Family Lawyer Tampa FL
Family Lawyer in Tampa FL
A seasoned family lawyer Tampa FL residents trust understands that when a client is facing a family law issue, it can be emotionally trying. Attorney Damien McKinney built his practice, The McKinney Law Group, as a solid reputable firm and a dedicated Tampa family lawyer who aggressively fights for his clients. The legal team from The McKinney Law Group has been focused on the practice of family law for over a decade. Attorney McKinney has been named a rising star by Super Lawyers each of the past five years. In 2016, he was awarded the Super Lawyers Distinction of Excellence, an honor presented to just 5% of the lawyers in the entire state of Florida.
How We May Help
A professional family lawyer Tampa FL clients recommend should be knowledgeable in all aspects of Florida family law statutes. Florida lawmakers are very focused on doing whatever they can in order to improve on current family law statutes, so those laws are always evolving. It is critical that the Tampa family lawyer you choose to represent you stays current on whatever those changes are. Some of the more common family law issues that clients come to our firm for include:
Dissolution of Marriage
If you have decided to end your marriage, a family lawyer Tampa FL has to offer may help. There are several options for ending your marriage, depending on your circumstances. The most common way to end a marriage is through divorce, either through traditional litigation, mediation, and collaborative divorce. If either spouse is in the military, our firm can also handle the complexities of military divorce. In some cases, couples may end the marriage by having it annulled. Florida law requires strict criteria to be met for an annulment, and a family lawyer Tampa FL families trust can explain if you qualify. Some couples choose to file for a legal separation first if they are having difficulties but are unsure if they want to end their marriage permanently. Our firm may help you decide which option is best for your situation. If you are currently in a relationship and you fear for your safety (or the safety of your children) in any way, our firm may be able to help you find an immediate solution before pursuing legal protection.
Child Custody and Child Support
Whether legally married or not, when the relationship between two parents is ending, a family lawyer Tampa FL parents rely on may assist in negotiating a child custody arrangement. We may help you determine if shared responsibility or sole responsibility is in your child’s best interest. It is also important to work out a parenting plan that addresses all other aspects of shared parenting, including parenting time, holidays, vacations, and other parental responsibilities. Along with child custody, it is usually necessary for the courts to determine if and how much child support there should be. In addition to a regular monthly payment, other financial factors may be considered, including the costs of education, medical insurance, and extracurricular expenses.
Additional Family Law Services
Divorces and child custody agreements are two of the most common services that a family lawyer Tampa FL trusts might handle. However, at The McKinney Law Group, we have a history of helping our clients with a variety of legal services. These include:
- Spousal support (alimony)
- Determining which property or assets belong to the parties in the marriage
- Repayment of existing debts
- Evaluation of marital property
- Prenuptial agreements
- Adoptions and guardianships
- Post-judgement modifications
The classification of family law cases can vary extensively, and each category has their own challenges. The myriad of complexities associated with a divorce or a family law matter can quickly become confusing. At The McKinney Law Group, we understand that your needs are unique. Our team is proud to give our clients trusted legal services while also remaining compassionate and caring. If you need to speak with a family lawyer Tampa FL can provide about an issue that isn’t listed above, we still encourage you to contact our office.
Child Custody QA
How Is Child Custody Decided?
Legal and physical custody can both be agreed on by you and your spouse heading into your divorce. If you’re unable to reach an equitable agreement, you may consider the use of a mediator or arbitrator to help you decide. If that process fails, the judge will take into consideration who the primary caregiver has been, each spouse’s health, fitness and living arrangements, and to a small extent, the wishes of the children if they are old enough.
How Is Visitation Determined?
Visitation is part of the parenting plan you and your spouse will enter into. If one parent is granted sole legal and physical custody, the other parent will have a regular visitation schedule. A common visitation schedule is Wednesdays after school and every other weekend.
Your parenting plan must contain information about what happens in case of an emergency, holidays and school breaks. Your family lawyers in Tampa Fl, can help you work out a fair visitation schedule.
What Should I Do if My Spouse Is Violating the Visitation or Custody Orders?
You should take your spouse back to court if she is violating the visitation or custody orders. She will likely be held in contempt of court and could be subject to fines, jail time or other sanctions. Talk to your family lawyers in Tampa FL, at Mckinney Law Group if your spouse is willfully disobeying the custody or visitation orders.
