with a divorce attorney will save you money when you prepare yourself to get the answers to your questions and doubts. Learning about all the options available for doing your divorce is better than just going into court to litigate.
As we get ready for tax time, you have a perfect opportunity to do a check on your assets to see which ones can avoid probate.
Ideally, you would look at fine tuning your estate planning if anything has changed since you did your last will and testament. These changes can include your divorce, new or dormant accounts (whether bank, brokerage or retirement) that you haven’t looked at in a while, or simply do not remember how you set them up. This would allow you to correct any errors to ensure an asset will avoid probate.
What is Probate and what is Included/Excluded?
Probate involves the administration of the estate (assets and debts) of a person who has passed away, the deceased. It is a legal process to ensure that the assets of the deceased are distributed to their heirs, and legal debts paid.
When a person dies without a will, or intestate, probate will be conducted according to the instate statute. In Florida, the intestate laws can be found here (in Part 1 of Chapter 732) of the Florida Statutes.
If the person passed away with a will, probate will be administered according to the person’s will.
Generally speaking, assets that have a designated beneficiary will avoid probate. This is the case, for example, with retirement plans, life insurance policies, bank accounts, certificates of deposit, investment accounts.
Real property may also bypass probate, depending on how the property is titled; however, real property issues related to probate are not discussed in this post.
The important thing to remember is that for an asset to bypass probate, it has to have a designated beneficiary. That is, a beneficiary has to be named with the institution holding the asset as the person who will receive the asset when the owner passes away.
For example, you have a bank account at XYZ Bank; they hold your money in that account. By designating a beneficiary for payment upon your passing away, the account does not have to go through probate in order for your beneficiary to get the money. It is similar for investment accounts.
Using Year-End 1099 Forms as a Checklist to Avoid Probate
Anyone who paid you money during the year in excess of $600 is required to provide you a 1099 form regarding the income they paid you.
For bank accounts that paid you interest during the year, the bank may or may not send you a 1099 even if the interest was less than $600. Even if you do not receive a 1099, you are still responsible for reporting any amount received as interest. But this would be a good opportunity to check the beneficiary on all your accounts held at any bank.
For brokerage or investment accounts, institutions will send you a 1099 related to dividends received/reinvested during the year. Here too, you have an opportunity to check for a beneficiary designation.
Retirement plans are different in that they do not send you a 1099; they send a different form later in the year. You still get to designate your beneficiary in most cases.
2 Important facts about Assets that Avoid Probate
There are two facts you need to remember about these assets.
First, because the asset will pass outside your will, the gift will be immediate, as it does not need to be probated. This means that you should make sure you have designated the beneficiary you want.
Second, you may want to consider designating a primary beneficiary and a contingent beneficiary. The primary beneficiary will receive the asset if they are alive at the time of your passing. If, however, the primary beneficiary is no longer alive when you pass away, then the contingent beneficiary will get the asset. In this way, you don’t leave the asset without a beneficiary, which would cause it to go through probate as part of your general estate.
Conclusion
Florida law provides you an opportunity to avoid probate for many assets. Making sure you have designated a beneficiary for them lets you take advantage of that opportunity.
This post is general information and not legal advice. If you have questions about your specific situation, you should consult an attorney to get legal advice for you.
