Breaking Up in the Sunshine State: A Look at Florida’s Divorce Laws

Ending a marriage is never easy, but understanding the laws that guide the process can make it less overwhelming. In Florida, divorce—legally called “dissolution of marriage”—is governed by specific rules designed to ensure fairness for both parties. Whether you’re considering filing or responding to a petition, knowing what to expect helps you navigate the legal and emotional challenges that come with separation.

Florida’s No-Fault Divorce System

One of the most important aspects of Florida divorce law is that it’s a “no-fault” state. This means you don’t have to prove infidelity, abuse, or any form of misconduct to end your marriage. The only requirement is that the marriage is “irretrievably broken.” In some cases, a judge may order counseling or mediation before granting a divorce, especially if children are involved, but generally, the process begins when one spouse files a Petition for Dissolution of Marriage in the county where either spouse lives.

Residency and Filing Requirements

To file for divorce in Florida, at least one spouse must have lived in the state for six months before filing. You can file in the county where either you or your spouse resides. The initial filing includes the petition, a financial affidavit, and any requests for temporary relief, such as child support or exclusive use of the marital home during the proceedings. Once filed, the other spouse must be formally served with the petition and given time to respond.

Equitable Distribution of Assets and Debts

Florida follows the principle of “equitable distribution,” meaning marital property is divided fairly—but not necessarily equally. Marital assets typically include homes, vehicles, savings, retirement accounts, and debts acquired during the marriage. The court considers several factors when dividing property, including each spouse’s income, contributions to the marriage (both financial and non-financial), and economic circumstances. Separate property—assets owned before marriage or received as gifts or inheritance—usually remains with the original owner.

Spousal Support (Alimony)

Alimony may be awarded if one spouse requires financial support after the divorce. Florida recognizes several types of alimony: bridge-the-gap (short-term support during the transition), rehabilitative (to help a spouse become self-sufficient), durational (for a set period), and permanent (for long-term marriages where one spouse cannot maintain the standard of living alone). Courts consider the length of the marriage, each spouse’s earning capacity, and contributions to the household when determining alimony.

Child Custody and Time-Sharing

When children are involved, Florida emphasizes shared parental responsibility. Instead of “custody,” the state uses the term “time-sharing,” focusing on both parents’ involvement in their child’s life. Parents are encouraged to develop a parenting plan that details how decisions will be made and how time will be divided. If parents cannot agree, the court decides based on what serves the child’s best interests, taking into account factors like each parent’s ability to provide a stable home, moral fitness, and willingness to support the child’s relationship with the other parent.

Child Support Guidelines

Florida’s child support system uses a formula based on both parents’ incomes, the number of children, and the time each parent spends with them. The goal is to ensure children maintain a similar standard of living after the divorce. Health insurance, daycare expenses, and other essential costs are also factored into the calculation. Parents are legally obligated to pay court-ordered child support, and failure to comply can lead to enforcement actions such as wage garnishment or license suspension.

Simplified Dissolution of Marriage

For couples who agree on all major issues and have no minor children, Florida offers a simplified dissolution of marriage. This process is faster and less expensive than a traditional divorce, as it requires less paperwork and no trial. Both parties must appear together before the judge to confirm that they agree to the terms and wish to end the marriage.

Mediation and Court Proceedings

Mediation is a required step in most Florida divorces. A neutral mediator helps the couple reach agreements on property, alimony, and child-related matters. If mediation is unsuccessful, the case proceeds to court, where a judge makes final decisions. Court trials are generally longer, more expensive, and emotionally taxing, so most couples prefer to settle during mediation.

Moving Forward After Divorce

Once the judge signs the Final Judgment of Dissolution of Marriage, your divorce is complete. You can then update your legal documents, such as wills, beneficiary designations, and property titles. Many people also seek counseling or financial advice to help adjust to their new life.

Fairness and Stability

Florida’s divorce laws aim to balance fairness and family stability while giving couples the opportunity to resolve conflicts amicably. Whether your separation is simple or complex, understanding your rights—and seeking help from an experienced family law attorney—can make the process smoother. Breaking up in the Sunshine State may be difficult, but with the right preparation, it’s also a chance to start fresh under clearer skies.

From Love to Legal: What to Expect in a Florida Divorce Settlement

Divorce is one of the most emotionally challenging experiences anyone can go through, but understanding what to expect from the legal process can make it a little easier. In Florida, divorce settlements involve a mix of negotiation, paperwork, and state-specific laws that determine how property, finances, and family responsibilities are divided. Whether your divorce is amicable or contested, knowing the steps ahead helps you prepare and protect your interests.