Can My Children Choose Who They Want To Live With?
The short answer is no. The long answer is not entirely. Depending on the maturity level and age of the child, the judge may choose to interview the child in chambers, outside of the parents’ presence. The judge will listen to the child, and take what the child said into account during deliberations on the custody case.
Do Step-parents Have Any Legal Rights?
Unfortunately, no, step-parents have no legal rights to custody or visitation of their step-children. The only way step-parents would have legal rights is if they adopted their step-children, at which point the step-parents would have the same rights as biological parents.
Do Grandparents Have Any Legal Rights?
Grandparents typically don’t have any rights to children that the parents have. However, there are cases where grandparents can obtain custody. For example, if one parent is in the middle of having her maternal rights severed and the other parent suffers from chronic illness, the court may award custody to the grandparents. Your family lawyers in Tampa FL, can help you navigate these murky waters.
3 Things That Can Complicate a Military Divorce
The process of divorce is rarely quick and easy, and it can involve more than just the dissolution of the relationship. Mckinney Law Group, a family lawyer in Tampa FL, knows that for military marriages, this process can be even more complex. Unlike divorce between two civilians, divorce proceedings involving military service members are governed by not only state law, but by federal law and military regulations as well. Here are a few things that can potentially complicate your military divorce.
One of the first things to determine when filing for divorce is where to file. Divorce laws differ from state to state, so where you file can have a significant impact on how the proceedings will go. Military service members and their spouses generally have the option to file in the state of residence for either spouse or the state where the service member is stationed for duty. It’s important to have a family lawyer in Tampa FL who can help, as the requirements for divorce also differ from state to state.
The average divorce takes anywhere from three months to two years, depending on whether or not it’s being contested. For active-duty military stationed abroad, filing or being sued for divorce is not as simple as flying stateside to fill out some paperwork. The Servicemember’s Civil Relief Act prevents members of the military from participating in divorce proceedings while on active duty, or within sixty days of returning home. In addition to this, many states require that you reside in a state for a set length of time before you can file. These combined factors can cause your divorce to take much longer than anticipated.
A unique consideration when dividing assets during a military divorce is the service member’s military pension. According to the Uniformed Services Former Spouses’ Protection Act, former military spouses are entitled to a portion of the service member’s military pension, and a family lawyer in Tampa FL can help you understand how much you may be entitled to. Known as the “10/10 Rule”, in order for this benefit to be paid out the marriage must have lasted for 10 years or more during which the military member served for at least 10 years.
Getting a divorce can be a long and emotional process, but a family lawyer in Tampa FL like Mckinney Law Group can help you navigate this complex and delicate issue.
Let A Family Lawyer Tampa FL Clients Depend On Help You
Some additional family law issues that our legal team may assist you with include prenuptial and postnuptial agreements, alimony, and any modifications or enforcements of current orders. If you need the services of a skilled family lawyer in Tampa FL, contact us today at The McKinney Law Group. Damien McKinney works diligently to ensure that clients have a family lawyer Tampa FL families count on advocating for them in court. You can trust that our primary goal is to protect your family during a potentially turbulent time. Family members who find themselves dealing with a family law case may confide in our attorneys when they’re searching for proper representation in court. There’s no reason why you have to go through your situation alone. Having a family lawyer in Tampa FL work alongside you can help prevent unintentional mistakes and excessive emotional trauma. The various scenarios that impact a family dynamic can result in an abundance of pain or tension between individuals. We strive to maintain the health and wellbeing of all parties involved, especially adolescent children who may not understand the full extent of what is happening. We take great care in each client and his or her needs throughout the family law litigation process. We work tirelessly to make sure our clients understand every step, feel heard, and know that our team is dedicated to protecting their families. Contact a dedicated family lawyer Tampa FL provides to set an appointment to discuss all of your family law issues.
