Dissolution of Marriage Lawyer Tampa, FL
If you’re considering a divorce or have already been served with papers, we understand how overwhelming that moment can be, and we’re here to help. Our Tampa, FL dissolution of marriage lawyer at The McKinney Law Group has spent nearly 20 years guiding clients through every stage of Florida dissolution cases, from the initial filing through final judgment. Schedule a consultation to talk through your situation.
Why Choose The McKinney Law Group for Dissolution of Marriage in Tampa, FL?
Dissolution of marriage is the legal term Florida uses for divorce, and the process runs through a specific statutory framework that shapes every stage of the case. Filing the petition, exchanging financial information, addressing timesharing when children are involved, resolving property division, and entering a final judgment each involve their own decisions. We walk clients through each of those steps and handle the drafting, negotiation, and litigation the case requires.
Two Decades of Florida Family Law Practice
Our founding partner, Damien McKinney, was admitted to the Florida Bar in 2006 and has built his practice around marital and family law. He completed his Juris Doctor at Stetson University College of Law in 2005 after earning a Bachelor of Arts in Psychology from Florida State University. Damien serves as a family lawyer in Tampa, FL and works with clients throughout the region.
Careful Attention to the Statutory Framework
Every dissolution case runs through Chapter 61 of the Florida Statutes. Residency, grounds, mandatory disclosure, equitable distribution, alimony, timesharing, and child support each carry their own rules, and small procedural mistakes can create problems that surface much later. We pay close attention to those rules at every step, whether the case is uncontested and straightforward or contested with significant disputes.
Professional Recognition
Damien has been selected 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.
“I cannot recommend McKinley Law enough. From start to finish, the process was incredibly smooth with clear, easy communication. The staff is not only professional but deeply compassionate and attentive to every small detail. My case had several complexities, including securing specific custody agreements for my child with complex medical needs. They handled these challenges with such grace and expertise, ensuring my family’s future was secure. As a stay-at-home mom re-entering the workforce, I walked away feeling empowered and supported. If you need a firm that truly cares, this is it.” – Elizabeth D.
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A Civil, Principled Approach
Dissolution cases can go in very different directions depending on how the parties approach them. Some are cooperative from the start. Others become adversarial quickly. We pursue legitimate issues firmly when the facts support them, and we look for practical resolutions when both sides are in a position to reach them. That flexibility tends to serve clients well across the range of cases that come through the firm.
Types of Dissolution of Marriage Cases We Handle in Tampa
Our dissolution practice covers every type of Florida divorce case, from short marriages without children or significant property to long-marriage cases involving business interests, alimony disputes, and contested timesharing.
- Uncontested Dissolution. When spouses agree on all terms, the process moves faster and at lower cost. We draft the marital settlement agreement and guide clients through an uncontested divorce.
- Contested Dissolution. When disputes exist over property, support, or timesharing, the case requires negotiation, discovery, and often trial preparation. We handle every stage of a contested divorce case.
- High-Asset Dissolution. Cases involving high assets, businesses, executive compensation, investment accounts, or significant real estate holdings need careful financial analysis alongside the legal work.
- Dissolution With Minor Children. Timesharing, parental responsibility, and child support come into play when children are involved. A parenting plan is required in every case that includes minor children.
- Alimony. Florida’s 2023 alimony reform changed how support gets analyzed. We handle the need and ability-to-pay analysis and the categorization under the revised statute.
- Collaborative Dissolution. For couples who want to resolve the case outside of court, the collaborative divorce process offers a structured alternative.
- Military Divorce. Service members and their spouses face specific issues involving federal statutes, pension division, and deployment scheduling.
- Dissolution After a Short or Long Marriage. Length of marriage affects alimony duration, classification of some assets, and other elements of the case. We handle short-marriage and long-marriage cases with attention to those distinctions.
- Cases Involving Prenuptial or Postnuptial Agreements. Prior marital agreements often affect what’s actually in dispute in a dissolution. Our Tampa prenup attorney coordinates with dissolution representation when earlier agreements are in play.
