Family Lawyer Tampa, FL
Family law issues impact the most important relationships in your life. Whether you are dealing with a custody matter, divorce, or change in circumstances that is affecting a current court order, choosing the right legal representation can make a big difference in the outcome of your case. Our Tampa, FL family lawyer has practiced marital and family law for nearly two decades and brings that depth to every case, whether it settles quickly or goes to trial. Schedule a consultation with The McKinney Law Group to talk through your situation.
Why Choose The McKinney Law Group for Family Law in Tampa, FL?
An Attorney With a Two-Decade Focus on Marital and Family Law
Our founding partner, Damien McKinney, has practiced in this area of law since 2005. He was admitted to the Florida Bar in 2006 and handles cases across the state. Before law school, Damien earned his Bachelor of Arts in Psychology from Florida State University. That was 2002. He followed that with a Juris Doctor from Stetson University College of Law in 2005. Family law cases involve people under real stress making decisions that will affect their lives for years. Understanding that dimension of the work, on top of the legal analysis, produces better outcomes. In his practice as a family lawyer in Tampa, FL, Damien brings both sides of that training to every matter.
A Civil, Principled Approach, Even When the Other Side Isn’t
Some family law cases get hostile quickly. Our firm’s approach is different. We pursue legitimate issues firmly and through proper channels. We don’t pursue things that aren’t legitimate at all. The result, more often than not, is a cleaner case, a faster resolution, and if there are children involved, a co-parenting relationship that has a chance of working after the final judgment is entered.
Recognition From Peers and From Clients
Damien has been selected as a Rising Star by Super Lawyers every year since 2012, and 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. The peer recognition reflects how attorneys in the field see the practice. Client feedback reflects something more direct.
“I have had the pleasure of working with Mr. McKinney, and I am very impressed. He took the time to thoroughly explain his practice and was very patient in answering all my questions. Mr. McKinney explains things in a way that makes even the most complex legal issues easy to understand. He listened and was very supportive. I highly recommend Mr. McKinney to anyone in need of knowledgeable and caring legal advice.” – Ruhi Mirpuri
Read more reviews on our Google Business Profile.
Types of Family Law Cases We Handle in Tampa
Family law covers a broad range, and most cases don’t fit neatly into a single category. A dissolution case usually involves property, support, and, if children are in the picture, timesharing. A support modification can also involve a change in parenting schedule. A prenup becomes relevant years later during a divorce. We handle the full range of situations.
- Dissolution of Marriage. Florida uses “dissolution of marriage” rather than “divorce” in the statutes, but the concept is the same. We handle contested, uncontested, and high-asset dissolution cases.
- Timesharing and Parental Responsibility. Florida uses timesharing rather than custody, and parental responsibility rather than decision-making authority. We handle original timesharing determinations, modifications when schedules need to change, and relocation matters when one parent wants to move.
- Child Support. Support in Florida runs through the statutory guidelines in § 61.30, adjusted for the specific circumstances of the family. We handle initial orders, modifications when financial circumstances substantially change, and enforcement when a parent falls behind.
- Alimony. Florida’s alimony framework was substantially revised in 2023. Permanent alimony was eliminated. The statute now provides for bridge-the-gap, rehabilitative, and durational support depending on the situation.
- Prenuptial and Postnuptial Agreements. Marital contracts can protect separate property, define support obligations, and reduce conflict if the marriage later ends. We draft and review agreements for clients in various financial situations.
- Paternity and Establishment Actions. When parents are not married, establishing legal paternity is usually the first step before timesharing, support, and parental responsibility can be addressed. We handle both voluntary acknowledgments and contested paternity actions.
- Post-Judgment Modifications and Enforcement. Life changes after a final judgment. Jobs shift. Parents move. Children’s needs evolve. When the change is substantial, modification of an existing order becomes available. Enforcement is the other side of the same coin, used when one party stops complying with an order that’s still in effect.
- Collaborative Divorce. For couples who want an alternative to litigation, the collaborative process offers a structured path toward resolution. We handle collaborative matters for clients who prioritize privacy and control over the process.
- Military Family Law. MacDill Air Force Base brings a significant military population to the Tampa area. Military divorce and family law cases involve federal statutes, pension division questions, and deployment-related scheduling.
Florida Legal Requirements for Family Law Cases
Chapter 61 of the Florida Statutes is the central framework for most family law matters in the state. A few rules apply across nearly every case we handle, and understanding those rules at the beginning of a case saves time and often saves money.
Residency. The party filing a dissolution of marriage must show six months of Florida residency before filing, under Florida Statutes § 61.021. A driver’s license, voter registration, or the sworn testimony of a corroborating witness generally suffices. Cases filed without established residency get dismissed.
