Tampa Divorce Lawyer
If you are looking for a top law firm and a divorce attorney in Tampa FL residents trust, 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
Table Of Contents
- The Importance Of A Divorce Lawyer In Tampa
- What To Provide Your Divorce Attorney
- Tampa Divorce Lawyer Infographic
- Florida Divorce Laws
- Alternatives To Traditional Divorce Litigation
- Meet Tampa Divorce Lawyer Damien McKinney
- Divorce And Personal Finances – The Basics
- Tampa FL Divorce Attorney Explains Alimony Basics
- Prenuptial And Cohabitation Agreements
- Alimony And Child Support
- The Various Levels Of Child Custody
- The Legal Team At The McKinney Law Group Looks Forward To Speaking With You
- Tampa Divorce Law Statistics
- Tampa Divorce Law FAQs
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.
What are some of the difficulties of 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.
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.
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.
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.
TIMING YOUR DIVORCE PROCESS
The main considerations you’ll likely be faced with when thinking about timing your divorce are:
- The ability of you and/or your spouse to move out of the marital home
- Whether any of your financial assets will be significantly compromised by the timing of your divorce
- Whether any minor children will be impacted by the timing of your divorce and how significantly those impacts (the end of the school year, moving your child to another school district, etc.) should influence your timing choices
- How challenging it will be to fully separate your physical and intangible property between two households
With that said, when you attend a “Tampa divorce attorney free consultation” with a member of our experienced team, we’ll be able to more fully analyze the ways in which you, your family, and your unique situation may be impacted by timing your divorce in certain ways.
THE IMPORTANCE OF A DIVORCE LAWYER IN TAMPA
Getting a divorce can be tremendously difficult for you and anyone else involved. It could have an immense effect on your life, your finances, and your emotions. No two divorces are the same, and some can involve a very rocky process rife with challenges and unexpected legal troubles. Many of these things can be lessened with the professional guidance of a divorce lawyer Tampa has to offer.
The McKinney Law Group may help to guide you through the process as quickly as possible while ensuring your needs are addressed. Working together, we listen to what our clients have to say and we build claims that highlight their strengths. Through meticulous, well-planned legal tactics, it is our ambition to protect our clients’ parental rights, spousal rights, and physical and financial assets. If you believe any of the aforementioned is at risk, or your soon-to-be ex-spouse has already hired a lawyer, it may be a smart decision to get advice from a Tampa divorce lawyer.
THE MCKINNEY LAW GROUP’S AREAS OF EXPERTISE
The McKinney Law Group is a law firm that has built a rock-solid reputation in the Tampa, Florida area. As a divorce lawyer Tampa residents trust, you can feel confident in knowing you are working with a firm that is remarkable in terms of communication, ethics, and expertise. Combine these factors with a passionate zeal to achieve the goals of each client and you get a group of ardent lawyers who are prepared to fight tooth-and-nail for each case. Our divorce services are broad, but include:
- Spousal maintenance
- Asset division
- Parental kidnapping
- Spousal abuse or domestic violence
- Mediation and arbitration
- Prenuptial and postnuptial agreements
- Filing a personal protection order
WHAT TO PROVIDE YOUR DIVORCE ATTORNEY
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. Learn more on How a Divorce Attorney Can Help Your Divorce Process?
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 or Evidence
There may be other documents or 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.
TAMPA DIVORCE LAWYER INFOGRAPHIC
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.
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.
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.
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.
If you or a loved one is considering divorce and needs guidance on navigating Florida’s laws, the experienced team at The McKinney Law Group is here to help. Taking that first step towards a new chapter in life is never easy, but with the right legal support, you can ensure your rights and interests are protected every step of the way.
ALTERNATIVES TO TRADITIONAL DIVORCE LITIGATION
An experienced divorce lawyer in Tampa, FL knows that, at one time, the rules of divorce were very stringent. Most states required the couple to have grounds for divorce and the process was often a long and drawn-out legal affair. That has changed a great deal and nowadays, there are several different options besides the family court route to end a marriage. This can be particularly true if the couple has a good relationship and is able to work and negotiate how the marital estate and custody should be decided.
At The McKinney Law Group, our divorce lawyers serving Tampa can help facilitate the ending of your marriage through one of these alternative methods or, if you prefer, we also offer assistance with the traditional process. Call our office today to meet with a Tampa divorce lawyer to find out more details. In the meantime, the following is a brief overview.