Taking Guardianship of a Minor
In a perfect world, every child would be raised by two loving parents, have everything they need, and grow up to be successful adults. However, this is real life and, unfortunately, it can throw us some unexpected twists. Sometimes, those events leave parents unable to provide for their child, temporarily or even long-term. For these cases, the courts offer guardianship responsibilities to capable and consulting adults. Guardianship is a court order to have a person other than the child’s biological parent take custody of the child as well as the child’s estate. A Tampa FL family lawyer can assist in filing the necessary petitions with the court. In the event that a parent becomes ill, incapacitated, or otherwise unable to care for their child, the courts will name a guardian to take over care of a child. Generally, this is someone in the child’s immediate family such as a grandparent, aunt, or uncle. However, this can be anyone who shows an interest in the child’s welfare. Guardianship is not adoption. If the biological parent is living, this does not take away their parental rights and it is not necessarily a permanent solution. It is entirely reasonable to assume that one day the parents can resume full responsibility again. In fact, in many situations, the parent will have a Tampa FL family lawyer prepare the documents which would grant guardianship to the person of the parent’s choice.
Types of Guardianship in Florida
There are two different forms of guardianship. Guardianship can be granted of a person or of an estate. If a child will be staying with the person who is not their parent for only a short time – weeks or a month – guardianship should probably not be pursued. If the duration is any longer, then guardianship may be necessary. This will give the named guardian the right to enroll the child in school, get the child medical care, and register for benefits. A family lawyer in Tampa FL can explain all of the legal responsibilities a guardian has, but, in general, these responsibilities include the following:
- Deciding where the child lives
- Counseling and mental health
- Damage the child causes to other property
- Parental visitation
- Filling out an annual status report
- Applying for a driver’s license
- Enlisting in the military
As previously mentioned, one does not necessarily need to be a guardian of the child themselves. A guardian may be named for a child’s estate. This occurs when a child comes into a large amount of money, generally upwards of $5,000. This is most likely a gift from a relative, perhaps in the form of a will inheritance. Often, when a child comes into a large amount of financial property, they are not ready to handle those responsibilities. Yet, the bank or the executor of the will cannot simply give the inheritance to the parent because they may misuse the money and the bank or the executor would be liable and may be open to future lawsuits. Therefore, the benefits of establishing guardianship of an estate of a minor are twofold, such as:
- It frees the bank and/or the executor of any liability
- It subjects the guardian’s management of the property to court scrutiny
If you have been named a child’s guardian, would like to name a guardian or would like to be named guardian of an estate, you may want to consider skilled legal assistance. An experienced A family lawyer Tampa FL clients recommend can assist in filing the necessary petitions with the court. Your Tampa FL family lawyer can provide insight into courtroom procedures, assist in finding witnesses if necessary, and offer various strategies to create an effective case. If you have guardianship questions for a guardianship attorney, please contact The McKinney Law Group today.
Clarifying Florida Annulments
Some couples who seek to end their marriage by annulment may have a difficult time navigating the process, requirements, and qualifications. Florida law has very specific criteria for this, and getting assistance from an experienced family lawyer in Tampa, FL is strongly recommended.
Meaning of Annulment
The difference between a divorce and an annulment lies in the question of validity. A divorce is the dissolution of a valid marriage. An annulment is a process of claiming there was no legally valid marriage to begin with. As far as the law is concerned, marriage never occurred. However, both types require the parties to go through the process of requesting an annulment, and the Mckinney Law Group can guide you through that process.
Florida Annulment Laws
Florida law does not include any statutes that specifically detail annulments. If a couple wishes to obtain an annulment, the judge must use case law to determine the outcome of their petition. This means that they will reference previous cases and apply those precedents to your case. A family lawyer in Tampa, FL can find past annulment cases that match the details of your circumstances as closely as possible in order to increase your chances of a favorable outcome.
Grounds for Annulment
The state distinguishes between what it calls void and voidable marriages. A void marriage is one that was never valid and could not be made valid. Examples include marriages that involve bigamy or mental incapacitation. A voidable marriage is not always invalid at the beginning, but a change in circumstances has created a question of validity. Some causes of a voidable marriage include age-related consent issues, fraud or misrepresentation, and duress.
Process of Annulment
You must file a petition with the circuit court system in Florida. You will be required to prove one of the circumstances that qualify your marriage as void or voidable is present. This is a difficult and complicated process and getting assistance from Mckinney Law Group, a family lawyer in Tampa, FL, will be hugely beneficial. If you are successful at proving your marriage is void or voidable, you will not be able to receive or be required to pay spousal support. There is also no property division in annulment cases. Because an annulment essentially erases the marriage from a legal standpoint, assets and alimony are not relevant. Reach out to a family lawyer in Tampa, FL today to discuss obtaining an annulment.