Understanding the Basics of a Florida Divorce

Florida is a “no-fault” divorce state, which means neither spouse has to prove wrongdoing to end the marriage. The only requirement is that the marriage is “irretrievably broken.” At least one spouse must also have lived in Florida for six months before filing. Once the petition is filed, the process typically includes financial disclosure, negotiation, and, if necessary, mediation or trial.

Equitable Distribution of Assets

In Florida, marital property is divided under the principle of “equitable distribution.” This doesn’t always mean a 50/50 split, but rather what’s fair based on the circumstances. Marital assets include property, savings, and debts acquired during the marriage. Separate property—anything owned before the marriage or received as an inheritance—usually remains with the original owner. The court considers factors such as each spouse’s income, contributions to the marriage, and future financial needs when determining distribution.

Spousal Support (Alimony)

Alimony is another key component of a divorce settlement. Florida recognizes several types of alimony, including temporary, bridge-the-gap, rehabilitative, durational, and permanent. The goal is to ensure that one spouse isn’t left at a severe financial disadvantage after the divorce. Factors that affect alimony include the length of the marriage, the standard of living during the marriage, and each spouse’s earning capacity. For example, a long-term marriage may justify permanent alimony, while shorter marriages often lead to temporary or rehabilitative support.

Child Custody and Support

If children are involved, child custody—known in Florida as “time-sharing”—is one of the most significant issues in a divorce settlement. Florida courts encourage both parents to maintain active roles in their children’s lives whenever possible. The time-sharing schedule and parenting plan outline responsibilities such as schooling, healthcare, and extracurricular activities. Child support is calculated using state guidelines that take into account both parents’ incomes, the number of overnights with each parent, and the cost of childcare and health insurance.

Mediation and Settlement Negotiations

Most divorce cases in Florida are resolved through mediation rather than trial. Mediation allows both spouses to negotiate with the help of a neutral third party to reach an agreement on property division, alimony, and custody. Settling outside of court often saves time, reduces costs, and allows more flexibility in crafting terms that fit both parties’ needs. If mediation fails, the case proceeds to trial, where a judge makes the final decision.

Financial Disclosure and Transparency

Both spouses are required to complete a financial affidavit that details income, expenses, assets, and liabilities. This step ensures transparency and helps the court or mediator determine a fair settlement. Failing to disclose assets can result in penalties, including the reopening of the case or loss of favorable terms.

Finalizing the Divorce

Once all issues are resolved, the settlement agreement is submitted to the court for approval. A judge reviews the terms to ensure they comply with Florida law and are in the best interests of any children involved. When approved, a final judgment of dissolution of marriage is issued, officially ending the marriage.

Preparing for the Future

A divorce settlement is more than just a legal document—it’s the foundation for your new financial and personal life. After the divorce is finalized, you may need to update your will, change beneficiaries, and adjust budgets to reflect your new circumstances. Seeking advice from a family law attorney, financial planner, or counselor can help you make informed decisions and move forward with confidence.

Takeaway

Divorce in Florida doesn’t have to be a drawn-out battle. By understanding the process, being transparent about finances, and focusing on fair outcomes, couples can reach settlements that protect both parties and prioritize family stability. With the right preparation and professional guidance, you can transition from love to legal with clarity and peace of mind.

New Paths, New Rules: How U.S. Immigration Laws Are Evolving in 2026

The U.S. immigration landscape is undergoing major transformation as policymakers introduce new fees, adjust eligibility requirements, and reconsider pathways for workers, students, and families. These shifts reflect a broader effort to modernize the system while tightening enforcement and closing long-standing loopholes. Understanding what’s changing can help immigrants, employers, and advocates prepare for the evolving legal terrain.

Rising Visa Costs and the Integrity Fee

Beginning in 2026, most nonimmigrant visa applicants will face a new $250 “Visa Integrity Fee.” This non-waivable surcharge will apply to common visa categories such as B-1/B-2 (business/tourist), F and M (students), H-1B (specialty occupations), and J (exchange visitors). The fee will be indexed to inflation, meaning future increases are expected. For frequent travelers, students, and professionals renewing visas, this marks a significant increase in overall immigration costs.

Stricter Employment-Based Green Card Standards

The Department of Homeland Security plans to implement tougher criteria for employment-based green cards, particularly under the EB-1 and EB-2 categories. Applicants claiming “extraordinary ability” or requesting national interest waivers may need to meet higher evidence thresholds. This includes more detailed proof of professional achievement, recognition, and sustained impact in their fields. Employers sponsoring foreign talent should expect greater scrutiny and longer review times as these rules take effect in early 2026.

Reforms to Asylum and Work Authorization

Lawmakers are also revisiting the asylum process to address growing backlogs and enhance border control. Proposed rules could limit access to work permits while asylum applications are pending and require faster adjudication of new claims. The Dignity Act of 2025 seeks to process most asylum cases within 60 days of entry and reduce the release of applicants pending decisions. While intended to streamline cases, the policy could make it harder for asylum seekers to obtain timely employment authorization and due process.