Divorce mediation has become more popular for many couples who wish to end their marriage, however, it is critical to note that mediation will likely not work for couples who are unable to communicate with each other. A civil – if not friendly – relationship between the couple is definitely needed. The couple works with a mediator who will help them decide the important matters like child custody, asset, and property division, and other issues that need to be decided. Many states have uniform mediation laws in place which outline the requirements that need to be followed in this form of law.
Mediation offers many benefits over traditional litigation. In addition to the minimal amount of time it takes, there is also financial savings. Normally, a divorce lawyer for Tampa, FL will charge by the hour, and the fewer hours spent in a courtroom hammering things out the less money you have to pay in legal fees.
There are also great emotional values to medication. Because it is a less confrontational format than traditional litigation, there is less stress and anger for the couple. This also means that it can make the breakup of their parent’s marriage less traumatic for children and easier for them to adjust.
Collaborative divorce is a mix of traditional litigation and mediation. Like mediation, there is a third party who the couple will work with. It is also conducted outside of family court. The couple will work to decide the marital issues, but they do this while working with a team who will help work through those decisions. In addition to their divorce lawyers in Tampa, they may also each have psychologists, accountants, real estate appraisers, and anyone else who may be needed.
If the couple is not able to reach an agreement, both divorce attorneys are required to withdraw from the case before the couple moves to the traditional divorce litigation process. The discussions that took place during the collaborative effort may have included confidential information. Changing attorneys eliminates the possibility that this information can be used in the traditional divorce process against the other spouse. If you are in the middle of this process and need a new divorce lawyer in Tampa, please reach out to the professionals at The McKinney Law Group.
If you would like to know more about the divorce process and your options, give a divorce lawyer Tampa FL clients recommend a call. During a complimentary consultation, you can discuss your concerns with a divorce lawyer from The McKinney Law Group who can protect your best interests however you decide to move forward. Learn more about preparing to file for a divorce.
MEET TAMPA DIVORCE LAWYER DAMIEN MCKINNEY
One of the Best Divorce Lawyers in Tampa, Florida
There are a number of ways that filing for divorce may affect your finances. The two most obvious ways that divorce affects the finances of those involved are the legal costs of divorce and the practical costs of divorce. The legal costs associated with divorce are temporary. They include filing fees and legal fees associated with retaining a lawyer to represent you as you work to obtain a fair divorce settlement. The practical costs of divorce are those that are tied to the reality of transforming a single household into two independent households. An experienced Tampa, FL divorce lawyer can help you to mitigate the “hit” that both the legal and practical costs of divorce may take on your personal financial situation.
DIVORCE AND PERSONAL FINANCES – THE BASICS
It is important to understand from the start that during the divorce process, marital property must generally be divided equitably. Practically speaking, this means that any income, property, and assets acquired during the marriage (with a few notable exceptions) must generally be divided equitably between you and your spouse before your divorce settlement can be finalized.
This is not to say that every piece of property that you own must be somehow split in half. The process of equitable division of assets and property generally entails having the sum total of your marital property evaluated and then attempting to fairly divide assets and property so that each spouse retains half the value of all marital property. For example, if a couple has $500,000 worth of marital property and assets, one spouse may choose to keep the marital home and the couple’s savings, which together have a total value of $250,000. Meanwhile, the other spouse may choose to retain the couple’s retirement accounts, vacation property, and a valuable collection of vintage bicycles which have a total combined value of $250,000. It is precise because evenly dividing marital property can be such a complex business that it is important to consult with one of the best divorce lawyers in Tampa, FL before making any assumptions about the property you intend to keep in the divorce.
Legal Guidance Is Available
If you have questions about the divorce process generally and/or the impact that divorce may have on your finances specifically, please consider scheduling a consultation with one of the best divorce lawyers in Tampa at your earliest convenience. Worrying about your finances is normal during a major life transition and is even more understandable when it comes to divorce. Transitioning a single household into two independent households is a notoriously expensive process. However, there are ways to keep your practical and legal divorce costs low. One of the best divorce lawyers in Tampa, FL can help you to clarify your situation and to make informed choices about your finances. Then, you can work together to construct a solid legal strategy moving forward.