A Father’s Right to Their Children
A family lawyer Tampa FL clients recommend knows that it is all too common for familial issues to make their way to the courtroom. If you are no longer in a relationship with your spouse due to a separation or divorce, you may be worried about what contact with your child may look like moving forward. As challenging as it may be, you will have to spend a number of years negotiating with your ex regarding how the both of you will take care of your child together so it is best to let a family lawyer Tampa FL residents call help you obtain a legal custody order. This is vital because, when both parents are working together towards the common good of the child, they will thrive regardless of whether or not their parents are together. As a father, experiencing a breakup or divorce can be daunting. You may be wondering what rights you have to your child. With a family lawyer Tampa FL locals rely on by your side, you can feel confident in your parental rights being protected.
Determining what is in the Best Interest of the Child
When the court hears a child custody case, the judge will be looking to gather information in order to determine an arrangement that is in the best interest of the child. There are a number of factors that a judge will consider in this process. The issue will not go before a judge until all negotiations have gone through your family lawyer in Tampa FL and through mediation. In most situations, a child benefits from having both of their parents in their lives. The only time that this would not be so is in situations where going with a parent would put the child at risk of harm. There are a number of factors that may contribute to this and your family lawyer Tampa FL parents depend on can evaluate your situation to see if one of these factors exist: 1. Drinking and Drug Use 2. Criminal Charges 3. Physical Abuse 4. Domestic Violence 5. Sexual Abuse
Establishing parentage is a vital step in determining your rights as a father. Usually, this is only necessary for fathers who were not married to the mother of their child at the time their birth. Through this process, we will be able to establish whether or not you are the father of the child. In highly disputed cases, it may be required that you take a DNA test to confirm this information.
Does Custody of the Children Always Go to the Mother?
It was once common for the mother to always be awarded primary custody, especially when the child resided with the mother prior to the legal dispute. However, as a Tampa FL family lawyer can attest, that mindset is changing and the court will examine what is in the best interest of the child. When a child has formed an attachment to the parent they live with, the results of removing them can be traumatic, whether that is the mother or father’s home. In order for a child to be taken from that parent’s home, you would have to show that they are not capable of caring for the child. In most court situations, the judge will be looking to involve both of the child’s parents in the care and upbringing of their child. It is never easy to battle through custody situations with someone you had a child with. There may be a lot of unknowns during a process that can be incredibly stressful. You will be worried about what contact with your child will be like and how they will be impacted. Call us today at 813-906-0048 so that a family lawyer Tampa FL provides can assess your case today.
If you are thinking about filing for divorce, it is important to connect with an experienced Tampa, FL family lawyer as soon as you can. Even if you are unsure of whether you’ll end up filing a divorce petition, it is important to understand your rights and options so that you can make informed decisions about your situation. The experienced legal team at The McKinney Law Group can help to ensure that you choose the best “approach” to the divorce process, given you unique needs, priorities, goals, and circumstances.
Family Lawyer – Tampa, FL
All too often, divorce is discussed in popular culture and the media as a “one size fits all” process. In reality, there are many different approaches that couples can take when facing a divorce. On one end of the spectrum, they can agree on every single detail of their divorce settlement and work with an experienced Tampa, FL family lawyer simply to finalize their paperwork and ensure that it is filed properly. On the other end of the spectrum, couples who have fundamental differences can call upon a judge to determine the details of their divorce settlement via, what is commonly referred to as, a contentious divorce process. In the middle-range of the spectrum are divorce settlements primarily negotiated by the attorneys representing the two parties and the process of mediation, wherein both parties sit down with their attorneys and a neutral mediator in order to iron out the details of the settlement in question.
Choosing the Best Divorce “Approach” for Your Situation
No single approach to the divorce process is right for every couple. For example, mediation is a popular approach but doesn’t serve the interests of victims of domestic violence. Contentious courtroom “battles” are unnecessary for couples who fundamentally agree on most of their divorce settlement terms. The approach that will fit your situation best will be dependent on the unique details of your circumstances. Once our team meets with you and learns more about your needs, goals, circumstances, and priorities, we can help you to make an informed decision about the approach to your divorce process that will best serve your unique interests. Similarly, if you are thinking about filing for formal legal separation instead of divorce, we can help you determine which approach to this process will best fit your needs as well.
