Collaborative Family Lawyer Tampa, FL
Couples who want a private, cooperative alternative to traditional divorce often turn to the collaborative process. Our Tampa, FL collaborative family lawyer at The McKinney Law Group has spent nearly 20 years handling Florida family law matters and works with clients who want to resolve their case without litigation. Schedule a consultation to discuss whether collaborative divorce is right for you.
Why Choose The McKinney Law Group for Collaborative Family Law in Tampa, FL?
Collaborative family law is a formal process recognized under Florida’s Collaborative Law Process Act. Both spouses retain separately trained collaborative attorneys. The parties and their attorneys sign a participation agreement committing to resolve the case without litigation. Financial professionals and mental health professionals often join the team as neutral experts. If the process breaks down and either party files in court, the collaborative attorneys are disqualified from continuing representation. That structure creates real incentive on all sides to reach a resolution.
Two Decades of Florida Family Law Practice
Our founding partner, Damien McKinney, completed his Juris Doctor at Stetson University College of Law in 2005 and was admitted to the Florida Bar the following year. His undergraduate degree is in psychology, which applies directly to collaborative work. Collaborative cases depend on managing the interpersonal dimensions as much as the legal ones, because the process itself requires both spouses to negotiate productively across the table from each other. Damien serves as a family lawyer in Tampa, FL for clients who ultimately proceed through litigation when collaborative isn’t the right fit.
Training in the Collaborative Process
Collaborative attorneys have specific training in interest-based negotiation, communication techniques, and the procedural mechanics that distinguish collaborative cases from traditional litigation. The skill set required is different from a typical family law practice. We bring that training to every collaborative matter and work alongside trained financial and mental health professionals who serve as neutrals on the case team.
Professional Recognition
Damien has been recognized as a Rising Star by Super Lawyers every year since 2012 and received the Super Lawyers Distinction of Excellence in 2016. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section.
A Civil, Principled Approach
Collaborative family law by its nature requires a civil approach. The entire framework only works when both sides commit to good-faith negotiation and full disclosure. Our practice fits naturally with that model. We pursue real issues directly, but we do so within the collaborative structure, because the process loses its value when either side treats it as a tactical exercise rather than a genuine attempt at resolution.
“Damien was extremely elegant in answering my various questions. It is very nice to be able to ask tough questions and get a genuine and thoughtful response in return. I felt like he was actively listening and answered every question with extreme professionalism. I would highly suggest talking with The McKinney Law Group, if you or someone you know needs someone dedicated. Thank you!” – Colton Eisenhart
Read more reviews on our Google Business Profile.
Types of Collaborative Cases We Handle in Tampa
Our practice covers the range of family law matters that fit the collaborative model. Not every case is a candidate for collaborative resolution, but many benefit from the structure, privacy, and client control that the process offers.
- Collaborative Divorce. The core of a collaborative family law practice. Spouses work through every issue in the dissolution, including property, support, and parenting, without court involvement.
- Custody and Time Sharing. When parents need a parenting plan but not a full dissolution, a collaborative process can produce a plan that reflects what actually works for the family.
- High-Asset Divorce. Couples with significant assets sometimes prefer collaboration because the process keeps financial details out of public court records.
- Collaborative Modifications. Post-judgment modifications of alimony, support, or parenting plans can be handled collaboratively when both parties are willing.
- Prenuptial and Postnuptial Agreements. Some couples use a collaborative approach to negotiate prenups or postnups. The structure helps both parties feel the agreement was reached on fair terms. Our Tampa prenup practice includes collaborative drafting when that approach fits.
- Cases Where Privacy Is a Priority. Collaborative cases happen in conference rooms rather than courtrooms, which keeps sensitive financial and personal information out of public filings.
- Ongoing Co-Parenting Needs. When parents know they’ll be working together around their children for years after the divorce, the collaborative process produces better long-term outcomes than adversarial litigation.
- Family Businesses. When a business needs to continue operating through and after the divorce, collaborative negotiation can address valuation, operational control, and transition issues without disruption from court deadlines.