TAMPA FL DIVORCE ATTORNEY EXPLAINS ALIMONY BASICS
After a divorce, spouses may be obligated to pay support for the former spouse. This agreement can be decided between the couple or in some cases be determined by the court. At The McKinney Law Group, we strive to help you during this already difficult time. You may be in need of spousal support but find that a fair agreement is not being met. Our lawyers will work alongside your side and guide you every step of the way so that you are receiving the financial support you need.
The Purpose of Alimony
Alimony was put into action as a way to restrict one-sided economic effects after a divorce on either individual. Alimony is having the higher-paid spouse provide financial support to the lower-wage-earning spouse or a nonwage-earning spouse. There are two primary purposes of alimony:
- One of the spouses may have chosen to stay home with the family to help raise children. Alimony will allow that spouse the opportunity to develop job skills without the extra financial burden.
- Help the spouse maintain the standard of living they had during the marriage.
Determining the Amount of Alimony
If the couple can come to an agreement on their own regarding spousal support you may not need to go to court. However, in the event that you do, the court has few guidelines and restrictions that must be followed when determining if alimony should be awarded or not. Our knowledgeable Tampa FL divorce attorney will advocate on your behalf and encourage the court to keep the following factors in mind when making decisions regarding alimony:
- Physical condition, age, financial condition, and emotional state of the spouses.
- If it is feasible for the spouse paying alimony to still support herself or himself.
- The standard of living that the couple shared during marriage.
- How long the marriage lasted?
- How much time would the individual receiving spousal support need for training or education in order to become self-sufficient?
The length of time that alimony must be paid varies according to different factors. These may include:
- Spousal support is only being paid for the time period it takes for the recipient spouse to gain the training or education needed to become self-supporting. However, the court orders must specify a termination date in order for them to stop, otherwise, alimony must continue to be paid.
- If the recipient spouse gets remarried, the spousal support will most likely end.
- In some situations, if the spouse paying alimony dies, spousal support may still be obtained by the other spouse. This is determined by the court and they will analyze age and/or health conditions. If they believe the individual is still in need of financial assistance, the support may come from the paying spouse’s life insurance or estate proceeds.
PRENUPTIAL AND COHABITATION AGREEMENTS
A divorce attorney Tampa FL locals recommend from The McKinney Law Group is available for those who desire a prenuptial or cohabitation agreement. Since 2012, Super Lawyers continues to name Damien McKinney a rising star, and he works hard to maintain his growing reputation. As a divorce attorney in Tampa FL, Damien is well suited to help individuals protect their rights prior to entering into a partnership that will hopefully last forever, but may not.
When couples enter into holy matrimony or into a cohabitation arrangement, they intend it to last forever. Sadly, all too often this is not the case and the resulting financial issues can wreak havoc. When a partner enters into the relationship they may have assets that need to be protected before marriage or formal cohabitation. Each situation is unique, which is why it’s important to discuss the details with Damien McKinney, who can advise you on your legal options. Call The McKinney Law Group at 813-906-0048 to schedule a free and confidential consultation. The following general information may answer some of your questions about prenuptial and cohabitation agreements.
What are prenuptial and cohabitation agreements?
Both types of agreements are intended to preserve and protect the rights of two individuals prior to getting married or moving in together. Usually the document specifies how assets will be divided if the relationship ends. In addition to assets, other important arrangements such as spousal support may be specified depending on the individuals involved.
- A prenuptial agreement is one that is agreed to between two people prior to getting married. Many couples hire a divorce attorney Tampa FL relies on to draft a prenuptial because it offers the following advantages:
- This type of agreement is governed by family law.
- Upon the passing of one of the spouses, a prenuptial agreement can help reduce or eliminate federal estate taxes on assets inherited by the surviving spouse as well as the children. A divorce attorney Tampa FL offers can provide more information about these tax advantages.
- The surviving spouse can be protected and provided for financially with a prenuptial agreement in place. A trusted divorce attorney Tampa FL turns to can draft a legally binding agreement accordingly.
- A Tampa divorce attorney can use a prenuptial agreement to specify the desires of a partner for how they wish their estate assets should be divided and distributed after their passing.
- A cohabitation agreement is one that is agreed to between two people prior to moving into the same dwelling.
- This type of agreement is governed by contract law.
- Cohabitation agreements cannot legally specify child custody arrangements or other issues pertaining to children.