Legal Assistance Is Available
Regardless of what your unique divorce-related needs are, the experienced legal team at The McKinney Law Group can help. Our approach is client-focused, efficient, and effective. Although no attorney can promise specific results, when you work with our team, you’ll be able to rest easy, knowing that we are working hard to advocate on behalf of your interests, using every ounce of our experience, focus, and dedication to obtain a fair divorce settlement on your behalf. If you have not yet scheduled a consultation with our Tampa, FL family lawyer team, please do so today – we look forward to speaking with you.
Family Lawyers in Tampa FL
Family Lawyers Tampa FL Trust Discuss Divorce and Alimony
Experienced family lawyers Tampa FL residents turn to understand that legal issues pertaining to your family can be emotionally draining – and frightening. The McKinney Law Group has been helping Tampa families for more than a decade. If you are facing legal issues that require the experience of one of the best family lawyers Tampa Florida has to offer, call attorney Damien McKinney today.
Tampa FL family lawyers from The McKinney Law Group understand that when it comes to marriage dissolution, each client has their own unique set of circumstances that can affect how the case should be litigated. Some of the factors which may affect how your divorce proceeding is handled include:
- Whether it is a no-fault or fault divorce. Florida is a no-fault state, meaning that a spouse does not have to prove there are grounds in order to end their marriage. However, there may be issues that could affect other areas of the divorce process. This can include whether or not there is domestic violence occurring presently, or if it has happened in the past.
- Whether the divorce is not contested or contested by the other spouse. If both spouses agree on all matters that need to be decided, then the divorce is considered a simple dissolution of marriage. If spouses cannot agree, the process moves into negotiation and possible litigation.
- Whether mediation is an option for ending your marriage. Mediation is considered collaborative law and allows couples – with the outside help of a mediator – negotiate the terms of their divorce and come to an agreement rather than have it litigated in the courts.
- Whether you qualify for an annulment instead of a divorce. In some situations, a marriage may qualify for an annulment, which would mean the marriage never existed in the eyes of the law.
- Whether you or your spouse qualify for a military divorce. If either or both spouses are in the military, there are federal requirements that need to be addressed in addition to the standard state laws.
Some of the issues that may need to be handled during your divorce include property division, division of assets, division of debt, retirement accounts, and spousal support.
PROPERTY DIVISION CONSIDERATIONS
When you meet with our firm’s Tampa, FL family lawyers to discuss your goals for the divorce process, we’ll want to get a sense of how you hope to approach the process of property division. Are you and your spouse agreed upon how you want to divide your marital assets? Do you have any fundamental disagreements about who should retain possession and ownership of any of your assets? Are there any assets that you’d be willing to go to court to retain or are you hoping to avoid judicial intervention in your property division process? Answers to these kinds of questions will help the experienced Florida legal team and support staff at The McKinney Law Group to craft a strong divorce case on your behalf.
KEEPING DIVORCE COSTS MANAGEABLE
Sometimes, it is important to “dig your heels in” when it comes to property division issues or child custody matters. Sometimes, your needs and priorities cannot hope to be addressed unless you fight for them. With that said, not all divorce cases are contentious. Many divorces are resolved without a traditional “courtroom battle” and the intervention of a family law judge. Other divorces are largely resolved outside courtroom walls and only require judicial intervention when it comes to limited matters of fundamental disagreement between spouses.
Depending upon your needs, priorities, and your spouse’s approach to divorce, you may need to litigate some aspects of your divorce process. However, if this is not the case, you can keep your divorce costs more manageable by approaching your divorce via mediation and/or attorney-led negotiation. If you and your spouse agree on every aspect of your property division settlement (and child custody arrangement, if applicable), you may only need legal guidance to review your documentation and to properly file it.
The reality is that how much the “legal side” of your divorce will end up costing is largely up to you and your spouse. The more legal guidance you require, the more fees will accumulate. With that said, it is critically important to avoid being “penny wise and pound foolish.” Fighting for a fair divorce settlement now may save you money, stress, and follow-up legal fees down the road. Every divorce is different. But, by being conscious of how you’re approaching your divorce process, you may be able to save a great deal of money on legal costs.
WHAT ISSUES DO FAMILY LAWYERS HANDLE?