- Military Divorces. Service members connected to MacDill and their spouses sometimes prefer the collaborative approach.
Florida Legal Requirements for Collaborative Family Law
Florida recognizes the collaborative process as a formal alternative dispute resolution method, governed by statute and rule.
Collaborative Law Process Act. Under Florida Statutes § 61.55 and the surrounding provisions, Florida recognizes collaborative law as a distinct process for resolving family law disputes. The statute defines what qualifies as a collaborative matter, what the participation agreement must include, and when the process begins and ends.
Participation Agreement. A signed participation agreement is the foundation of every collaborative case. The parties and their attorneys agree to exchange information voluntarily, work in good faith toward a negotiated resolution, and refrain from contested court proceedings while the collaborative process is ongoing.
Disqualification Rule. If the collaborative process fails and either party decides to proceed to litigation, both collaborative attorneys are disqualified from representing their clients in the subsequent litigation. That rule, codified in the statute and in the Florida Family Law Rules of Procedure, creates a financial and practical incentive for everyone to reach a collaborative resolution.
Florida Family Law Rule 12.745. The Florida Supreme Court adopted procedural rules governing collaborative cases, including the form of the participation agreement, notice requirements, and timelines for when the process is considered to begin and end.
Confidentiality. Communications made during the collaborative process are generally privileged and cannot be used in subsequent litigation. This confidentiality is what allows spouses to discuss settlement options openly without worrying that offers or admissions will be used against them in court.
Required Professionals. The collaborative team typically includes the two collaborative attorneys, a neutral financial professional, and a neutral mental health professional or communication facilitator. The professionals work together as a team rather than as adversaries.
Transition to Litigation if Needed. If the collaborative process fails, the parties retain the right to proceed through traditional dissolution under Chapter 61. The collaborative attorneys step out, and the parties retain new counsel for the contested case.
Key Components of a Tampa Collaborative Family Law Case
Collaborative cases succeed when the participants commit to the process, bring full information to the table, and work through the issues in a structured way. The components below shape outcomes.
Determining Whether Collaborative Is the Right Fit
Not every case belongs in the collaborative process. Cases involving domestic violence, serious mental health concerns, substance abuse, or parties unwilling to disclose financial information are generally not appropriate. Cases where one party wants to hide assets or delay resolution also don’t work. At the initial consultation, we assess whether collaboration is realistic for the particular couple and situation.
Full Voluntary Disclosure
The collaborative process depends on complete honesty about finances, parenting concerns, and anything else material to the case. Both parties exchange documents voluntarily rather than through formal discovery. When disclosure is incomplete, the process stalls or collapses.
Working With Neutral Professionals
The neutral financial professional analyzes income, assets, and tax consequences for both parties. The mental health professional or facilitator helps manage communication during meetings and often works separately with each spouse between sessions. We coordinate with these professionals throughout the case so their work supports the legal analysis and the negotiation.
Structured Settlement Meetings
Collaborative cases typically move through a series of structured settlement meetings. Each meeting has an agenda, builds on the previous one, and works toward a specific resolution of the open issues. Effective meeting preparation is what produces real progress rather than stalled negotiations.
Avoiding Damaging Mistakes
A handful of patterns can derail a collaborative case. Withholding financial information undermines the trust the process depends on and often causes the case to break down. Using the collaborative process as a delay tactic while actually preparing for litigation is a misuse of the structure and violates the participation agreement. Making side communications or offers outside the collaborative meetings creates confusion about what has actually been agreed. Posting about the case on social media creates issues that can complicate both collaborative and litigated cases. We raise these issues at the first meeting and monitor them throughout.
Contact The McKinney Law Group
Collaborative family law offers couples a private, cooperative alternative to traditional divorce litigation, but it only works when both sides commit to the process. Whether you’re considering a collaborative divorce, a collaborative modification, or simply want to learn whether this approach fits your family, we’re prepared to protect your best interests and help you move forward with confidence. We work with clients throughout Tampa and the surrounding region. Contact us to schedule a consultation. You can trust us to be your advocate in your time of need.
