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 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
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.