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.

Establishing paternity is a critical legal step that impacts the rights and responsibilities of both parents and the well-being of a child. In Florida, paternity is not automatically assumed unless the parents are married at the time of the child’s birth. If a child is born outside of marriage, legal action may be necessary to determine the identity of the child’s father and to establish his rights and obligations under Florida law, even if the Father is listed in the child’s birth certificate.

Whether you are a mother seeking child support, a father pursuing custody rights, or a man disputing paternity, understanding the legal process is essential. The family law team at Casais & Prias, PLLC helps clients across Miami and throughout Florida navigate this often complex area of the law with clarity and compassion.

Why Establishing Paternity Matters

Legal paternity provides the foundation for many important parental rights and responsibilities. Once paternity is established, the father may pursue timesharing (custody) and decision-making rights, and the child becomes eligible for benefits such as:

• Child support
• Health insurance coverage
• Inheritance rights
• Access to medical history
• Social Security and veteran’s benefits (when applicable)

For mothers, establishing paternity allows for legal enforcement of child support, ensuring the child receives financial assistance from both parents.

How Paternity is Established in Florida

There are several ways to establish paternity under Florida law:

Marriage
If the mother and father are legally married when the child is born, the husband is automatically presumed to be the child’s legal father. No additional steps are needed.

Voluntary Acknowledgment
If the parents are unmarried, both can sign a Voluntary Acknowledgment of Paternity form at the hospital or later through the Florida Bureau of Vital Statistics. This form becomes legally binding 60 days after signing unless one party contests it in court.

Administrative Order Based on Genetic Testing
If paternity is uncertain or disputed, the Florida Department of Revenue may issue an administrative order for genetic testing. If the test confirms paternity, the state can establish the father’s legal status without going to court.

Court Order
Either parent may file a petition in circuit court to establish paternity. This is common when one party contests the claim or when the court must also address issues like timesharing, child support, or parental decision-making.

What Are a Father’s Rights Once Paternity is Established?

Establishing paternity opens the door for a father to seek shared parental responsibility and timesharing. Florida law favors active involvement by both parents whenever it is in the best interest of the child. A father may petition the court for a parenting plan that includes regular visitation and joint decision-making authority.

Without legal paternity, an unmarried father has no enforceable rights—regardless of how involved he has been in the child’s life.

What Are the Legal Responsibilities of a Father?

Along with rights come legal responsibilities. Once paternity is confirmed, the father becomes legally obligated to support the child financially. This typically includes:

• Regular child support payments
• Contribution to health insurance and medical expenses
• Potential responsibility for daycare or educational costs

The amount is calculated based on Florida’s child support guidelines, which take into account each parent’s income, the number of overnight stays, and other expenses.

Call Casais & Prias, PLLC for Experienced Guidance

Whether you’re seeking to confirm paternity or protect your rights as a parent, the legal team at Casais & Prias, PLLC in Miami can help. Our family law attorneys understand the emotional and legal stakes involved in paternity cases and will work diligently to protect your child’s best interests and your legal rights.

Don’t leave such an important matter to chance—call (305) 722-8015 today to schedule a confidential consultation.

Paternity in Florida FAQs

How long does it take to establish paternity?
If both parties agree, paternity can be established quickly through a signed acknowledgment. If court proceedings or genetic testing are required, the process may take several months.

Can paternity be established after the child turns 18?
Generally, paternity actions must be initiated before the child turns 18. Exceptions may apply in inheritance or other legal matters.

What if I signed the birth certificate but later discover I’m not the father?
Signing the birth certificate alone does not establish legal paternity. However, if you also signed an acknowledgment of paternity, you may need to go to court to challenge it.

Can a mother refuse to allow paternity testing?
If a court orders testing, refusal can result in legal consequences, including a default judgment.

Is a DNA test always required?
Not if both parents agree and voluntarily acknowledge paternity. However, in contested cases, genetic testing is usually ordered.

What happens after paternity is established?
The court may issue orders regarding child support, a parenting plan, and timesharing. Legal paternity also opens the door to additional rights and obligations.

