Family law Tampa

Questions And Answers Regarding Divorce and Negotiations

As a family lawyer Tampa, FL, divorcing couples rely on has seen firsthand that going through a divorce is tough. Couples who decide to end their marriage will need to decide how the life they once shared will be divided. Concessions will need to be made to reach an agreement, which can be challenging to come to terms with. Moving through the process is hard, but when couples can work through negotiations to finalize their divorce, they will finally be able to take steps forward into their new life. The McKinney Law Group is aware that the process can seem foreign for those who have never been through it before. There will undoubtedly be several questions regarding divorce and negotiations that will follow. 

What is a no-fault divorce state?

Divorce can fall into two categories, fault and no-fault. All states acknowledge this differently. Florida is a no-fault state, meaning that the person filing for divorce doesn’t have to prove fault. These divorces are usually filed as “irreconcilable differences,” which essentially indicates that the reason for divorce was not the fault of either party. Fault divorces are much less common and require one party to prove that the other party’s actions were the reason for the marriage. 

What is a simplified dissolution of marriage?

A family lawyer in Tampa, FL, may recommend a simplified dissolution of marriage, a process that is available when both parties agree to the divorce. This process is available to those with fundamental issues to sort out. Typically, parties don’t share children or property but know that this may be the proper course of action for couples who have already sorted out how they would like to divide shared assets. These divorces are faster and can often be finalized in about a month. 

What is mediation? Is it required?

Divorce mediation is a component of divorce that is required in the state. This process involves meeting with a mediator, who plays a neutral role in the process. Through mediation, couples have the opportunity to reach agreements about child custody, child support, and division of property and assets. Mediation is often less expensive and faster than battling issues out in court. 

What is the difference between community property and separate property?

In Florida, the court acknowledges community property as marital property and separate property as non-marital property. Marital property is any assets acquired by the couple throughout the marriage. During a divorce, these assets must be divided amongst the couple. Any non-marital property are assets owned by each party individually, often acquired before marriage. Keep in mind that some assets acquired during the marriage can be categorized as non-marital property, such as gifts and inheritances separate from marital assets. 

The process starts with an experienced firm like The McKinney Law Group for those filing for divorce. Divorce is challenging, and it’s essential to have a professional by your side who has intimate knowledge of the legal process to follow. Contact our family lawyer in Tampa, Florida, to get started for representation you can have confidence in. 

If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].

We now offer virtual prenuptial agreements. Contact us to inquire further about our virtual prenup option.