Divorce FAQs

Divorce FAQs
Divorce Attorney Tampa, FL

Current trends in modern society show that divorce is much more common than it was ten or twenty years ago. In fact, recent statistics indicate that one in four marriages end in divorce. It is also worth mentioning that folks who are in their second or third marriage are more likely to opt for divorce than those who are married for the first time. Many divorces are amicable and do not require legal counsel. There are some relationships, however, that end with resentment and an inability to compromise. In those cases, it is imperative to hire an experienced divorce attorney in an effort to facilitate compromise and resolve conflict. A divorce attorney may be able to better handle the necessary exchanges between the two people and expedite the divorce process. If you have found yourself facing a difficult divorce with an impossible spouse, the following information may help you.

Divorce process

  • The petition is the first step in any divorce. Although the specific material contained in the petition varies from state to state, the following general information should be included, as the document basically outlines the terms for divorce. Once the petition is served to the respondent, most states require it to be returned within a few weeks. The respondent should identify whether he or she will be contesting the petition.
    • Grounds for divorce- most states identify no-fault as the most appropriate grounds for divorce. Some states may recognize other reasons as viable grounds.
    • Custody arrangement of the children should be included along with the names and ages of the children.
    • Financial considerations can be broken into two components, assets and financial obligations (i.e., alimony and child support) of one spouse to another after the divorce is finalized.
      • Assets such as bank and retirement accounts, furniture, real estate, business, artwork, and vehicles are all subject to division in the divorce.
      • Alimony is not recognized in every state. Consult with your attorney to discuss the law in your state.
      • Child support is recognized in every state but the guidelines and calculations may vary. Generally speaking, most states look at the amount of children and the income of both parents in determining the appropriate monthly payment.
  • Negotiation may be necessary if the two parties disagree on the terms of divorce. A compromise must be reached in order for the divorce to be finalized. If the court must intervene, settlement conferences will likely be arranged. When the disagreement relates to child custody, the court may bring in a social worker to assess the children and parents.
  • Trial is only necessary when every attempt has been made for the couple to agree on the terms of the divorce. Trial can be costly and there is no guarantee on the outcome. It is always better to settle outside of a trial.

Role of the divorce attorney

In hiring a divorce attorney Tampa, FL divorcees are fortunate to have in their midst to facilitate divorce, the intense emotional history of the couple is curbed allowing the attorney to methodically guide his or her client to an agreement. In fact, an attorney is often essential to resolving the details of a contentious divorce.

Contact The McKinney Law Group for their insight into family law and common divorce questions.

Tampa Divorce Lawyer

Tampa Divorce Lawyer