Restrictions on Federal Benefits and Immigration Program Funding

New legislative proposals, including the One Big Beautiful Bill Act, aim to restrict federal benefits like Medicaid and SNAP for certain lawfully present immigrants. The bill also caps immigration judge appointments, which could exacerbate case delays. For those relying on public programs or awaiting hearings, these funding cuts may have real consequences in 2026 and beyond.

Mandatory Detention Under the Laken Riley Act

In response to public safety concerns, the Laken Riley Act, signed into law in 2025, requires mandatory detention of undocumented immigrants charged with certain crimes such as theft, assault, or offenses causing injury. The law expands immigration enforcement powers and eliminates bail options for many detainees. As a result, even lawful residents could face heightened scrutiny if arrested, underscoring the need for legal representation in any criminal case involving noncitizens.

Pending Immigration Reform Bills

Several bills under review in Congress could reshape immigration law further. The Dignity Act proposes faster green card processing, expanded dual-intent student visas, and new pathways for undocumented immigrants to earn legal status. The Farm Workforce Modernization Act focuses on agricultural workers, updating visa categories and worker protections. Meanwhile, the American Families United Act would allow more discretion in cases involving spouses or children of U.S. citizens, emphasizing family unity over strict removal enforcement.

Temporary Protected Status (TPS) Updates

The Department of Homeland Security is also reassessing Temporary Protected Status designations. Several TPS programs are set to expire or be reviewed by 2026, which could affect nationals from countries facing instability. Current TPS holders should stay alert to renewal deadlines and policy announcements from USCIS to avoid lapses in protection.

Preparing for the Future of Immigration in 2026

For individuals and employers, these new developments mean higher costs, longer processing times, and stricter evidence requirements. Planning ahead, gathering documents early, consulting legal counsel, and monitoring updates, will be key to navigating these changes effectively.

As the U.S. continues redefining its immigration policies, 2026 is shaping up to be a pivotal year. For families, students, workers, and employers, proactive planning and informed decision-making will be essential to thrive under the nation’s evolving immigration laws.

FAQs About U.S. Immigration in 2026

How much will visa fees increase in 2026?
Most nonimmigrant visa categories will include a new $250 Visa Integrity Fee, in addition to existing costs, starting in 2026.

Will green card applications become more difficult?
Yes. The Department of Homeland Security is tightening eligibility rules for employment-based green cards, particularly those requiring proof of “extraordinary ability.”

Are there new limits on asylum work permits?
Proposed changes may delay or suspend work permits for asylum applicants until cases are fully processed, extending current waiting periods.

How does the Dignity Act affect immigration?
If enacted, it would expand pathways for legal status, improve processing times, and modernize student and employment visa programs.

What is the Laken Riley Act?
It’s a law requiring mandatory detention for noncitizens charged with certain crimes, limiting bond options during immigration proceedings.

Will immigrants lose access to public benefits?
Some pending bills restrict access to federal benefits for new or certain lawfully present immigrants, potentially affecting healthcare and food assistance.

What should immigrants do to prepare for these changes?
Stay informed, budget for increased fees, maintain updated documentation, and seek advice from immigration attorneys to adapt to new rules and procedures.

Love Across Borders: Understanding Marriage Immigration in the U.S.

Falling in love is universal, but when your partner lives in another country, the path to building a life together in the United States can be complex. Marriage-based immigration offers a legal route for foreign nationals to live permanently in the U.S. with their American spouses. Understanding how this process works, the required petitions, and the timeline can help couples avoid delays and ensure a smoother journey from engagement to green card.

Marriage-Based Immigration: The Basics

A U.S. citizen or lawful permanent resident (green card holder) can sponsor their foreign spouse for permanent residence. This process establishes that the marriage is genuine and not solely for immigration benefits. The U.S. Citizenship and Immigration Services (USCIS) carefully reviews every case to ensure legitimacy, so providing thorough evidence and following proper procedures is essential.

Spouse of a U.S. Citizen vs. Spouse of a Permanent Resident

There are key differences between marrying a U.S. citizen and marrying a green card holder. A U.S. citizen’s spouse is considered an “immediate relative,” which means there’s no waiting period for a visa number, making the process faster. Spouses of green card holders fall under the “family preference” category and may face longer wait times before receiving a visa due to annual limits.

The Process for Applying for a Marriage Green Card

If the foreign spouse is already in the U.S. and was lawfully admitted or paroled, they can typically apply for adjustment of status while the U.S. spouse submits a Petition for Alien Relative. If the spouse lives abroad, the case is handled through consular processing. Once approved, the spouse receives an immigrant visa to enter the U.S. as a permanent resident. The couple will later attend an interview to verify the authenticity of the marriage.

