Divorce Lawyer Tampa, FL

Professional Legal Representation for Your Divorce

If you are looking for a Tampa, FL divorce lawyer, it may be in your best interest to contact The McKinney Law Group. The McKinney Law Group is one of the highest-caliber law firms where you can find a Tampa divorce attorney. We are here to help you to meet your legal needs and our goal is to provide our clients with a high standard of legal advice during some of the most difficult times of their lives. Life in the immediate consequences of divorce can be messy, which is why we place sincere emphasis on this concept to serve our client’s legal needs. Located below is a description of our focus areas. Call us today to speak with the type of experienced divorce attorney Tampa FL residents deserve and learn how we focus on addressing our client’s needs. Learn about Wealth Management In Divorce

When it looks like divorce is on the horizon for your relationship with your spouse, then speak with an experienced Tampa, FL divorce attorney from The McKinney Law Group sooner rather than later. Divorce is often difficult to face emotionally, and unfortunately, it can be difficult to get through from the legal side too. Working with a lawyer may help it go more smoothly and take some of the pressure off you. Even when you are your (future) ex-spouse agree on most things it is beneficial to have a lawyer to represent your interests and ensure that your future is protected. Don’t hesitate to give us a call and get started on preparing for your divorce, even if it may still be far off.

Important Considerations During Divorce

• Finances: You may have already done some research or heard that divorce is expensive, and unfortunately that is often the case. From lawyer and court fees to alimony and asset dividing you could end up spending a lot of money, but you will also have a divorce legally finalized and the opportunity to move on with your life. For many it is worth the cost of divorce in order to cut ties with their current spouse.
• Emotional Trauma: For many people going through divorce it can be a very emotional process, since you likely didn’t think your relationship would end in divorce when you got married. Therapy may be beneficial for helping you cope and move forward from this. Your Tampa divorce lawyer can also help with the emotional struggle of your divorce by handling the legal part on your behalf, freeing you up to focus on more positive things in your life and start to plan for your future.
• Family Relationships Strained: Whether or not you and your spouse have children, there could be other family and friend relationships that will be affected by your divorce. You may lose friends or lose relationships with family members. If there are relationships that you want to preserve, you may want to consider speaking with those people early so that they will hopefully understand your side and not feel blindsided by the divorce.
• Custody of Children: For divorcing couples with children there are many more aspects to consider, such as custody, visitation, child support, and more. Ideally, you and your spouse will be able to work things out cordially as they relate to the children. In reality, it often gets messy when children are involved in divorce, but it is important to keep the children’s best interests in mind and put them first in any decisions.

If you’re considering ending your marriage, a divorce lawyer from The McKinney Law Group is available to help you move forward. To learn more about your options, contact our office to schedule a free consultation with a compassionate and experienced divorce lawyer. Below is some information about divorce options that may be of interest to you.

Fault and No-Fault Grounds for Divorce

Divorce laws vary by state, which is why it’s important to learn how they apply where you reside. At McKinney Law Group, a divorce lawyer can explain your legal options as they apply to your circumstances. No-fault divorces are available in every state, but this is not true of divorces granted on the basis of fault. Some of the most common examples of fault include mental or physical abuse, the imprisonment of one spouse, and adultery.

Annulment

For some couples, an annulment of their marriage is their preferred choice. However, there are certain criteria that must be met for a marriage to qualify for an annulment. A divorce lawyer from McKinney Law Group can determine if you can petition for an annulment. The intention of an annulment is to legally erase the marriage as if it never happened. It’s also important to understand the process, which will vary according to which type of annulment you choose. There are two types of annulments: civil annulment and religious annulment.

• Civil annulments are granted by a judge. Eligibility is based on meeting certain criteria. Talk to a divorce lawyer from our firm to find out more and if it will be possible for you to get an annulment.
• Religious annulments are granted by an ecclesiastical tribunal. The Catholic church allows annulments under certain conditions. Depending on the religion, non-Catholics can also get an annulment if they qualify.

Counseling

If you are unsure of whether or not you want a divorce, it may be possible to work out the differences and issues between you and your spouse. However, both of you must be willing to do this or else it’s unlikely to be effective. If you attend counseling and decide to move forward with ending your marriage, you may be able to work out post-marriage agreements such as child custody, spousal support, and other potentially contentious issues.

By working these issues out ahead of time, you may be able to avoid going to court, which can be costly. Instead, your divorce lawyer can draft an agreement to which both of you can agree. That will resolve the marriage faster and with less stress than attending divorce court.

Mediation

If you and your spouse do not attend counseling and decide to move on to ending the marriage, mediation is a way to work out the post-marriage agreements. This can avoid the need to attend divorce court, making the divorce process faster, less costly, and possibly making it less contentious as well. Your Tampa divorce lawyer can accompany you to the mediation sessions which will be overseen by a neutral third party.

Important Documents to Provide to Your Divorce Lawyer

Tampa FL divorce attorney Damien McKinney explains what to bring with you when you’re getting ready to divorce. This checklist helps us strategize how to obtain an outcome that is as close as possible to what you want.