- Simplified Dissolution. A narrow procedural option available only when both parties agree on all terms, have no minor or dependent children, and neither is seeking alimony.
Florida Legal Requirements for Dissolution of Marriage
Florida’s dissolution framework has specific requirements that apply across every case. Understanding them at the beginning prevents mistakes that are harder to undo later.
Residency. At least one party must have been a Florida resident for six months before filing under Florida Statutes § 61.021. Residency is shown through a driver’s license, voter registration, or corroborating witness testimony.
No-Fault Grounds. Florida is a no-fault state. Under § 61.052, the only ground needed is that the marriage is irretrievably broken. Neither spouse has to prove wrongdoing, and neither can block the divorce by objecting.
Waiting Period. A minimum of 20 days must pass between filing and final judgment. Most cases take longer, but the statutory floor is 20 days.
Mandatory Disclosure. Florida Family Law Rule 12.285 requires both parties in most dissolution cases to exchange financial affidavits, tax returns, pay stubs, account statements, and other supporting documents. Simplified dissolution is one of the few exceptions.
Equitable Distribution. Under Florida Statutes § 61.075, courts divide marital assets and liabilities equitably. The starting point is equal division, with departures allowed when statutory factors support them. Classification of assets as marital or nonmarital often drives the financial outcome.
Alimony Under the 2023 Reform. Under Florida Statutes § 61.08, the alimony statute was substantially revised effective July 1, 2023. Permanent alimony was eliminated. Bridge-the-gap, rehabilitative, and durational alimony remain available, with duration limits tied to length of marriage.
Parenting Plans and Timesharing. Under § 61.13, any dissolution involving minor children requires a parenting plan. The 2023 amendments added a rebuttable presumption that equal timesharing is in the best interests of the child, which applies at the start of every case.
Child Support Guidelines. Florida Statutes § 61.30 governs child support. The calculation uses both parents’ combined net incomes, the number of overnights each parent has, and specific adjustments for health insurance, daycare, and certain other expenses. Deviations from the guideline require written findings.
Key Components of a Tampa Dissolution of Marriage Case
Early Case Assessment
At the first consultation, we look at what claims exist, what the other side is likely to raise, and where the financial and parenting exposure lies. That initial review shapes the strategy and sets expectations for timing and cost.
Financial Disclosure and Discovery
Mandatory disclosure under Rule 12.285 is the floor, not the ceiling. In cases where assets are complicated or where one party controls most of the financial information, additional discovery is often appropriate. Interrogatories, requests for production, and depositions come into play when the case calls for them.
Asset Classification and Equitable Distribution
Most of the financial outcome in a dissolution depends on how assets get classified. Marital property is divided. Nonmarital property isn’t. Commingling, active appreciation, and improper transfers all affect what counts as marital. We handle the classification work carefully at the beginning of the case.
Parenting Plans That Hold Up
When children are involved, the parenting plan governs daily life. Timesharing schedules, decision-making authority, holidays, school events, and communication between parents all need specific language. Plans drafted with specificity reduce post-judgment disputes.
Avoiding Damaging Mistakes
Several patterns can damage a dissolution case in ways that are hard to reverse. Moving significant funds or making major purchases during the case creates dissipation claims. Incomplete financial disclosure invites sanctions and harms credibility with the judge. Interfering with the other parent’s relationship with the children produces a record that hurts the interfering parent at timesharing hearings. Making informal changes to support or timesharing without a modified order can lead to enforcement problems. Posting about the case on social media creates evidence the other side will use. We raise these risks at the first meeting.
Contact The McKinney Law Group
Dissolution of marriage is one of the most significant legal matters many people will ever go through. Whether you’re preparing to file, responding to a petition, or looking for guidance on what your options actually are under Florida law, we’re here to protect your rights and help you clarify your next move. We work with clients throughout Tampa and the surrounding region. Contact us to schedule a consultation and learn how our civil, principled approach to family law can make a positive difference in your case.