Conditional vs. Permanent Green Cards

If your marriage is less than two years old when your green card is approved, you’ll receive a conditional green card valid for two years. Before it expires, you must file a Petition to Remove Conditions on Residence, to prove that your marriage is still genuine. After approval, the foreign spouse becomes a lawful permanent resident with a 10-year green card.

Proving a Bona Fide Marriage

USCIS places great emphasis on proving the authenticity of the marriage. Couples should provide documentation such as joint bank accounts, leases, utility bills, photos together, travel records, affidavits from friends and family, and proof of communication. During the interview, officers may ask detailed questions about your relationship, daily routines, and future plans to ensure your marriage is legitimate.

Common Challenges and Delays

Even honest couples can face complications. Missing paperwork, incomplete evidence, or inconsistent answers during interviews can lead to delays or denials. In some cases, a second interview, known as a “Stokes interview”, may be required. Hiring an experienced immigration attorney can help couples prepare documentation properly and avoid costly mistakes.

From Green Card to Citizenship

After holding a green card for three years and remaining married to and living with a U.S. citizen, the foreign spouse may apply for U.S. citizenship through naturalization. This step marks the final stage of the marriage immigration journey, allowing the individual to enjoy full rights as an American citizen.

Exciting and Stressful

Marriage immigration in the U.S. can be both exciting and stressful, blending love with legal complexities. By understanding the process, providing honest documentation, and seeking professional guidance when needed, couples can turn their cross-border relationships into lasting partnerships on American soil.

FAQs About Marriage Immigration in the U.S.

How long does the marriage green card process take?
Processing times vary, but for spouses of U.S. citizens, it generally takes between 10 and 18 months. For spouses of green card holders, it can take up to 30 months or longer depending on visa availability.

Do I need to be married before applying for a green card?
Yes. Only legally married couples can file a marriage-based green card application. However, if you’re engaged, a fiancé(e) visa (K-1) may be an alternative.

Can same-sex couples apply for marriage-based immigration?
Yes. U.S. immigration law recognizes same-sex marriages as long as the marriage is legally valid in the jurisdiction where it took place.

What happens if we separate or divorce during the process?
If the marriage ends before receiving permanent residency, the application may be denied. If the foreign spouse already has a conditional green card, they may apply for a waiver if the marriage was entered into in good faith.

How can I prove that my marriage is genuine?
Provide as much joint evidence as possible such as bank statements, leases, photos, communication records, and affidavits from family or friends who know the couple.

Can I travel outside the U.S. while my green card application is pending?
You can travel only if you receive advance parole from USCIS. Leaving without it may result in your application being considered abandoned.

Divorce in Miami: Why You Need an Attorney

Divorce is never easy, but navigating a divorce in Miami brings its own unique challenges and legal considerations. Whether you’re facing a contested or uncontested divorce, Florida law has specific requirements and procedures that must be followed. Hiring an experienced family law attorney is not just recommended—it’s crucial to protecting your rights, your assets, and your future.

Understanding Divorce in Miami

Miami, located in Miami-Dade County, follows Florida’s no-fault divorce laws, meaning either spouse can file for divorce without proving wrongdoing by the other. The only requirement is that the marriage is “irretrievably broken” or that one of the parties is mentally incapacitated.

While this may sound straightforward, the legal process often involves complex matters such as:

  • Division of marital assets and debts
  • Alimony (spousal support)
  • Child custody (now called time-sharing in Florida)
  • Child support
  • Modifications and enforcement

Each of these areas can become highly contested and emotionally charged, especially when children or significant assets are involved.

Why You Need an Attorney

Going through a divorce without proper legal representation can put you at a significant disadvantage. Here’s why:

1. Protecting Your Rights

Without an attorney, you may unknowingly agree to terms that are unfair or legally unfavorable—especially concerning alimony, child custody, or the division of property.

2. Understanding Florida Law

An attorney ensures that all legal documents are filed correctly and deadlines are met. Mistakes can lead to delays, dismissed cases, or permanent legal consequences.

3. Avoiding Costly Errors

What may seem like a way to save money can actually result in higher long-term costs if errors need to be corrected or agreements renegotiated after the divorce.

4. Navigating Complex Situations

High-conflict divorces, hidden assets, business ownership, or international elements require experienced legal strategy that only a skilled attorney can provide.

Frequently Asked Questions About Divorce in Miami

How long does it take to get a divorce in Miami?

It depends. An uncontested divorce may be resolved in a few months, while a contested divorce can take a year or more, depending on the complexity of the issues.

What are the grounds for divorce in Florida?

Florida is a no-fault state, so the only requirement is that the marriage is irretrievably broken. Mental incapacity is also a possible ground with additional requirements.