Are you looking for a family lawyer who can help you? If so, you might be wondering what type of issues family lawyers handle. If you work with family lawyers in Tampa, FL, such as a team from the McKinney Law Group, you will hire an attorney who can help you with a variety of issues. Make sure you find a lawyer who specializes in family law. That way, they can advocate for your rights and defend your interests.
Divorce is never easy, and you need a lawyer who can help you navigate the marriage dissolution process. Even if your divorce is amicable, you still need someone who can streamline this for you, making sure you don’t get taken advantage of. If there are elements of the divorce being contested, you need someone to tell your side of the story, making sure the divorce is treated fairly.
Another issue that family lawyers in Tampa, FL can handle is child custody. Child custody issues can be difficult to navigate, and you need a lawyer who can assist you. The judge is always going to act in the best interests of the child. Therefore, you need to show the judge that spending time with you is in the best interests of your children. There are a lot of elements that must come together to formulate a comprehensive plan for child custody.
CHILD SUPPORT AND ALIMONY
Another important element of divorces is child support and alimony. Child support is money that one spouse pays to the other to help with the costs associated with raising a child. Alimony, also known as spousal support, are payments made from one spouse to another to spouse that spouse until he or she can get back on her feet. You don’t want to pay any more money than you should, and a lawyer can help you navigate this process.
LOCATE A FAMILY LAWYER WHO CAN HELP YOU
These are just a few of the many issues that family lawyers in Tampa, FL, such as a team from the McKinney Law Group, can handle. Even though you may think you can explain your situation clearly, you should always rely on a lawyer who can help you. You never know what will happen during a negotiation, and you don’t know what will happen in the courtroom. Work with an attorney who can guide you through the process.
CHILD CUSTODY AND CHILD SUPPORT
When parents break up – whether legally married or not – child custody and child support need to be decided by the court. If the couple were married, then in most cases, child custody and support will become part of the divorce process. If couples were not married, then one of the exceptional Tampa FL family lawyers from The McKinney Law Group can file a child custody petition on your behalf.
In both situations, a solid parenting plan needs to be formulated which addresses legal and physical custody of the child. This plan can either be agreed upon between parents and approved by a judge or – just like the divorce process – if parents cannot agree then the judge will make the final determination. The court will also decide how much child support is necessary.
CONSTRUCTING A PARENTING PLAN
If you and your spouse share minor or otherwise dependent children and will be co-parenting moving forward, our Tampa, FL family lawyers will help you to craft a workable parenting plan. This plan will set legally-enforceable expectations about your co-parenting arrangement that will help to ensure that everyone affected by it knows how “things will work.” Being proactive in the crafting of your parenting plan can help to reduce tensions, minimize conflict, and mitigate the likelihood that you’ll need to return to court any time soon to modify your parenting plan arrangements.
After a divorce, spouses may be obligated to pay support to 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 with you and guide you every step of the way so that you are receiving the financial support you need. The following are common questions that many couples ask themselves when trying to understand alimony.
WHAT IS ALIMONY?
Alimony, also known as spousal support, is when one spouse receives financial support from the other after the marriage has ended. The reason for alimony is to help the spouse with less income maintain the same standard of living or have time to obtain training and/or education so that they are able to become self-supporting. It must be proven that you are in need of financial support and the other spouse must have the means to pay spousal support. Having one of our Tampa FL family lawyers on your side may help increase the likelihood of you receiving alimony.
HOW CAN I OBTAIN ALIMONY?
If requested, alimony can be apart of the legal divorce proceeding. However, if you do not ask for alimony during the divorce process, you cannot ask for it later. You can either decide on your own who will receive the alimony and the amount. However, in many cases, the ex-spouses cannot come to an agreement. In this situation, the judge will decide whether or not you are entitled to receive spousal support and the amount you should receive. A skillful lawyer from The McKinney Law Group can help defend your case and prove to the judge why you deserve the alimony.
HOW LONG CAN I RECEIVE SPOUSAL SUPPORT?
Our family lawyers have helped clients achieve two different types of alimony time periods:
- Indefinite Alimony: Under this agreement, you will receive financial support until either spouse dies, the receiving spouse remarries, or the court decides that alimony is no longer appropriate.