Preparation goes a long way towards helping you obtain the results you need from your divorce. When you compile bills, statements, and other records, we’re able to get a clear understanding of you and your spouse’s lifestyle, plus past and current situations.

These documents also support why the outcome you want is the right one for you and your children. It’s not an exhaustive list, because each case is unique, but it’s an excellent start. To find out what you need for your case, contact Tampa FL divorce attorney Damien McKinney.

Marriage Documents

In order to divorce in Florida, you need to prove you’re married and that at least one spouse has lived in Florida for 6 months — although, please note that if you or your spouse is serving in the military in Tampa or another military base, the rules may be a little different for you.

Marriage documents can include:

• You can prove you’re married with a marriage certificate.
• Bring any prenuptial or separation agreements.
• Bring personal identification for you and, if possible, your spouse.
• Bring other proofs of residence as needed.

Financial Documents

Your financial documents are a requirement to divorce. Within about 6 weeks of the Petition for Dissolution of Marriage, the initial filing that starts your divorce process, you and your spouse will have to disclose your finances.

Since financial disclosures are often the basis of why we negotiate for certain outcomes, it’s vital to your case that you are upfront and transparent.

The McKinney Law Group is experienced with a variety of financial situations, whether in your prior residence or in Tampa FL. Divorce attorney ethics are clear here. Our job is to help you get your desired outcome, not judge your finances, so don’t withhold information here.

If you’re worried your spouse may be hiding or may try to hide assets, bring every piece of paperwork you can find that is related to what you think may be hidden. We can help you understand how you might do that if you’re not sure.

Financial documents may include:

• Personal and business tax returns for the past 5 years
• Proof of income, including pay stubs or offer letters
• Benefit statements, like company stock awards or insurance policies
• Bank account statements, including personal, business, or savings
• Other financial account statements, like stock portfolios or trusts
• Mortgage documents and household bills

Documents for Your Children

If you have children, we work hard to make sure all choices, decisions, and outcomes related to them are in their best interests. Learn more about Alimony.

Emotions can run high when it comes to the matter of your children in a divorce, so we look at the real situation and listen to your explanation of the documents in order to understand what’s best for them.

Your children’s documents may include:

• Birth certificates, indicating parentage
• Tuition receipts and other school expenses
• Medical bills or insurance policy costs
• Daycare receipts and related expenses
• Expenses related to special needs

Other Documents and Evidence

There may be other documents and evidence we require in order to make the strongest case possible for you. As we learn more about your needs, we can let you know if this comes up.

Other evidence can include:

• Your will, including any living wills
• Health directives
• Powers of attorney
• Personal testimony
• Testimony from third parties
• Interviews with your children

If you have been a victim of any kind of abuse, including psychological, physical, sexual, stalking, or harassment, please let us know immediately. We can help you understand how to stay safe and direct you to the appropriate resources. In these instances, please provide us with copies of police reports you may have, too.

Meet Tampa Divorce Lawyer Damien McKinney

Important Florida Divorce Laws

Navigating the complexities of divorce can be challenging. Every state has its unique statutes and procedures, and Florida is no exception. If you’re considering divorce in the Sunshine State, understanding the specifics of Florida divorce laws is essential. Working with an experienced Tampa, FL divorce lawyer can help to ensure that you can make informed decisions about how the state’s approach to divorce will affect your specific case.

• Residency Requirements

Before filing for divorce in Florida, at least one spouse must have been a resident for a minimum of six months prior to filing. The case can be filed in the county where either spouse resides.

• Grounds for Divorce

Florida is a “no-fault” divorce state, meaning neither party is legally required to prove that the other spouse did something wrong leading to the end of their marriage. The most common grounds cited are that the marriage is “irretrievably broken,” which essentially indicates that the couple cannot reconcile.

• Division of Assets And Debts

Florida operates under the principle of “equitable distribution,” which means that marital assets and debts will be divided in a fair, though not necessarily equal, manner. Factors that can influence this division include the length of the marriage, the financial circumstances of both parties, and each spouse’s contribution to the marriage, among others.

• Alimony Considerations

One of the more contentious aspects of many divorces is alimony or spousal support. Florida law considers various factors when determining alimony, such as the standard of living during the marriage, the duration of the marriage, and the financial resources of each party. There are different types of alimony, including bridge-the-gap, rehabilitative, durational, and permanent, each serving a distinct purpose. The state’s alimony laws were recently overhauled, but a skilled Tampa divorce lawyer at our offices can walk you through these changes and how they may affect you.

• Child Custody and Support

Florida courts prioritize the best interests of the child when determining custody arrangements. Factors taken into account include the health and safety of the child, the moral fitness of the parents, and the child’s school and community record.

Child support, on the other hand, is determined using the state’s guidelines that primarily factor in the incomes of both parents and the needs of the child. It’s essential to ensure accurate representation of finances as child support calculations can significantly impact both parties.

• Collaborative Divorce

For those seeking to avoid the traditional litigation route, Florida offers the option of collaborative divorce. This process involves both spouses and their attorneys working cooperatively to reach a mutual agreement without resorting to court intervention. It can be a less adversarial and more private approach, but both parties must be willing to cooperate.