Do I have to go to court?

Not always. Many divorces are resolved through mediation or settlement agreements. However, contested divorces may require court hearings or even trial.

How is property divided in a Florida divorce?

Florida follows the principle of equitable distribution, meaning assets and debts are divided fairly—but not necessarily equally. An attorney can help protect your financial interests.

Who gets custody of the children?

Florida courts focus on the best interests of the child and often favor shared parental responsibility. Time-sharing schedules are created based on numerous factors.

What if my spouse doesn’t want a divorce?

As long as one party believes the marriage is irretrievably broken, the court can still grant a divorce—even without the other spouse’s agreement.

Can I change the terms after the divorce is finalized?

Yes, under certain circumstances. Modifications may be requested for issues like child support, alimony, or time-sharing, but require legal grounds and proper filing.

The Risks of Filing Without an Attorney

Choosing to represent yourself may seem like a way to cut costs, but it often leads to:

  • Unfavorable custody or financial arrangements

  • Delayed or dismissed filings due to procedural errors

  • Missed opportunities for negotiation or mediation

  • Permanent loss of rights you may not even know you have

Having an attorney on your side means you’re informed, protected, and positioned for the best possible outcome.

How Casais & Prias, PLLC Can Help

At Casais & Prias, PLLC, our experienced family law attorneys understand the emotional and legal complexities of divorce. We provide compassionate, strategic representation tailored to your goals—whether through negotiation, mediation, or litigation. Our team is committed to protecting your rights, your children, and your financial future.

📞 Schedule a consultation today by calling (305) 722-8015.

Let us guide you through this difficult time with professionalism and care.

Trusted LGBTQ Immigration Lawyers – Safe, Inclusive, Experienced

Navigating the U.S. immigration system can be complex for anyone, but for LGBTQ individuals, it often comes with additional layers of risk, fear, and uncertainty. At Casais & Prias, PLLC, we proudly provide compassionate, experienced legal representation for LGBTQ immigrants in Miami and throughout the United States. Our goal is to create a safe, inclusive space where you feel heard, protected, and empowered throughout your immigration journey.

Understanding the Unique Challenges Facing LGBTQ Immigrants

LGBTQ immigrants may face a range of legal and personal challenges that require a nuanced understanding of both immigration law and the specific risks LGBTQ individuals encounter in their home countries and communities. These can include persecution, discrimination, domestic violence, lack of legal recognition for same-sex relationships, and barriers to accessing asylum or humanitarian relief.

Our team is committed to addressing these issues with care and sensitivity. We understand how critical it is for LGBTQ clients to work with attorneys who not only understand the law, but also respect and affirm their identity.

How We Help LGBTQ Immigrants

At Casais & Prias, PLLC, we offer full-service immigration representation tailored to the needs of LGBTQ individuals and families. This includes:

  • Adjustment of status and green card applications based on same-sex marriage

  • Waivers for hardship and unlawful presence

  • Removal defense and representation in immigration court

  • Naturalization and citizenship services

We take a personalized approach to every case and work closely with our clients to ensure that their stories are clearly and powerfully presented.

Why Choose an LGBTQ-Friendly Immigration Lawyer

Working with an LGBTQ-friendly immigration attorney is more than a preference—it’s often essential. These cases require careful handling of sensitive personal information, and it’s vital that your legal team understands both the law and the lived realities of LGBTQ individuals. At Casais & Prias, PLLC, we are committed to providing:

  • A judgment-free, affirming legal environment

  • Experience with complex immigration cases involving LGBTQ clients

  • Culturally competent representation grounded in dignity and respect

  • A track record of success in both affirmative and defensive immigration matters

LGBTQ Immigration FAQs

Is same-sex marriage recognized for immigration purposes?
Yes. U.S. immigration law recognizes same-sex marriages for green card applications and other benefits, as long as the marriage is legally valid.

Will my sexual orientation or gender identity be kept confidential in my case?
Yes. Your attorney is bound by strict confidentiality rules and will treat all personal information with the highest level of discretion and care.

What if I’m undocumented and in a same-sex relationship?
There may still be options available to you, such as adjustment of status, waivers, or humanitarian relief. A consultation is the best way to explore your options.

Can LGBTQ individuals be detained or deported?
Yes, unfortunately it can happen. However, legal protections and relief may be available, including asylum, cancellation of removal, and more. Having an experienced lawyer is key.

Schedule a Case Evaluation with Casais & Prias, PLLC

At Casais & Prias, PLLC, we believe every client deserves to be treated with respect, dignity, and care—especially those in the LGBTQ community. Whether you’re applying for asylum, seeking a green card, or defending against removal, we are here to stand with you and fight for your rights.

📞 Call (305) 722-8015 today to schedule a confidential case evaluation.