- Time-limited Alimony: This is seen more often and lasts a certain amount of time. The time frame can either be determined by the spouses or the judge. Typically, you will receive enough time for you to obtain training or work experience to help you become self-supporting
- Learn about Dealing With a Spiteful Spouse During a Divorce
WHAT FACTORS ARE LOOKED AT WHEN DETERMINING ALIMONY?
There are several factors that are taken into account when deciding if someone should receive alimony. Those include:
- If you are able to support yourself
- The time needed to get a job or training so that you are able to become employed
- How long the marriage lasted
- What standard of living you are used to
- Each spouse’s age
- Mental and physical condition of each person
- The paying spouse’s’ financial situation and if they can afford it
- The financial needs of each person such as their income, child support, taxes, assets, and much more.
WHO CAN HELP?
For more than a decade, The McKinney Law Group has been helping clients during this hard time of their life. Receiving the financial support you deserve and need can help make this transition a little bit easier. For more information, call us today at 813-906-0048.
COMPASSIONATE FAMILY LAWYERS TAMPA FL CLIENTS TURN TO
When you need one of the most dedicated family lawyers in Tampa FL, look no further than The McKinney Law Group. Our family lawyers are available to meet with you and discuss the specifics of your situation. We have successfully represented many family law clients and will advocate for you and your family to ensure the best outcome possible.
PRENUPTIAL AGREEMENTS: PROTECTING YOURSELF BEFORE SAYING “I DO
Discussing a potential divorce before you are even married can dull the shine on most romances. However, discussing a prenuptial agreement does not have to be a discussion about splitting up down the line. Prenuptial agreements can be a practical way for spouses to protect their individual interests, as well as being a starting point to future estate planning.
As the name suggests, a prenuptial agreement is an agreement entered into by two people before they get married. The agreement typically outlines the parties’ property rights and how their assets would be distributed in the event of death or divorce. Despite the common perception from television shows and movies, as family lawyers in Tampa FL can attest, you do not need to be extremely wealthy to have a prenuptial agreement. You can also use this type of agreement to keep future debts separate. In some cases, prenuptial agreements have fidelity clauses with penalties; for example, in the event of divorce with allegations of infidelity, the cheating spouse might forfeit some property or sum of money.
WHAT TO CONSIDER
Florida law requires a prenuptial agreement to be in writing and entered into after both parties have fully disclosed their financial situations. The decision to enter into the agreement must be voluntary and the agreement cannot be unfair to either party. When the parties are ready to sign, the agreement must be signed before a notary public.
Other than these basic requirements, anything that goes into the agreement is up for negotiation between the parties, possibly through their Tampa FL family lawyers. Note that, generally across the United States, you cannot include any arrangements about children in a prenuptial agreement.
CAN YOU IGNORE THE PRENUPTIAL AGREEMENT IN THE EVENT OF DIVORCE?
In most cases, you cannot easily invalidate a prenuptial agreement. However, if you can show the court that there were circumstances at the time you signed the agreement that made entering into the agreement unfair, you have a better chance at invalidating it in a divorce.
Some courts have found that if the agreement was signed too soon before the wedding, for example, days before the wedding, there may have been some undue influence. Another scenario in which an agreement may be considered invalid may arise if one party hid assets from the other at the time the agreement was signed. Tampa FL family lawyers from our firm can evaluate your prenup to see if there is an issue which would render it invalid.
WHY A FAMILY LAWYER IS NEEDED
When it comes to family law, most people know only what they see on TV. In reality, family lawyers are not always as dramatic as they are in the movies or on television. Most of the time, they are doing paperwork and looking at documents. That is how they help their clients make important decisions.
Family lawyers in Tampa Florida can help people deal with a lot of different legal issues, including divorce and child custody. There are many reasons that someone would need to hire a lawyer for their family law issues. This is because there is so much involved with involving the court system when it comes to these kinds of cases. The lawyer can help you get what you deserve, especially if you are going through a divorce.
Although there are many lawyers who handle family cases in Tampa FL, not all of them are with the qualities that you would want representing you when you need one. When seeking these professionals, it is important to look for those who have been accredited by the Florida Bar Association and who have experience on handling similar cases that yours is. It is also important to look into their background and decide whether they are the right lawyers for your case.