No-Fault. Florida has been a no-fault state since the 1970s. Under § 61.052, dissolution requires only that the marriage is irretrievably broken. Fault can still be relevant to some collateral issues, like the dissipation of marital assets, for example, during a separation period, but it is not required to obtain the divorce itself.
Mandatory Disclosure. With a few narrow exceptions, both parties in a dissolution, paternity, support, or modification case must exchange financial affidavits and supporting documents under Family Law Rule 12.285. Tax returns. Pay stubs. Bank and investment statements. Property deeds.
Equitable Distribution. Florida divides marital assets and liabilities equitably rather than equally, although equal is the statutory starting point. Under § 61.075, a judge can depart from equal division when statutory factors justify it. Nonmarital property stays with the spouse who owns it, so classification of assets at the beginning of a case often determines the overall financial outcome.
Alimony After the 2023 Reform. The alimony statute was rewritten in 2023. Permanent alimony no longer exists. The types of alimony still available are bridge-the-gap, rehabilitative, and durational. Each has specific duration rules and statutory factors. Cases involving marriages of different lengths get treated differently under the new framework, and existing orders can sometimes be modified to reflect the changes.
Timesharing and Parental Responsibility. Under § 61.13, Florida presumes that equal timesharing is in the best interests of the child. That presumption is rebuttable. A party seeking to depart from equal timesharing must show, based on the statutory factors, that a different schedule better serves the child. This presumption was added in 2023 and has reshaped how courts handle contested timesharing cases.
Child Support Guidelines. Support is calculated under § 61.30 using the parties’ combined incomes, the number of overnights each parent has, and adjustments for health insurance, daycare, and other specific expenses. The guideline result is presumptive. Deviations require specific written findings.
Important Components of a Tampa Family Law Case
A case that’s handled well early tends to have better outcomes. The components below make the difference.
Getting the Initial Strategy Right
At the first consultation, we identify what claims are available, what the opposing party is likely to pursue, and where the financial and parenting exposure lies for our client. That assessment shapes everything that follows. It often shapes whether the case should be approached collaboratively, through traditional negotiation, or with an eye toward trial.
Accurate and Complete Financial Disclosure
Rule 12.285 disclosure is mandatory, but “mandatory” and “complete” are different things. Some cases require additional discovery beyond the baseline. Interrogatories. Requests for production. Depositions when a party’s testimony is needed under oath. Forensic accounting when the financial picture isn’t clear. We calibrate the disclosure approach to the case rather than defaulting to the minimum.
Asset Classification
Equitable distribution turns on whether assets are marital, nonmarital, or a mix. Some assets start nonmarital and become partially marital through active appreciation. Some marital assets get commingled with nonmarital funds, creating tracing issues. Inherited property can lose its separate character depending on how it was handled during the marriage. Classification questions often determine outcomes in Tampa family law cases, and we address them early.
Parenting Plans Built for Real Life
A good parenting plan survives the transitions that families go through over the years. Children start school. They change schools. Extracurricular activities shift. Holidays need to be handled. Parents relocate. A plan drafted with foresight produces fewer disputes down the road.
Coordinating Support and Timesharing
Child support calculations depend in part on the timesharing schedule. When timesharing changes, support changes. Couples sometimes agree to schedule adjustments informally without updating the support order, and that creates enforcement problems later. We handle the two together rather than in isolation.
Post-Judgment Planning
The moment a final judgment is entered isn’t the end of the case’s relevance. Modifications, enforcement actions, and compliance issues can arise for years afterward. We draft agreements and judgments with those downstream possibilities in mind, which reduces the work required later when something needs to change.
Preventing the Avoidable Mistakes
Certain actions during a pending family law case produce consequences that are hard to reverse. Interfering with timesharing creates a record that hurts at the next hearing. Moving significant assets during a case can produce dissipation claims under § 61.075 and affect equitable distribution. Making major financial decisions without consulting counsel often has tax or property-division implications that weren’t anticipated. Putting case details in a social media post turns private information into evidence the other side can use. We flag these issues during the first meeting and throughout representation so they don’t become problems later.
Contact The McKinney Law Group
Your family is our passion. Whether you’re considering dissolution, facing a timesharing dispute, looking at a support modification, or trying to draft a prenuptial agreement before a wedding, we are prepared to help. We work with clients throughout Tampa and the surrounding region, bringing the same level of care and professionalism to every case. Contact us to schedule a consultation. We’ll listen to what’s going on, explain how Florida law applies, and lay out the next steps that make sense for your situation.