Collaborative Family Lawyer Tampa, FL
Couples who want a private, cooperative alternative to traditional divorce often turn to the collaborative process. Our Tampa, FL collaborative family lawyer at The McKinney Law Group has spent nearly 20 years handling Florida family law matters and works with clients who want to resolve their case without litigation. Schedule a consultation to discuss whether collaborative divorce is right for you.
Why Choose The McKinney Law Group for Collaborative Family Law in Tampa, FL?
Collaborative family law is a formal process recognized under Florida’s Collaborative Law Process Act. Both spouses retain separately trained collaborative attorneys. The parties and their attorneys sign a participation agreement committing to resolve the case without litigation. Financial professionals and mental health professionals often join the team as neutral experts. If the process breaks down and either party files in court, the collaborative attorneys are disqualified from continuing representation. That structure creates real incentive on all sides to reach a resolution.
Two Decades of Florida Family Law Practice
Our founding partner, Damien McKinney, completed his Juris Doctor at Stetson University College of Law in 2005 and was admitted to the Florida Bar the following year. His undergraduate degree is in psychology, which applies directly to collaborative work. Collaborative cases depend on managing the interpersonal dimensions as much as the legal ones, because the process itself requires both spouses to negotiate productively across the table from each other. Damien serves as a family lawyer in Tampa, FL for clients who ultimately proceed through litigation when collaborative isn’t the right fit.
Training in the Collaborative Process
Collaborative attorneys have specific training in interest-based negotiation, communication techniques, and the procedural mechanics that distinguish collaborative cases from traditional litigation. The skill set required is different from a typical family law practice. We bring that training to every collaborative matter and work alongside trained financial and mental health professionals who serve as neutrals on the case team.
Professional Recognition
Damien has been recognized as a Rising Star by Super Lawyers every year since 2012 and received the Super Lawyers Distinction of Excellence in 2016. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section.
A Civil, Principled Approach
Collaborative family law by its nature requires a civil approach. The entire framework only works when both sides commit to good-faith negotiation and full disclosure. Our practice fits naturally with that model. We pursue real issues directly, but we do so within the collaborative structure, because the process loses its value when either side treats it as a tactical exercise rather than a genuine attempt at resolution.
“Damien was extremely elegant in answering my various questions. It is very nice to be able to ask tough questions and get a genuine and thoughtful response in return. I felt like he was actively listening and answered every question with extreme professionalism. I would highly suggest talking with The McKinney Law Group, if you or someone you know needs someone dedicated. Thank you!” – Colton Eisenhart
Read more reviews on our Google Business Profile.
Types of Collaborative Cases We Handle in Tampa
Our practice covers the range of family law matters that fit the collaborative model. Not every case is a candidate for collaborative resolution, but many benefit from the structure, privacy, and client control that the process offers.
- Collaborative Divorce. The core of a collaborative family law practice. Spouses work through every issue in the dissolution, including property, support, and parenting, without court involvement.
- Custody and Time Sharing. When parents need a parenting plan but not a full dissolution, a collaborative process can produce a plan that reflects what actually works for the family.
- High-Asset Divorce. Couples with significant assets sometimes prefer collaboration because the process keeps financial details out of public court records.
- Collaborative Modifications. Post-judgment modifications of alimony, support, or parenting plans can be handled collaboratively when both parties are willing.
- Prenuptial and Postnuptial Agreements. Some couples use a collaborative approach to negotiate prenups or postnups. The structure helps both parties feel the agreement was reached on fair terms. Our Tampa prenup practice includes collaborative drafting when that approach fits.
- Cases Where Privacy Is a Priority. Collaborative cases happen in conference rooms rather than courtrooms, which keeps sensitive financial and personal information out of public filings.
- Ongoing Co-Parenting Needs. When parents know they’ll be working together around their children for years after the divorce, the collaborative process produces better long-term outcomes than adversarial litigation.
- Family Businesses. When a business needs to continue operating through and after the divorce, collaborative negotiation can address valuation, operational control, and transition issues without disruption from court deadlines.