Paths to U.S. Citizenship: Naturalization Explained

For lawful permanent residents (green card holders), U.S. citizenship through naturalization is the next step toward securing full rights, including voting and passing citizenship to your children. At Casais & Prias, we guide clients through every phase of this critical journey with personalized support.

Are You Eligible?

To qualify for naturalization, you generally must meet the following requirements:

  • Be at least 18 years old

  • Hold a green card for at least 5 years, or 3 years if married to a U.S. citizen

  • Demonstrate continuous residence and physical presence in the U.S.

  • Exhibit good moral character

  • Pass an English language and civics test, and take the Oath of Allegiance

Your Step-by-Step Guide to Naturalization

Check Your Eligibility

Confirm whether you qualify for naturalization based on your time as a permanent resident, marital status, and residency requirements.

Submit Application for Naturalization

Prepare and file your application with supporting documents. 

Attend a Biometrics Appointment

If required, you’ll be scheduled for fingerprints, a photo, and a background check.

Complete Your Interview & Tests

You’ll meet with a USCIS officer, who will test your English reading, writing, and speaking skills as well as your knowledge of U.S. history and government.

Receive a Decision

Your application will be approved, denied, or continued if more evidence is needed.

Take the Oath of Allegiance

At the ceremony, you’ll swear loyalty to the U.S., officially becoming a citizen.

Celebrate Becoming a U.S. Citizen

You’ll receive a Certificate of Naturalization, which confirms your new status and opens the door to all the rights of citizenship.

Why Work with Casais & Prias?

  • Experience You Can Trust – Decades of combined immigration law experience.

  • Personalized Guidance – From paperwork to interview prep, every client receives tailored support.

  • Accessible, Inclusive – Located in Miami-Dade and handling immigration cases in all 50 states with compassion and professionalism.

Take the First Step

Becoming a U.S. citizen is a life-changing milestone. Let Casais & Prias walk you through the process with skill and dedication.

Contact us today to schedule a case evaluation and start your citizenship journey.

U.S. Citizenship & Naturalization FAQs

How long does the naturalization process take?
Processing times vary, but it typically takes between 8 to 14 months from the time you file to your oath ceremony.

What happens if I fail the English or civics test?
You’ll be given a second opportunity within 60 to 90 days to retake the portion of the test you did not pass.

Can I travel abroad while my application is pending?
Yes, but extended trips may affect your continuous residence requirement. Always consult an attorney before long travel during the process.

Do I need to bring original documents to my interview?
Yes. USCIS requires original documents such as your green card, passport, and other records.

What is considered “good moral character”?
USCIS reviews your criminal, financial, and personal history. Issues like unpaid taxes or certain convictions can affect your eligibility.

Is dual citizenship allowed?
The U.S. does not require you to give up citizenship in your home country, but whether you can keep it depends on the laws of your original country.

Can I apply for citizenship if I’m married to a U.S. citizen?
Yes. You may apply after 3 years of permanent residency, as long as you’ve been living with your spouse during that time.

Bringing Your Love to the US: A Guide to LGBTQ K-1 Fiancé(e) Visas

Love knows no borders, and in the U.S., neither does immigration law.  Since the landmark rulings in Windsor (2013) and Obergefell (2015), same-sex couples enjoy the same immigration opportunities as heterosexual couples . If you’re engaged to a U.S. citizen and planning to marry, a K-1 fiancé(e) visa can be your pathway to building a life together here.

Who Can Apply?

A K-1 visa is available only if:

  • One partner is a U.S. citizen (green card holders are not eligible)
  • You intend to marry within 90 days of your fiancé(e)’s arrival in the U.S.
  • You’ve met in person at least once in the past two years.
  • Both of you are legally free to marry and your relationship is genuine.

The Process: Step by Step

  1. File Petition for Alien Fiancé(e) with USCIS
    • Gather and submit evidence that your relationship is genuine. This may include photos, travel itineraries, communications, and affidavits from friends and family .
  2. USCIS Reviews and Forwards to NVC
    • Once approved, the petition moves to the National Visa Center (NVC) and is assigned to the appropriate U.S. embassy or consulate.
  3. Consular Processing & Interview
    • Complete processing at NVC, gather documents (e.g., birth certificates, police clearances, medical exam), and prepare for the visa interview.
  4. Arrival & Marriage
    • Your fiancé(e) travels to the U.S. and you must marry within 90 days of entry.
  5. Adjustment of Status (Green Card)
    • Once married, file for adjustment of status. Your partner may also apply for work authorization simultaneously.
  6. Conditional Permanent Residency
    • If married for less than two years when the green card is approved, the residency will be conditional. You’ll later file to remove those conditions.

