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.