- Unmarried couples, particularly those who reside in states that do not recognize common law marriage, can use a cohabitation agreement in lieu of a prenuptial.
Many people often get married without worrying about the legal consequences. This can increase the risk of a legal dilemma in the future, such as dissolution of marriage. A prenuptial agreement can be a legal alternative for couples who desire to get married, but would like to have legal protection in place. Postnuptial agreements are willingly drawn after a marriage. Similar to a prenuptial, it can ease any apprehensions over assets and capital distribution in the event that something happens to the marriage. If a divorce is initiated, the postnuptial agreement dictates what happens with assets, personal belongings, and other capital the individuals may own. To get your questions answered, contact a divorce attorney in Tampa FL at the McKinney Law Group.
ALIMONY AND CHILD SUPPORT
Alimony is usually determined during dissolution of marriage cases. It is also known by many as spousal support, and is occasionally granted after dissolution of marriage to provide one party with monetary help to be able to sustain their standard of living. This method is only used when divorce has not been filed. On the other hand, if a divorce has been filed and support is needed, then a Motion for Temporary Aid could be filed with the court. The McKinney Law group is where you can find the type of divorce attorney Tampa FL residents should look for, so don’t hesitate to call us today for your free consultation.
Child support refers to economic support concerning the care of child after a dissolution of marriage or similar legal situation. In regards to child support, the reimbursement areas are broad, but not restricted to fees for medical care, living expenses, school, and extracurricular activities. The McKinney Law group is standing by to assist you with our current situation and develop a customized plan that can work for you and your family. Contact us today to speak with the kind of divorce attorney Tampa FL has to offer. Learn about What are the current divorce statistics?
THE VARIOUS LEVELS OF CHILD CUSTODY
When two parents decide to split up, they must find out a way to negotiate the terms of child custody. The parents may try to do this through mediation, but if that is not possible then they may have to attend court for a judge to have the final say. There are many levels of custody a parent may be awarded. Disputes regarding who gets custody can get ugly very quickly, as emotions are probably running very high during this time.
An attorney at The McKinney Law Group understands how stressful fighting for child custody may be for you and your children. A Tampa, FL divorce attorney will do everything in their power to see that you maintain a strong relationship with your children.
The judge may decide to award sole physical custody to one parent, or have each parent share this role through joint physical custody. The benefits of shared custody can be that each parent still feels as though he or she plays a pivotal role in their children’s lives. It can also be healthy for children to maintain an equal relationship and shared time with each parent, versus feeling like one parent is seen less often than the other. When parents are trying to figure out the terms of child custody through mediation, they may consider the following:
- What days or weeks shall be spent with each parent (assuming they both have joint physical custody)
- Whether one parent or the other plans to move within the next year or so
- How well each parent can deal with seeing the other on a fairly regular basis (when dropping off or picking up children)
- Which school the children would go to based on where both parents live
- How holidays and weekends are to be split up for the year
Similar to physical custody, a judge may award one parent sole legal custody, or have each parent share this role together. The parent with legal custody can make decisions regarding their children’s medical care, after school activities, education, religion, and more. An attorney at The McKinney Law Group can help you get ready for mediation sessions or court hearings in regards to custody. It is common for both parents to be awarded joint legal custody, unless any of the following had occurred throughout the marriage:
- Abusive behavior (physical, mental or emotional)
- Neglect involving the children or other parent
- Diagnosis of mental illness which has an impact on parenting
- Substance abuse (alcohol or drugs)
When Mediation Fails
When mediation sessions between you and your former partner regarding child custody are unsuccessful, then family court may be needed. Two parents may do their best to settle disputes but simply cannot arrive at a solution which makes them both happy. It can help to have a Tampa, FL divorce attorney be there for advice, answer questions, and represent you during your court hearings if needed.
Please contact our law firm to schedule an appointment with an attorney at The McKinney Law Group right away, if you need help during your child custody battle. You deserve having an experience Tampa FL divorce attorney at your side.
The legal team at The Mckinney Law Group looks forward to speaking with you.
Our firm has extensive experience assisting clients with divorces that are financially straightforward, financially complex, and virtually every variation possible in between. We would be happy to share our professional guidance with you and provide you with the necessary support as you navigate this life transition. Please don’t hesitate; to schedule a consultation today. We look forward to speaking with you.