Can I get visitation rights without establishing paternity?
No. In Florida, legal paternity must be established before a father can petition for custody or visitation.

Divorce can be one of the most emotionally and financially challenging experiences in a person’s life. Whether it’s a mutual decision or a contested process, getting a divorce in Miami requires careful navigation of Florida’s legal system. Legal representation is not just helpful—it can be essential in protecting your rights and ensuring a smoother transition into the next chapter of your life.

Understanding Divorce in Florida

Florida is a “no-fault” divorce state, meaning that neither spouse has to prove wrongdoing to file for divorce. The only requirement is that the marriage is “irretrievably broken” or, in some cases, that one party has been mentally incapacitated for at least three years.

Miami, located in Miami-Dade County, follows Florida’s family laws, which govern how issues such as child custody, property division, spousal support, and child support are handled. While some couples may pursue uncontested divorces, many face complex challenges that require professional legal guidance.

Why Legal Representation Matters

Hiring an experienced family law attorney in Miami ensures that your rights are protected throughout the divorce process. Divorce involves many critical legal and financial decisions. Without skilled legal counsel, you may agree to terms that are not in your best interest or fail to account for long-term implications.

Attorneys can help in the following key areas:

Child Custody and Timesharing

One of the most emotionally charged aspects of divorce is determining custody arrangements. Florida uses the term “timesharing” rather than custody, and the law emphasizes the best interests of the child. A parenting plan must be developed that outlines how both parents will share responsibilities and time with the child. Courts prefer arrangements where both parents remain actively involved, but that’s not always feasible or safe.

An attorney can advocate for your parental rights and help develop a plan that reflects your child’s needs and your family’s unique circumstances.

Division of Assets and Debts

Florida follows the principle of “equitable distribution,” which means marital assets and debts are divided fairly, though not necessarily equally. Determining what constitutes marital versus non-marital property can be complex. This includes real estate, retirement accounts, businesses, and debts incurred during the marriage.

A skilled attorney will work to ensure a fair distribution and prevent hidden assets or unfair settlements.

Spousal Support (Alimony)

Spousal support is not guaranteed in every Florida divorce. Courts consider factors such as the length of the marriage, the standard of living during the marriage, and each party’s financial resources and earning capacity. Whether you are seeking or contesting alimony, an attorney can present a strong case to support your position.

Legal Procedure and Paperwork

From filing the petition for dissolution of marriage to finalizing the divorce decree, the process involves detailed legal forms and strict deadlines. An attorney ensures that all documents are properly completed and filed, reducing delays and procedural errors.

Work With a Trusted Miami Divorce Attorney

At Casais & Prias, PLLC, we understand that divorce is more than just a legal process—it’s a life-changing event. Our experienced family law attorneys in Miami offer personalized representation to protect your interests, support your goals, and guide you through each phase of your case with compassion and professionalism.

If you’re considering or going through a divorce in Miami, don’t navigate it alone. Let our team help you protect what matters most.

Call us today at (305) 722-8015 to schedule a consultation.

Miami Divorce FAQs

What’s the difference between contested and uncontested divorce?
An uncontested divorce means both parties agree on major issues such as asset division, timesharing, and support. In a contested divorce, disagreements require mediation or court intervention.

Do I have to live in Florida to file for divorce here?
Yes, at least one spouse must have resided in Florida for a minimum of six months before filing.

How long does a divorce take in Miami?
It depends on the complexity of the case. An uncontested divorce can be finalized in a few weeks, while contested cases may take several months or longer.

Can I get divorced without going to court?
In some uncontested cases, a court appearance may not be required. However, most contested divorces involve at least one court hearing.

What happens to our home during divorce?
The marital home is considered part of the equitable distribution. Options include selling the home, one spouse buying out the other, or continuing joint ownership temporarily.

What if my spouse and I can’t agree on child custody?
The court will step in and determine a timesharing plan that serves the child’s best interests. Legal representation is crucial in these situations.

Will I have to pay child support?
Florida uses a statutory formula based on both parents’ incomes, the number of overnights the child spends with each parent, and other relevant expenses to calculate child support and determine which parent has to pay child support.