Divorce is one of life’s most emotionally and financially challenging experiences. Whether amicable or contentious, navigating the process requires careful planning and informed decision-making. At Casais & Prias, PLLC, we understand the complexities of family law and are committed to guiding our clients through each step with clarity and compassion.

Below are key do’s and don’ts to help you approach your divorce strategically and avoid common pitfalls.

DO: Hire an Experienced Family Law Attorney

One of the biggest mistakes people make is assuming they can handle a divorce without legal counsel or relying solely on the experiences of friends or family. Every divorce is unique, with its own facts, financial issues, and family dynamics. A qualified family law attorney will understand how to protect your interests, ensure your rights are upheld, and help you avoid costly legal errors.

At Casais & Prias, PLLC, our attorneys bring years of experience in Florida family law, offering strategic representation tailored to your specific needs.

DON’T: Use Divorce as a Weapon

While emotions run high during a divorce, using the process to “punish” your spouse can backfire. Deliberately prolonging proceedings or making unreasonable demands may harm your own case, increase legal fees, and cause unnecessary stress for everyone involved—especially children.

Instead, aim for cooperation. Let your attorney manage the legal complexities so you can focus on building a new, healthier future.

DO: Consider the Tax Implications

Asset division doesn’t just involve a 50/50 split—it also includes understanding how taxes may impact what you receive. Property settlements, retirement accounts, alimony, and even child support can have long-term tax consequences. Failing to consider these issues can lead to major financial setbacks.

Your attorney should work with tax professionals to ensure you make informed decisions that safeguard your financial future.

DON’T: Badmouth Your Spouse

Speaking negatively about your spouse—especially in front of your children or on social media—can seriously damage your case. Judges often consider the behavior of both parties when deciding custody, and hostility may reflect poorly on your ability to co-parent.

Maintain a respectful tone. If you need emotional support, consider speaking with a therapist. Focus on resolving your divorce constructively.

DO: Be Honest About Assets

Attempting to hide marital property is not only unethical—it’s illegal. Dishonesty in disclosing assets may lead to a loss of credibility, reversal of agreements, and even criminal consequences.

Disclose everything to your lawyer. Full transparency allows your legal team to advocate effectively on your behalf.

Divorce: Major Transition

Divorce marks a major transition, but it doesn’t have to be a destructive one. By making informed decisions, staying cooperative, and relying on experienced legal counsel, you can protect your rights and move forward with confidence.

If you’re considering divorce or have questions about your legal options, contact Casais & Prias, PLLC at (305) 722-8015 to schedule a confidential consultation. We’re here to help you through this challenging time with skill, empathy, and professionalism.

Divorce FAQs

Why is it risky to rely on friends or family for divorce advice?

Each divorce is different. What worked for someone else may not work for you. A family law attorney can provide accurate, case-specific guidance.

What happens if one party tries to delay the divorce process on purpose?

Uncooperative behavior can prolong litigation and increase costs. Judges may impose penalties or award attorney’s fees to the more cooperative party.

How do taxes affect asset division?

Certain assets come with tax liabilities or future tax implications. For example, withdrawing from a retirement account may incur penalties or income taxes.

Can speaking poorly about my spouse affect custody?

Yes. Courts prioritize the best interests of the child, and hostile behavior may be seen as harmful to your child’s well-being.

What are the consequences of hiding marital assets?

You could lose those assets in court, face sanctions, or even be charged with fraud. Full disclosure is always in your best interest.

Is it okay to vent about my divorce online?

It’s best to avoid sharing details of your divorce on social media. Anything posted publicly can be used in court and may damage your case.

What should I do if I feel overwhelmed during the divorce?

Seek professional help. A therapist can help you manage stress, and your legal team can guide you through the process with clarity and support.

Divorce is never an easy decision, but understanding your rights and the legal framework in Florida can make the process more manageable. Whether you’re considering divorce or are in the early stages of filing, it’s essential to understand the legal grounds for divorce and what they mean for your case. At Casais & Prias, PLLC, our experienced family law attorneys in Miami help clients navigate the complexities of Florida divorce law with clarity and compassion.

Florida Is a No-Fault Divorce State

Florida is a “no-fault” divorce state, which means you don’t need to prove that your spouse did something wrong in order to file for divorce. This simplifies the process in many ways, as it reduces the need for adversarial litigation over blame.

There are only two legal grounds for divorce in Florida:

The Marriage Is Irretrievably Broken
This is the most common ground for divorce in Florida. It means that the marriage cannot be saved, and there is no reasonable chance for reconciliation. The court generally does not require further explanation beyond one spouse’s sworn statement that the relationship is irreparably damaged.

Mental Incapacity of a Spouse
The less common ground is if one spouse has been declared legally incapacitated for at least three years before the divorce is filed. This requires supporting documentation, such as a court order declaring the mental incapacity, and may involve additional legal steps to protect the rights of the incapacitated spouse.

Contested vs. Uncontested Divorce

Even though fault is not required, that doesn’t mean all divorces are simple. If both parties agree on all key issues—such as property division, child custody, and support—it’s an uncontested divorce, which can often be resolved more quickly and with fewer legal expenses.

If the spouses disagree on one or more major issues, the case becomes contested, which may involve mediation, negotiations, or a trial before a judge.

Residency Requirements for Filing Divorce in Florida

Before filing for divorce in Florida, at least one spouse must have lived in the state for a minimum of six months. Residency must be proven through documentation such as a Florida driver’s license, voter registration, or testimony.

If you live in Miami, you will typically file in Miami-Dade County. Casais & Prias, PLLC handles divorce filings throughout South Florida and is highly experienced with the local court procedures.

Call Casais & Prias, PLLC for Experienced Legal Help

Whether your divorce is amicable or highly contested, having an experienced legal team on your side is crucial. The attorneys at Casais & Prias, PLLC will protect your rights, provide clear legal guidance, and advocate for your best interests every step of the way.

From resolving disputes over child custody to ensuring equitable division of marital assets, we are committed to helping our clients achieve fair and sustainable outcomes.

Contact us at (305) 722-8015 to schedule your consultation and take the first step toward clarity and resolution.

Florida Divorce Law FAQs

Do I have to prove fault to get divorced in Florida?
No. Florida only requires that the marriage is irretrievably broken or that one spouse has been mentally incapacitated for three years.

Can a judge deny a divorce if one spouse wants to stay married?
While rare, a judge may order counseling or delay proceedings if children are involved and one spouse contests the divorce. However, if one party insists the marriage is broken, the court usually proceeds.

How is property divided in a Florida divorce?
Florida follows “equitable distribution,” meaning marital assets and debts are divided fairly—not necessarily 50/50. Courts consider factors like the duration of the marriage and financial contributions of each spouse.

Does adultery affect the outcome of a Florida divorce?
Since Florida is a no-fault state, adultery doesn’t affect whether a divorce is granted. However, it may impact decisions on alimony or property division in certain cases.

What if my spouse doesn’t respond to the divorce petition?
If your spouse fails to respond within the allotted time, you can request a default judgment, allowing the divorce to proceed without their input.

Do I need to attend court for an uncontested divorce?
In some cases, particularly when no children or disputes are involved, a judge may finalize an uncontested divorce without requiring a hearing. Your attorney can advise based on your situation.

Can I file for divorce if I just moved to Florida?
You must be a Florida resident for at least six months before filing. If you don’t meet this requirement yet, you’ll need to wait or file in the state where you previously lived.