The McKinney Law Group is a Tampa divorce lawyer many couples turn to when undergoing a legal separation or divorce. Although there are things you can do on your own as part of the legal process, without a divorce lawyer there are things you may not be able to do without a legal background. Florida’s family law court system is intricate and difficult to navigate. Regardless of whether or not your case is straightforward or complex, a divorce lawyer in Tampa can help you to get the outcome you would like. If you’re not sure about hiring a Tampa divorce lawyer, consider the following:
A Lawyer Can Anticipate Your Legal Issues
A Tampa FL divorce lawyer from our firm is well versed in the laws, legislation, and local regulations that might affect your case. An attorney from The McKinney Law Group can consider any potential future complications and prepare in advance to minimize surprises. Each case is inherently different; during your initial appointments with us we may discuss various things you should anticipate so that you know what to expect during the divorce proceedings.
A Lawyer Can Negotiate with Your Spouse’s Lawyer
If your spouse has hired a lawyer, it is advisable for you to do the same to ensure you are on even footing. By retaining your own Tampa divorce lawyer, you may not have to worry about direct interaction with the opposing counsel. We can also help you to prepare for depositions and conversations with the opposing lawyer, the judge, or others connected to your case. In addition, your Tampa divorce lawyer from our firm can negotiate with your spouse’s legal team.
A Lawyer Can Locate Assets
When it comes to a divorce, separating the assets can be one of the most difficult tasks. Often times there are assets that have been concealed from the other spouse. A respected Tampa divorce lawyer from our firm can have extensive resources to locate hidden or disguised assets in order to protect your rights.
A Lawyer Can Negotiate Timesharing with the Children
Retaining fair access to your children may be an important part of your divorce case. We can do our utmost to ensure your relationship with them is preserved.
A Lawyer Can Negotiate Alimony and Support
Whether you are seeking alimony or child support or maybe the one who makes the payments, it is a good idea to have a Tampa divorce lawyer on your side. We work hard to ascertain all of the facts and negotiate an agreement that is in accordance with your income, personal factors, and applicable laws.
Tampa Divorce Law 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 LAW 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.
Why hire The McKinney Law Group as your divorce lawyer?
The McKinney Law Group is a trusted divorce lawyer in the Tampa area. We have helped thousands of people through their divorces, and we can help you too.
We understand that going through a divorce is a difficult time for anyone. When you have children involved it can feel even more overwhelming. You need someone who understands what you are going through, who will fight to protect your rights and make sure your family is protected as well.
Our clients know that they can trust us to represent their interests and give them honest advice about their cases.
We work hard for our clients because we know how important it is for them to have someone on their side during this difficult process. We want to help people protect themselves and their families during these difficult times by providing them with compassionate representation while they go through this challenging process.
What are the steps leading up to divorce?
For a divorce to begin, only one spouse of the two has to come forward to fill out the necessary paperwork. The legal separation in Florida often starts when a spouse files a petition for divorce with their local court. The other spouse then receives notice of this petition. It is not uncommon for each spouse to hire a Tampa divorce lawyer for guidance during these early stages, as the divorce may only get trickier from then on out. In general, after the petition has been submitted, these steps follow suit:
A temporary divorce order: temporary rules are established for each spouse regarding child custody, alimony, housing, etc.
Service of process: the spouse who submitted the petition must show that the other spouse received a copy, along with any other relevant paperwork.
Response to divorce: the spouse who did not file the petition, has the opportunity to respond to the request for separation (particularly regarding claims the initial spouse brought forward as to the cause of divorce)
Negotiation/Mediation: each spouse may try to make amends to disputes through negotiation or mediation.
Trial date: if there are any conflicts that could not be agreed upon in negotiation/mediation, divorce lawyers will submit filings, and then the Tampa, FL court decides for the spouses instead.
Order of dissolution: the divorce has been finalized, and the spouses must separate their property/debs as affirmed by the court.
MCKINNEY LAW GROUP TAMPA DIVORCE LAWYER
1105 W Swann Ave Suite 100, Tampa, FL 33606
GET A DIVORCE WITH THE MCKINNEY LAW GROUP ON YOUR SIDE
By choosing to have a divorce lawyer on your side, you can feel peace of mind in knowing that the process may go much smoother. If you are ready to take action and move on with your life, please call The McKinney Law Group, a divorce lawyer Tampa offers.
TAMPA DIVORCE LAWYERS FREE CONSULTATION
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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