Contested Divorce Lawyer Tampa, FL
If your spouse has filed for divorce and the two of you disagree on major issues, you are in a contested case. Our Tampa, FL contested divorce lawyer brings nearly 20 years of Florida family law experience to these matters, handling everything from discovery and temporary orders through trial. Schedule a consultation to get guidance on your next steps.
Why Choose The McKinney Law Group Family & Divorce Lawyers for a Contested Divorce in Tampa, FL?
Contested cases depend on preparation. The discovery we conduct early shapes what options exist at settlement and what evidence is available at trial. Cases that receive thorough early work tend to settle on better terms than cases that go underprepared into mediation.
Two Decades of Florida Family Law Practice
Our founding partner, Damien McKinney, has handled Florida dissolution cases since 2005. He was admitted to the Florida Bar in 2006 and has tried, settled, and resolved cases across the full spectrum of contested family law issues. Damien’s academic background includes a Juris Doctor from Stetson University College of Law in 2005 and a Bachelor of Arts in Psychology from Florida State University, completed in 2002. As a family lawyer in Tampa, FL, Damien combines the legal and interpersonal dimensions of the work.
Thorough Discovery and Case Preparation
Most settlements in contested cases happen because one side’s preparation leaves the other side with limited options. We conduct detailed financial discovery early in the case. We depose the opposing party and third-party witnesses when their testimony will matter. We issue records subpoenas to banks, employers, and other institutions that hold relevant information. We retain experts for valuation, forensic accounting, or vocational analysis when the case requires that input. The breadth of the record determines the shape of the settlement. Cases that are worked up carefully from the beginning tend to resolve on terms the client can live with, even when trial is avoided.
Professional Recognition
Damien has been selected as a Rising Star by Super Lawyers every year since 2012. In 2016, he received the Super Lawyers Distinction of Excellence. He is an active member of the Florida Bar Family Law Section and the Hillsborough County Bar Association Family Law Section. Feedback from clients captures the day-to-day experience of working with the firm.
A Civil, Principled Approach
Contested divorces can escalate quickly. Accusations get exchanged. Temporary orders fights consume time and money. Our firm handles contested cases differently. Legitimate issues get pursued directly and with the right evidence. Issues that exist only to run up fees or punish the other side do not. That discipline tends to produce cleaner results, lower costs, and a record that holds up well at trial if the case goes that far.
“Damien was incredibly helpful when I reached out about a family law matter. He took the time to listen carefully, ask thoughtful questions, and explain the process in a way that made everything easier to understand. His knowledge, professionalism, and genuine care really stood out. I left the conversation feeling more informed and reassured. I would highly recommend Damien to anyone looking for a trustworthy and skilled attorney!” – Ruth Houser
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Types of Contested Divorce Cases We Handle in Tampa
Contested cases vary widely depending on which issues are actually in dispute. Some fight over property division. Others focus entirely on timesharing. Many involve every major issue at once. We handle the full range for clients in Tampa and the surrounding area.
- Contested Property Division. Disputes over marital versus nonmarital classification, valuation of business interests, and division of complex investment portfolios often drive cases to trial. We handle the classification analysis, valuation work, and evidentiary presentation required in these cases.
- Contested Timesharing and Parental Responsibility. When parents disagree about the schedule or about who holds decision-making authority, litigation can run long. Timesharing disputes involve statutory factor analysis, witness testimony, and sometimes expert evaluation.
- Alimony. The 2023 alimony reform changed how these cases are handled. Need, ability to pay, and marriage length now drive outcomes under specific statutory categories.
- Child Support. Support cases become contested when income is disputed, when imputation arguments arise, or when extraordinary expenses need to be addressed. Contested child support cases are decided on the quality of the income record and evidence.
- High-Asset Divorces. Significant wealth, business interests, real estate portfolios, and complex compensation structures require detailed discovery and expert input.
- Relocation Disputes. When one parent wants to move and the other opposes the move, Florida’s relocation statute drives the analysis. These cases often involve significant evidentiary work on both sides.
- Military Divorces. Military pension division, SCRA protections, and deployment scheduling add layers in contested cases involving service members.
- Cases Involving Dissipation or Hidden Assets. When one spouse has transferred, hidden, or spent marital assets improperly, the other party has claims under Florida’s equitable distribution framework. We handle the forensic work and litigation required to recover or account for these assets.
Florida Legal Requirements for Contested Divorce
Florida dissolution cases run through Chapter 61 of the Florida Statutes. The contested nature of a case doesn’t change the underlying legal framework. It changes how thoroughly each element of that framework has to be developed.
