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Get The Answers You Need To Florida Divorce Questions

Not all marriages last forever. And not every divorce has to be stressful and turbulent. In fact, uncontested divorces can be very straightforward, fast and cost-effective. No matter what your issue or challenges are, the team at Jeffrey P. Cario, P.A., is here to help.

On this page, we’ve provided answers to some of the most common divorce questions asked by prospective clients. If you have questions or want to learn more about how our firm can help, we invite you to schedule an initial consultation at our Brooksville office. Simply reach out online or call 352-448-0546.

Do the attorneys at the firm have a focus or specialization?

Yes. With close to 40 years of Florida family law experience, firm founder Jeffrey P. Cario is board-certified in family and marital law and is a certified mediator by the Supreme Court of Florida. He is AV Preeminent* peer-review rated through Martindale-Hubbell and has been recognized as a top-rated lawyer in the Tampa Bay area. An active member of the Hernando County community, he is respected by his peers and judiciaries. He has also been included in the prestigious Super Lawyers list for six years (2006, 2008-2011 and 2020).

Kimberly A. Scarano worked for the Florida Department of Children and Families. Her work included terminating parental rights proceedings and providing legal counsel to child protective investigators, case managers and adoption case managers in her role as an adoptions specialist. Since joining the firm, she has focused on complex parenting and custody disputes. Previously, she worked as an assistant state attorney with the Sixth Judicial Circuit Court in Pasco County. Kimberly works in family law and also handles dependency cases and appeals.

What are the grounds for divorce in Florida?

In Florida, the grounds for divorce are relatively straightforward. The state recognizes two main reasons:

  1. Irretrievable breakdown of the marriage: This means that the marriage cannot be repaired, and one or both spouses believe that continuing the marriage is not possible.
  2. Mental incapacity of one spouse: If one spouse has been declared legally incapacitated for at least three years, this can also serve as grounds for divorce.

Florida is a no-fault divorce state, which means you do not need to prove wrongdoing by your spouse to file for divorce. There are many benefits to filing no-fault, including the fact that the process tends to be faster and less combative.

Does adultery affect a divorce case?

Due to the fact that Florida is a “no-fault” state, adultery, in and of itself, has no bearing on the outcome of a Florida divorce. It may, however, become relevant in other aspects of a family law case, such as if it caused neglect of children (in child custody matters) or dissipation of assets (in property division disputes).

How are marital assets and debts divided in a Florida divorce?

Like most states, Florida follows the “equitable distribution.” The court must divide marital assets and debts in a manner that is fair, though not necessarily equal. Only assets and debts acquired during the marriage are considered marital and subject to division. Assets and debts acquired before the marriage or through inheritance or gifts to one spouse individually are generally considered nonmarital.

Can the court make a decision on where a parent lives in a custody case?

Florida courts have the ability to restrict where parents live and raise their children. Under Florida Statute 61.13001, a parent can be restricted from relocating more than 50 miles from their principal place of residence at the time of the last order establishing or modifying time sharing or at the time of filing the pending action to establish or modify time sharing.

How long does an uncontested divorce generally take?

An uncontested divorce, one in which all issues are agreed upon, can be completely resolved within 30-60 days.

Do parents have custody rights over their children when they are unmarried?

Every parent has a right to parenting time (also called time sharing) with his or her children, regardless of whether or not they are married. There are behaviors that can affect parenting time, such as addiction and mental health concerns, criminal behavior or a history of abuse. A family law attorney can advise you of your parenting time rights or help you understand when custody or visitation by one parent is not in the best interest of the child.

Get Answers To All Of Your Divorce Questions

At Jeffrey P. Cario, P.A., we are here to help. Schedule an initial consultation so that you can have your most pressing questions answered and learn about your legal options. Call 352-448-0546 or send us an introductory email about your question or issue.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.