- Military Divorces. Service members connected to MacDill and their spouses sometimes prefer the collaborative approach.
Florida Legal Requirements for Collaborative Family Law
Florida recognizes the collaborative process as a formal alternative dispute resolution method, governed by statute and rule.
Collaborative Law Process Act. Under Florida Statutes § 61.55 and the surrounding provisions, Florida recognizes collaborative law as a distinct process for resolving family law disputes. The statute defines what qualifies as a collaborative matter, what the participation agreement must include, and when the process begins and ends.
Participation Agreement. A signed participation agreement is the foundation of every collaborative case. The parties and their attorneys agree to exchange information voluntarily, work in good faith toward a negotiated resolution, and refrain from contested court proceedings while the collaborative process is ongoing.
Disqualification Rule. If the collaborative process fails and either party decides to proceed to litigation, both collaborative attorneys are disqualified from representing their clients in the subsequent litigation. That rule, codified in the statute and in the Florida Family Law Rules of Procedure, creates a financial and practical incentive for everyone to reach a collaborative resolution.
Florida Family Law Rule 12.745. The Florida Supreme Court adopted procedural rules governing collaborative cases, including the form of the participation agreement, notice requirements, and timelines for when the process is considered to begin and end.
Confidentiality. Communications made during the collaborative process are generally privileged and cannot be used in subsequent litigation. This confidentiality is what allows spouses to discuss settlement options openly without worrying that offers or admissions will be used against them in court.
Required Professionals. The collaborative team typically includes the two collaborative attorneys, a neutral financial professional, and a neutral mental health professional or communication facilitator. The professionals work together as a team rather than as adversaries.
Transition to Litigation if Needed. If the collaborative process fails, the parties retain the right to proceed through traditional dissolution under Chapter 61. The collaborative attorneys step out, and the parties retain new counsel for the contested case.
Key Components of a Tampa Collaborative Family Law Case
Collaborative cases succeed when the participants commit to the process, bring full information to the table, and work through the issues in a structured way. The components below shape outcomes.
Determining Whether Collaborative Is the Right Fit
Not every case belongs in the collaborative process. Cases involving domestic violence, serious mental health concerns, substance abuse, or parties unwilling to disclose financial information are generally not appropriate. Cases where one party wants to hide assets or delay resolution also don’t work. At the initial consultation, we assess whether collaboration is realistic for the particular couple and situation.
Full Voluntary Disclosure
The collaborative process depends on complete honesty about finances, parenting concerns, and anything else material to the case. Both parties exchange documents voluntarily rather than through formal discovery. When disclosure is incomplete, the process stalls or collapses.
Working With Neutral Professionals
The neutral financial professional analyzes income, assets, and tax consequences for both parties. The mental health professional or facilitator helps manage communication during meetings and often works separately with each spouse between sessions. We coordinate with these professionals throughout the case so their work supports the legal analysis and the negotiation.
Structured Settlement Meetings
Collaborative cases typically move through a series of structured settlement meetings. Each meeting has an agenda, builds on the previous one, and works toward a specific resolution of the open issues. Effective meeting preparation is what produces real progress rather than stalled negotiations.
Avoiding Damaging Mistakes
A handful of patterns can derail a collaborative case. Withholding financial information undermines the trust the process depends on and often causes the case to break down. Using the collaborative process as a delay tactic while actually preparing for litigation is a misuse of the structure and violates the participation agreement. Making side communications or offers outside the collaborative meetings creates confusion about what has actually been agreed. Posting about the case on social media creates issues that can complicate both collaborative and litigated cases. We raise these issues at the first meeting and monitor them throughout.
Contact The McKinney Law Group
Collaborative family law offers couples a private, cooperative alternative to traditional divorce litigation, but it only works when both sides commit to the process. Whether you’re considering a collaborative divorce, a collaborative modification, or simply want to learn whether this approach fits your family, we’re prepared to protect your best interests and help you move forward with confidence. We work with clients throughout Tampa and the surrounding region. Contact us to schedule a consultation. You can trust us to be your advocate in your time of need.