Residency. At least one party must have been a Florida resident for six months before filing under Florida Statutes § 61.021. Residency requires proof through a driver’s license, voter registration, or corroborating witness testimony.
No-Fault Standard. Under § 61.052, the only ground needed is that the marriage is irretrievably broken. Fault does not need to be established to obtain the divorce. Fault can still be relevant to some collateral issues, such as dissipation of marital assets during the marriage.
Mandatory Disclosure. Both parties in contested cases must exchange financial affidavits and supporting documents under Florida Family Law Rule 12.285. In contested cases, mandatory disclosure is rarely the endpoint. Interrogatories, requests for production, and depositions usually follow.
Equitable Distribution. Under Florida Statutes § 61.075, courts divide marital assets and liabilities equitably. The statutory starting point is equal division. Departures from equal require findings based on statutory factors. Classification of assets as marital or nonmarital often determines the financial outcome.
Alimony Under the 2023 Reform. Under Florida Statutes § 61.08, the alimony framework was substantially revised effective July 1, 2023. Permanent alimony was eliminated. The categories now available are bridge-the-gap, rehabilitative, and durational. Duration limits apply based on length of marriage. Need and ability to pay remain central to the analysis.
Timesharing and Parental Responsibility. Under § 61.13, Florida applies a rebuttable presumption that equal timesharing is in the best interests of the child, added in 2023. A party seeking a different schedule must show, based on statutory factors, that a departure serves the child better. Contested cases frequently center on this presumption.
Child Support. Florida Statutes § 61.30 governs child support. The guideline calculation is based on combined net income, overnights, and specific adjustments. Deviation from the guideline requires written findings.
Final Hearing Standards. Contested dissolution cases that don’t settle go to trial before a circuit court judge. Rulings on each disputed issue get entered in the final judgment.
Key Components of a Tampa Contested Divorce Case
Contested cases succeed or fail on how carefully they are prepared. The components below drive outcomes in most Tampa contested divorces.
Early Case Assessment and Strategy
At the start of every contested matter, we identify the disputed issues, the likely path each claim will take, and the exposure that exists for the client on each front. That initial plan shapes discovery priorities, motion practice, and settlement posture. Cases that get assessed carefully at the outset tend to move through the court system more efficiently than cases where strategy evolves reactively.
Thorough Discovery
Discovery is where contested cases are won. We use interrogatories, requests for production, subpoenas to third parties, and depositions of the opposing spouse and key witnesses. The record we build during discovery becomes the foundation for settlement discussions and, if needed, trial.
Expert Witnesses When the Case Requires Them
Some contested cases require expert input that goes beyond what an attorney can provide. Business valuations become necessary when one spouse owns an operating company. Forensic accounting is called for in cases with suspected dissipation or hidden assets. Vocational evaluations inform imputation disputes when one party’s earning capacity is contested. Parenting coordinators or custody evaluators can play a role in contested timesharing cases. We identify when experts are needed and retain the right ones for the case.
Motion Practice and Temporary Orders
Contested cases often run for a year or longer, and the temporary orders entered early in the case can shape the final outcome. Temporary timesharing schedules the children’s time until final judgment. Temporary support covers household and child-related expenses during the case. Exclusive use of the marital home determines who lives in the residence while litigation continues. Injunctions protect specific assets from being moved or dissipated. We pursue the temporary relief the client needs while the case is pending and respond to the other side’s motions.
Settlement Positioning
Most contested cases settle before trial. The quality of the settlement depends on the quality of the preparation. Mediation conducted from a well-prepared posture produces meaningfully better results than mediation where the case hasn’t been worked up. We prepare every case as if it’s going to trial, because that preparation is what creates settlement leverage.
Avoiding Damaging Mistakes
Several patterns undermine contested cases in ways that can be hard to recover from. Transferring funds or making major purchases during the case creates dissipation claims that affect equitable distribution. Hiding information during mandatory disclosure triggers sanctions and damages credibility with the judge. Interfering with the other parent’s timesharing produces a record that works against the client on timesharing issues. Communicating with the other party in writing in ways that will be used at deposition or trial turns everyday messages into evidence. Posting about the case on social media creates the same problem. We discuss these risks at the first meeting and monitor throughout the case.
Contact The McKinney Law Group Family & Divorce Lawyers
Contested divorce cases demand preparation, strategic judgment, and attorneys who handle these matters regularly rather than occasionally. Whether you’re responding to a petition, considering filing your own, or already in the middle of a case that isn’t going well, we are prepared to help protect your rights and advocate for your future. We work with clients throughout Tampa and the surrounding region. Contact us to schedule a consultation. We’ll review your circumstances, explain how Florida law applies to the issues you’re facing, and help you move forward with confidence.