Unique Challenges for LGBTQ Couples

  • Proving Your Relationship Is Genuine
    Documenting a same-sex relationship can be harder if your home country doesn’t recognize LGBTQ unions. Strong evidence including photos, chat logs, trip records, and affidavits can make all the difference .
  • Potential Bias or Prejudice
    Unfortunately, some applicants face bias from immigration officials. Comprehensive, organized documentation and attorney guidance reduce these risks.

Why Working with Casais & Prias Helps

  • Expertise in LGBTQ Immigration Law
    With managing partner Rolando Casais, Jr. serving in leadership roles within AILA’s LGBTQ committee, the firm offers specialized, compassionate legal support.
  • Full-Service Support Through Every Stage
    From a case evaluation and petition preparation, to gathering evidence, NVC processing, interview prep, and helping adjust status post-marriage, Casais & Prias guide clients seamlessly.
  • Florida-Based, LGBTQ-Inclusive
    Located in Coral Gables and serving LGBTQ couples throughout the entire United States, they blend local insight with national immigration experience.

Final Thoughts

Immigration law now recognizes that love is love, but navigating it can still be a winding path. A K-1 fiancé(e) visa is a meaningful step toward unity and resilience. With the right guidance, LGBTQ couples can confidently build their future together in the United States.

Ready to take the next step?

Contact Casais & Prias today to book a case evaluation and begin your journey toward reuniting with your partner in the U.S.

LGBTQ Fiancé(e) Visa FAQs

How long does the K-1 fiancé(e) visa process take?
On average, the process can take 8 to 12 months, depending on USCIS and embassy processing times. Delays may occur if additional evidence is required.

Can same-sex couples apply for the K-1 visa?
Yes. U.S. immigration law recognizes same-sex relationships equally, and LGBTQ couples have the same rights to apply for fiancé(e) visas.

What if my home country does not recognize LGBTQ relationships?
You can still apply. Strong evidence of your relationship is important.  

Do we need to have met in person before applying?
Yes. Generally, you must have met in person at least once within the past two years.

What happens if we don’t marry within 90 days of arrival?
If you don’t marry within the required timeframe, your fiancé(e) must leave the U.S., and the visa will expire.

Can my fiancé(e) work in the U.S. while on a K-1 visa?
Yes. After arrival, marriage, and applying for adjustment of status, your fiancé(e) can apply for work authorization. 

What kind of evidence should we provide to prove our relationship?
Evidence may include photos together, travel itineraries, joint financial records, communication logs, and affidavits from family or friends who know about your relationship.

Benefits of Having a Lawyer at Your Citizenship Interview

Applying for U.S. citizenship is a major milestone, and the naturalization interview is one of the most important steps in the process. This interview, conducted by a U.S. Citizenship and Immigration Services (USCIS) officer, evaluates your eligibility, reviews your application, and tests your knowledge of U.S. civics and English. Having an experienced immigration attorney by your side can provide significant advantages and peace of mind.

Guidance Before the Interview

An attorney can thoroughly review your Application for Naturalization to ensure accuracy and consistency. They can identify potential problem areas, such as prior immigration issues, criminal records, or long absences from the U.S., and prepare you to address them effectively. They also help you understand the interview process and what questions to expect, so you walk in feeling confident.

Protecting Your Rights

During the interview, an attorney serves as your legal advocate. If unexpected legal issues arise, such as questions about past immigration history, eligibility, or alleged misrepresentations, your attorney can step in to clarify the facts and ensure USCIS follows proper procedures. This can be especially critical if your case is complex.

Reducing Stress and Anxiety

The citizenship interview can be intimidating, even for applicants with straightforward cases. Having an attorney present can reduce anxiety by ensuring you’re not alone in the process. Your attorney can help you focus on your answers while they handle any procedural or legal matters that come up.

Ensuring Accurate Records

An attorney can take notes during your interview to keep a record of what was asked and answered. If USCIS later issues a request for evidence or a notice of intent to deny, these notes can be valuable for responding effectively.

Handling Complicated Cases

Applicants with prior immigration violations, arrests, past deportation orders, or lengthy absences from the U.S. are more likely to face challenging questions. An attorney with experience in naturalization cases can anticipate these issues and address them proactively during the interview.

Avoiding Costly Mistakes

Errors or inconsistencies in your answers, whether accidental or due to misunderstanding, can cause delays or denials. Your attorney can help prevent these mistakes and, if needed, request clarifications or rephrase questions to ensure you fully understand before answering.

Professional Advocacy from Start to Finish

When you have an attorney with you, USCIS officers know that your case is being handled professionally and that you are committed to complying with the law. This added level of professionalism can sometimes contribute to smoother interactions and a more efficient process.

Contact Casais & Prias, PLLC at (305) 722-8015 to schedule a consultation and have experienced legal representation at your citizenship interview.

