Common Questions Related To Divorce Law

Common Questions Related To Divorce Law

We help individuals and families make informed legal decisions throughout every stage of the divorce process. With a foundation built on client-focused representation, we offer legal guidance in areas such as alimony, child custody, property division, and post-divorce modifications. We understand that every family dynamic is different, and we work to provide steady support backed by a thorough understanding of Florida family law. From high-asset divorces to uncontested filings, our team helps clients weigh their options and move forward with clarity. If you’re looking for guidance from a Tampa, FL divorce lawyer, we’re here to help.

Do Both Spouses Need Separate Lawyers?

While it’s not legally required for both spouses to hire separate attorneys, it’s often a smart choice. Each spouse has different interests, and one attorney cannot give legal advice to both parties. If the divorce is uncontested and amicable, one party may choose to hire a lawyer while the other proceeds without one, but this can lead to imbalance. Having individual representation allows each person to receive clear advice tailored to their goals and responsibilities.

What Is The Difference Between Contested And Uncontested Divorce?

In an uncontested divorce, both spouses agree on all the key terms—such as property division, child custody, and support—so the case moves forward without litigation. This process is generally quicker and less expensive. A contested divorce happens when the spouses cannot agree on one or more important issues, requiring court involvement to make decisions. Most divorces start as contested, but many are resolved through negotiation or mediation before trial.

How Can A Divorce Affect Taxes?

Divorce impacts taxes in several ways. Filing status typically changes from married to single or head of household, which can alter tax brackets and deductions. Alimony payments may also affect tax obligations, especially for divorces finalized before 2019, when they were deductible for the payer and taxable for the recipient. Decisions about property transfers and claiming dependents can affect taxes, so it’s important to address them during settlement discussions.

Can A Divorce Decree Be Changed After It Is Finalized?

Yes, certain parts of a divorce decree can be modified after the final judgment, but only under specific circumstances. Issues like child support, custody, or alimony may be revisited if there’s a significant change in circumstances—such as a job loss, relocation, or a shift in parenting needs. Property division is harder to change once finalized, unless there was fraud or a major error. Courts generally require a formal request to review and approve any post-divorce modifications.

What Rights Does A Spouse Have During The Divorce Process?

Each spouse has the right to access financial information, participate in court proceedings, and present their case regarding custody, support, and division of assets. Both parties can also seek temporary relief for support or custody while the case is pending. Having legal representation can help protect those rights, especially if the other party is uncooperative. Divorce courts aim to provide a fair process, but it’s up to each spouse to assert their interests throughout the case.

Working Through Divorce With Legal Clarity

Divorce can involve both legal and emotional challenges, but having straightforward information can make the process easier to handle. Whether you’re preparing for separation or responding to a spouse’s filing, we’re here to provide support at every step. If you’re unsure about your rights or how to proceed, it may be time to speak with a family law attorney who understands your situation. The McKinney Law Group is available to assist those seeking guidance from our legal professional.