Contested Divorce Statistics in Tampa
Divorce litigation in Florida is more common than many people expect. According to Florida Courts filing data, more than 3.5 million cases were filed in Florida’s trial courts across fiscal years 2022–23 and 2023–24, with domestic relations filings reaching their highest levels in a decade. The 13th Judicial Circuit, which covers Hillsborough County and Tampa, is one of Florida’s eight largest circuits by caseload. A significant portion of those domestic relations cases involve contested issues: property division, timesharing, alimony, or child support, where the parties cannot reach an agreement on their own.
Most contested divorces do not end at trial. They settle. But the terms of that settlement are shaped almost entirely by how well the case was prepared. In Tampa, FL, a contested divorce attorney who builds a thorough record early puts clients in a stronger position, whether the case resolves at mediation or goes before a judge.
What Should You Expect During a Tampa Contested Divorce Case?
Understanding what a contested dissolution actually looks like from filing to resolution helps people make better decisions at every stage. Here is what the process typically involves.
- Petition and service. One spouse files a Petition for Dissolution of Marriage with the Hillsborough County Clerk. The other spouse is served and has 20 days to file an answer. If the responding spouse files an answer that disputes any issue, the case becomes contested.
- Temporary orders. In many contested cases, one or both parties seek temporary relief early, covering temporary timesharing, temporary support, use of the marital home, and access to funds. These hearings happen before the final judgment and can significantly affect daily life while the case is pending.
- Mandatory disclosure. Florida family law rules require both parties to exchange financial documents within 45 days of service, including tax returns, pay stubs, bank statements, and debt records. This is the foundation of the financial picture the court will rely on.
- Discovery. Beyond mandatory disclosure, either party can conduct formal discovery: depositions, interrogatories, requests for production, and subpoenas to third parties. In cases involving a business, contested property valuation, or suspected hidden assets, thorough divorce asset discovery is often where the case is won or lost.
- Professional retention. Contested cases frequently require outside professionals. Business valuators, forensic accountants, vocational evaluators, and Guardian Ad Litems may all play a role depending on what is disputed. Retaining the right professionals early, rather than as an afterthought, shapes the evidentiary record.
- Mediation. Florida courts require mediation before a contested case proceeds to trial in most circumstances. Mediation is not a formality. It is where most contested divorces resolve. Cases that arrive at mediation well-prepared, with thorough discovery and credible financial support, tend to settle on better terms than cases that arrive underprepared.
- Pre-trial motions and hearings. If mediation does not produce a full settlement, the parties proceed toward trial. Pre-trial motions address evidentiary issues, discovery disputes, and procedural matters. The judge may hold a pre-trial conference to narrow the issues.
- Trial. At trial, each party presents evidence and testimony, examines and cross-examines witnesses, and argues their position. The judge issues a final judgment addressing all contested issues, including property division, alimony, child custody, and child support.
- Post-judgment matters. The final judgment is not always the end. Either party may appeal. Orders may need to be modified later if circumstances change substantially. Enforcement actions may be necessary if a party fails to comply.
Tampa Contested Divorce Lawyer FAQs
What makes a divorce contested in Florida?
A divorce becomes contested when the spouses disagree on one or more legal issues: how marital property is divided, the timesharing schedule for children, whether alimony is appropriate and in what amount, or how child support is calculated. Even one unresolved issue makes the case contested. The parties can still settle those issues at any point before or during trial.
How long does a contested divorce take in Tampa?
There is no fixed timeline. Relatively straightforward contested cases in Hillsborough County can resolve in six to twelve months if the parties reach a mediated settlement. Cases involving business valuation, discovery disputes, or high conflict often take eighteen months to two years or longer. The pace depends on the complexity of the issues and how cooperative both sides are with discovery obligations.
Is mediation required in a Tampa contested divorce?
In most contested cases in the 13th Judicial Circuit, yes. Courts generally require mediation before setting a case for trial. Mediation gives both parties an opportunity to reach a negotiated resolution with control over the outcome. When it works, it saves time and cost. When it does not produce a full agreement, the remaining issues proceed to trial.
What happens at temporary orders hearings?
Temporary orders hearings address the practical matters that cannot wait for a final judgment: who stays in the marital home, what timesharing schedule applies in the interim, whether temporary alimony or child support is warranted, and whether either party needs access to marital funds. These hearings are often contested in their own right and benefit from the same level of preparation as any other hearing.