Citizenship Interview FAQs

Is it required to have a lawyer at my citizenship interview?

No, but it is highly recommended.

Will my lawyer speak for me during the interview?

Your lawyer can clarify legal points but cannot answer factual questions for you.

Can a lawyer attend a virtual or remote USCIS interview?

Yes, attorneys can be present for both in-person and remote interviews.

Does having a lawyer make USCIS suspicious?

No. Many applicants hire attorneys simply to ensure the process is smooth and their rights are protected.

Can my lawyer help me prepare for the civics and English test?

Yes, they can guide you to study resources and ensure you understand the test format.

What if the officer asks an improper question?

Your lawyer can object and request the question be rephrased or excluded if it’s irrelevant or inappropriate.

Will having a lawyer speed up my case?

While it won’t shorten USCIS’s processing time, it can help avoid delays caused by mistakes or missing information.

Florida Divorce Laws Explained: Property, Children, Alimony, and Your Rights

Divorce is a challenging and emotional process, and understanding the legal framework in Florida can help you make informed decisions. Florida divorce laws, also referred to as “dissolution of marriage” laws, govern how the courts handle matters such as property division, child custody, alimony, and other critical issues. Whether you are considering filing for divorce or are already in the process, knowing the basics can make a significant difference.

Grounds for Divorce in Florida

Florida is a “no-fault” divorce state. This means that you do not need to prove wrongdoing by your spouse. The primary grounds for divorce are that the marriage is “irretrievably broken” or that one party has been mentally incapacitated for at least three years.

Division of Assets and Property

Florida follows the principle of “equitable distribution” when dividing marital property and debts. This means that assets are divided fairly but not necessarily equally. Marital assets typically include property, bank accounts, retirement accounts, and investments acquired during the marriage, regardless of whose name is on the title. Separate property—assets owned before the marriage, gifts, or inheritances—are generally excluded unless they were commingled with marital assets. The court considers factors such as each spouse’s contribution to the marriage, the length of the marriage, and each party’s economic circumstances when determining distribution.

Child Custody and Parenting Plans

In Florida, the term “custody” has been replaced with “time-sharing” to emphasize the importance of shared parental responsibility. The court’s primary concern is the best interests of the child. Parenting plans outline how parents will share decision-making responsibilities and time with the child. Factors influencing the court’s decision include the child’s age, health, emotional needs, and the parents’ ability to cooperate. The goal is to encourage ongoing and meaningful relationships between the child and both parents.

Child Support

Child support in Florida is calculated based on statutory guidelines that consider each parent’s income, the number of overnight stays each parent has with the child, and other expenses such as healthcare and childcare costs. The state aims to ensure that children maintain a similar standard of living after the divorce as they had during the marriage.

Alimony in Florida

Alimony, or spousal support, may be awarded when one spouse needs financial assistance and the other has the ability to pay. Florida recognizes several types of alimony, including bridge-the-gap, rehabilitative, durational, and permanent alimony. The court considers factors such as the length of the marriage, the standard of living established during the marriage, the financial resources of each spouse, and contributions to the marriage, including homemaking and childcare.

The Divorce Process

The process typically begins with one spouse filing a Petition for Dissolution of Marriage in the appropriate county court. The other spouse must be served and given time to respond. The parties then exchange financial disclosures and may enter negotiations or mediation to resolve disputes. If an agreement is reached, the court can finalize the divorce without a trial. If not, the case proceeds to trial, where a judge makes the final decisions on contested issues.

Why Legal Guidance Matters

While Florida law provides a framework, each divorce case is unique. An experienced attorney can help protect your rights, negotiate fair settlements, and guide you through complex issues. At Casais & Prias, PLLC, we approach every divorce with compassion, diligence, and a commitment to securing the best possible outcome for our clients.

Contact Casais & Prias, PLLC at (305) 722-8015 to schedule a consultation and discuss your divorce case with an experienced family law attorney.

Florida Divorce Laws FAQs

What is the residency requirement for filing for divorce in Florida? One spouse must have lived in Florida for at least six months before filing.

Does equitable distribution mean a 50/50 split? Not necessarily. The court aims for fairness, which can result in an unequal but equitable division.

Can my spouse and I create our own parenting plan? Yes. If both parties agree and the court finds it to be in the child’s best interests, it will be approved.

Is alimony guaranteed in a Florida divorce? No. Alimony is awarded based on need, ability to pay, and other statutory factors.

Can I get a divorce without going to court?

Yes. Uncontested divorces, where both parties agree on all terms, can be finalized without a trial.

What happens to our debts in a divorce?

Debts acquired during the marriage are divided under the same equitable distribution principles as assets.

How long does a divorce take in Florida?

It depends. Uncontested divorces may finalize in a few months, while contested cases can take a year or more.