• A Fresh Start Awaits

Divorce is undoubtedly one of the most challenging experiences anyone can go through. Yet, armed with knowledge and understanding of Florida’s divorce laws, the process becomes more transparent, allowing you to make informed decisions. It’s always advisable to engage with an experienced Tampa divorce lawyer who can provide guidance tailored to your unique situation.

Tampa Divorce Infographic

Tampa Divorce Statistics

According to the U.S. Census Bureau, mothers are awarded sole or primary physical custody in about 80% of child custody cases in the United States.

• About 26.5% of children under the age of 21 live with only one parent.
• About 30.1% of children living with only one parent live in poverty.
• About 40% of U.S. states have laws that favor joint custody.
• About 51% of custody cases are settled without a judge’s ruling.

Tampa Divorce FAQs

Divorce is a difficult time for everyone involved, especially if the divorce is not amicable. If you are going through this difficult time, it is important to know what your rights are and how to protect them. Here are some of the most common questions people ask about divorce lawyers.

What exactly is divorce mediation?

Divorce mediation is when a third unbiased party meets with both spouses to see if a resolution can be found. Mediation can be a helpful resource for spouses who want to save money on legal fees by trying to meet in the middle for their differences face-to-face. The topics that may be discussed in divorce mediation can include shared debts, child custody, child support, housing, spousal support, property division, pet ownership, guardianship of minor children, medical/life insurance, and more.

What if I can’t talk directly with my spouse without an argument coming up?

If your divorce is filled with anger and resentment, you may not be able to speak with one another without hostility erupting. A Tampa divorce lawyer can come in handy when you need someone to assist in communications. In some cases, the attorneys of each spouse may have to speak on their behalf, as a way to avoid direct contact.

What does a divorce lawyer do?

A Tampa FL divorce lawyer helps you with the legal process of dissolving your marriage. This can be a very complicated matter, so it’s important to find a lawyer who has experience with family law from The McKinney Law Group.

Divorce lawyers have the necessary knowledge and experience to handle any type of divorce case. They are experts in family law and can provide effective solutions to your problems. If you want a successful outcome, it is important that you hire an experienced lawyer who will guide you through the process. This will ensure that everything goes smoothly without any complications.

What should I expect from a divorce lawyer?

You should expect your divorce lawyer to help you navigate the legal system and get through your divorce as quickly and painlessly as possible. A good Tampa divorce lawyer will help you understand what’s going on and will make sure that your rights are protected.

Divorce lawyers can help with all aspects of your case including drafting documents and making sure everything goes according to plan. They also work with judges and other court officials which can be helpful when trying to get something done quickly or efficiently in court.

Can I represent myself in court?

Yes, you have the right to represent yourself in court but this is not recommended. If you choose to do so, you will need to follow the proper procedures and rules of court. You will also be responsible for preparing all of your own paperwork and presenting your arguments in front of the judge. This can be difficult for someone who doesn’t understand how the court works or has never practiced law before.

What is their role in the court system?

Divorce courts can be complex and confusing if you have no experience with them before. A good Tampa divorce lawyer knows how these courts work and will be able to help you navigate them successfully.

Your divorce attorney will assist you throughout the entire process, from filing for divorce to reaching a settlement. A skilled Tampa FL divorce lawyer from The McKinney Law Group knows how to navigate the legal system and will work hard to get you the results you want. They’ll also be there for emotional support during this difficult time.

The McKinney Law Group, Tampa Divorce Lawyer

1105 W Swann Ave Suite 100, Tampa, FL 33606

Contact Our Tampa Divorce Lawyer Today

Couples thinking about filing for legal separation or divorce should know that they don’t need to pay for a case evaluation from our Tampa divorce lawyers; free consultations are available. Unlike many other family law groups, our firm offers free consultations because we believe that it benefits everyone to allow potential clients to ask questions in a no-risk, no-obligation setting.

Filing for divorce is a life-altering decision. We don’t want our clients to feel that they can’t explore their options or clarify the ways in which the divorce process may affect them practically, financially, and legally before they formally hire a firm to represent them during a divorce case. If you’re thinking about filing for divorce, you have nothing to lose by scheduling a free consultation. Instead, this process will hopefully leave you feeling empowered to make informed decisions about your situation moving forward, whatever those decisions end up looking like.

If you are thinking about filing for divorce, regardless of whether you’ve committed to this plan of action or not, consider scheduling a free consultation with the experienced Florida legal team at The McKinney Law Group today. Too often, individuals only seek legal counsel when they’ve made a decision that they have no intention of “budging” from. There’s certainly nothing wrong with seeking legal counsel once you’ve committed to a plan of action. However, it can be truly advantageous to consult with an attorney when you’re in the process of making a decision. That way, you can make a more informed decision than you would have otherwise.

If you have questions about the divorce process, concerns about your particular case, or are simply curious about the ways in which the divorce process is likely to progress based on your unique circumstances, call our firm today for a no-cost case evaluation. It isn’t a resource that many people think to take advantage of, but a free consultation with Tampa divorce lawyers is an investment well worth your time and energy.

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