How does discovery work in a contested Tampa divorce?
Discovery is the formal process of gathering evidence. Mandatory disclosure requires both parties to exchange financial documents automatically. Beyond that, either side can take depositions of the other spouse and third parties, send written interrogatories, request documents, and issue subpoenas to banks, employers, and other institutions. In cases involving complex assets or suspected financial misconduct, thorough discovery is often the most important work done in the case.
Can I settle a contested divorce after filing?
Yes, and most cases do. Settlement can happen at any point: during mediation, in informal negotiations between attorneys, or even on the day of trial. Nothing about filing a contested petition commits either party to going all the way to a judge’s decision. The goal of thorough case preparation is not necessarily to go to trial. It is to be ready to, which typically produces better settlement terms.
How does Florida handle property division in a contested divorce?
Florida follows equitable distribution, meaning marital assets and liabilities are divided fairly, not necessarily equally. Courts consider the length of the marriage, each spouse’s economic circumstances, contributions to the marital estate, and whether either spouse wasted marital assets. The starting presumption is equal division, but courts can and do deviate based on the evidence presented.
What role does a Guardian Ad Litem play in a contested custody case?
A Guardian Ad Litem (GAL) is a court-appointed professional who investigates and reports to the judge on what timesharing arrangement serves the children’s best interests. Their report carries significant weight. Damien McKinney is a trained Guardian Ad Litem, which gives him a practical understanding of how GALs conduct investigations and what judges are looking for in those reports.
Local Information for Tampa, FL Contested Divorce Cases
Tampa, FL Family Court and Local Resources
Contested divorce cases in Tampa are heard in the Unified Family Court of the 13th Judicial Circuit in Hillsborough County. Filings are handled through the Hillsborough County Clerk, located at 800 E. Twiggs St., Tampa, FL 33602. Contested cases are assigned to a specific family law judge, and a case management conference is typically scheduled early to set discovery deadlines and a trial date if mediation does not resolve the matter.
What Are Important Local Resources for Tampa Contested Divorce Cases?
The following resources may assist Tampa residents navigating contested divorce proceedings. Their inclusion is for informational purposes only. The McKinney Law Group Family & Divorce Lawyers does not endorse or maintain a formal affiliation with any of these organizations.
- Hillsborough County Clerk: 800 E. Twiggs St., Tampa, FL 33602, (813) 276-8100. Handles all family law filings, including contested dissolution petitions and post-judgment motions.
- Florida Bar Family Law: (850) 561-5600. A professional section of the Florida Bar publishing resources on family law procedure, equitable distribution, and contested custody matters.
- Florida Child Support Program: (850) 488-5437. Handles child support establishment and enforcement, including cases arising from contested dissolution proceedings.
- The Spring: Hotline (813) 247-7233. A Hillsborough County domestic violence crisis center for individuals in high-conflict divorce situations who need safety planning support.
- Bay Area Legal Services: (800) 625-2257. Free civil legal assistance for low-income Tampa Bay residents navigating family law matters.
About The McKinney Law Group Family & Divorce Lawyers
Damien McKinney founded The McKinney Law Group Family & Divorce Lawyers after nearly 20 years of practice in marital and family law. Admitted to the Florida Bar in 2006, Damien earned his Juris Doctor from Stetson University Law and his undergraduate degree from Florida State University. A Florida Supreme Court certified family law mediator and trained Guardian Ad Litem, he brings direct experience with how contested cases are evaluated both at the negotiating table and by the court. He has been recognized as a Rising Star by Super Lawyers annually since 2012 and received the Distinction of Excellence in 2016. Contested cases are also handled by Stephanie Koether, who earned her Juris Doctor with Honors Distinction from the University of Miami Law and has been a Florida family law attorney since 2017. Together they serve clients throughout Hillsborough County as part of a broader Tampa family law practice.
What Our Clients Say
★★★★★
“A post judgment modification requires thoughtful litigation! Which is exactly why I retained The McKinney Law Group. Damien and his exceptional legal team are professionals with clear communication values. I was always able to reach my team! Thank you Damien, Stephanie Koether, Nathan Ellis and Stephanie Stopka. You were my Dream Team!” — Suzanne Peacock
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Contact The McKinney Law Group Family & Divorce Lawyers
If your divorce involves disputed issues that cannot be resolved through agreement alone, The McKinney Law Group Family & Divorce Lawyers is prepared to handle every stage of the case. Our Tampa, FL contested divorce attorneys work through discovery, motions, mediation, and trial to build the strongest possible record for our clients. Contact us to schedule a consultation.