Here are a few reasons why it is a good idea to hire a qualified family law attorney:
Whether you are the one filing for divorce or not, chances are you are dealing with a lot of emotional turmoil. With emotions running high, it’s easy to make rash decisions that will prove to be unwise in retrospect. You’ll have a professional in your corner who can advise you objectively based on facts and experience when it comes to your divorce. A family law attorney can help you avoid quick settlements that lead to financial or parenting problems in the long run.
Family Lawyers Provide a Team of Professionals at Your Disposal
It may be necessary for experts such as bankers, investment consultants, appraisers, physicians, and mental health experts to testify and provide advice in contentious divorce proceedings. The McKinney Law Group who has experience in family law have contacts with many of these professionals and can recruit knowledgeable experts who can lend authority to your case with their expertise.
When it comes to litigation, there is no substitute for experience. Lawyers specializing in family law spend the majority of their careers arguing divorce cases in court. As a result of this experience, they have unparalleled insight into the tactics opposing attorneys use and how judges react to various arguments and evidence. The majority of divorce cases settle out of court, but the most contentious ones do not. In those cases, you need a seasoned professional on your side.
Experience with opposing counsel
In most cases, family lawyers in Tampa FL in your area will interact in court and form working relationships. An experienced family law attorney can use their contacts to negotiate a fair and equitable settlement with your spouse’s attorney.
Dispute resolution alternatives
Depending on the circumstances of their client, family lawyers in Tampa FL can advise them on whether alternatives, such as divorce mediation, are appropriate. Mediating a divorce can save divorcing spouses the time, expense, and stress of going through a court process. A mediator assists divorcing spouses in reaching an amicable settlement through mediation. Despite its limitations, many couples have used this option to end their marriages without the acrimony associated with divorce.
If you are considering preparing a prenuptial agreement before you get married, or if you have been asked to sign one, you should consult a family law lawyer for guidance. If you go through the trouble of preparing and entering into a prenuptial agreement, you should make sure that it will be legally valid in the future. The experienced family lawyers Tampa FL clients recommend from The McKinney Law Group are available for a consultation and can help you prepare a document that can put your mind to rest before your big day.
If you are thinking about filing for divorce and have questions about how your property will be divided during this process, please connect with our firm’s Tampa, FL family lawyers today to learn more. It is important to be proactive when it comes to the divorce process. By being proactive, even if you are unsure of whether you’ll ultimately end up filing for divorce or not, you’ll be empowered to make the most informed decisions possible about your situation. The team at The McKinney Law Group has extensive experience with all kinds of asset division scenarios – from low-asset, straightforward cases all the way to high-worth and highly complex cases. No matter what your unique situation is, we can help.
Family Lawyers – Tampa, FL
Florida is known as an “equitable distribution” state. This essentially means that in the event that a couple divorces and a judge is called upon to make a decision about that couple’s property division scenario, the judge is bound to divide the couple’s property equitably. What does this mean practically? Property acquired during a marriage is ordinarily considered to be jointly owned. Therefore, a 50-50 split of marital property is considered equitable under most circumstances. However, if there are unique considerations to be taken into account (ex: one spouse received a significant inheritance from their parents while the marriage was already on the rocks, one spouse attempted to hide assets during the marriage, etc.), the concept of “fairness” will come into play and a 50-50 split of property acquired during the marriage may no longer be deemed appropriate.
Dividing Your Assets During Divorce
It is important to understand that our role as Tampa, FL family lawyers is not to “push” you into any specific approach to your divorce. Our role is to support you as you pursue your divorce-related goals. Therefore, if you and your spouse are grappling with fundamental differences concerning your asset division needs, we will build a strong case on your behalf that can be argued in court. If you and your spouse have already drafted a sample property division agreement and only need help formalizing your wishes, we can make that happen. If you are in the “middle ground” of agreeing on some points and needing to resolve others through negotiation and/or mediation, we can represent your interests efficiently and effectively.
Legal Assistance Is Available
If you have not yet contacted The McKinney Law Group to schedule a risk-free consultation, please do so now. Investing an hour or two of your time to learn about your rights and options requires little effort and may benefit you significantly in the long run. No matter what your unique circumstances may be, our team can clarify the “ins and outs” of your case and help you to make informed decisions about your property division options in the event of divorce. Please connect with our Tampa, FL family lawyers today to learn more – we look forward to speaking with you.
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