Tampa Divorce Attorney
If you and your spouse are residents of the state of Florida and have reached a point in your relationship where you wish to dissolve your marriage, you can file for divorce. However, filing for a divorce does not mean that divorce is automatic; rather, there are a number of matters that you and your spouse will have to reach agreement on before your divorce will be settled. At the law offices of HD Law Partners, our Tampa divorce attorneys can guide you through what you need to know, and will provide you with the experienced counsel you’re seeking.
A Tampa Divorce Attorney for All Divorce-Related Matters
Our Tampa divorce lawyers are knowledgeable in all divorce-related matters, beginning with the requirements for filing for divorce and how to file a petition for dissolution of marriage. We can also help you understand when you may need to file a petition for dissolution of marriage with minor children, with property but without children, or with both minor children and property. In addition to representing you during the filing of your petition and related actions (such as serving your spouse with the petition), we will also actively represent you in:
- The formation of a parenting plan. If you and your spouse are seeking a divorce and you have any minor children together, you will need to form a Florida parenting plan. Parenting plans are used to determine with whom a child will live, how time will be shared between each parent with the child, who will make decisions about the child, how a child will be transported between each parent, what happens if parents are in disagreement about an issue regarding the child, and more.
- Understanding spousal maintenance. An award for spousal maintenance is a very common occurrence when a couple files for divorce. Whether you are the financially dependent or independent party, we can help you to understand the law regarding spousal maintenance, and will work to preserve your best interests.
- Division of property. Florida is an equitable distribution state, which means that marital party must be divided by a couple in a manner that is equitable. We can assist you in determining what equitable means, and how to fight for the property that you really want.
Advocating for You in and Out of the Courtroom
We encourage all of our clients to work with their spouse in order to reach a divorce settlement in regards to the issues above outside of court through negotiations and mediations. Going to court is expensive, time-consuming, and often ends in a manner that leaves clients dissatisfied. With that in mind, at HD Law Partners, we do have extensive trial experience, and will be ready to represent you in family court if your case cannot be resolved otherwise.
Tampa Divorce FAQs
Do I have to pay alimony in a divorce?
Florida alimony laws are not very precise. Many factors can determine the amount of alimony you will pay, or whether you will pay any alimony at all. Courts have great discretion in determining the alimony factors to consider and the weight of each factor.
What are the factors Florida courts consider in determining alimony?
Courts may consider many factors when determining alimony including the length of the marriage, your standard of living during the marriage, both spouse’s ability to pay support, whether one of you has been unemployed and unable to care for your child or children, whether one of you gave up your career for the benefit of the marriage and whether one of you became disabled during the marriage and can no longer support themselves.
Who receives custody in a divorce?
Custody is often determined by what is called the child’s best interest criteria. The court will examine you and your spouse’s or other parent’s situation and the past and present interaction with the child to determine how both of your parenting has best served the interests of your child.
How do I get a divorce?
Filing a petition for dissolution of marriage is the first step in the divorce process. Once filed the petition will be served by personal service upon your spouse who then has 20 days to respond. The only prerequisite for obtaining divorce is an allegation that the marriage is irretrievably broken or mental incapacity of one of the parties.
How is child support determined?
The Florida child support guidelines mostly dictate the amount of the support obligation. However, your income and the amount of time sharing you have with your child influences whether you or your spouse will pay child support. The information you and your spouse provide on financial affidavits and via other sources will determine your net income. The net income of both parties is then inserted into the child support guidelines worksheet. The child support calculation formula includes the number of children and the overnights each parent spends with the children per year. The guidelines also include the cost of the health and dental insurance premium paid for the child, as well as childcare expenses.
What happens to retirement funds and 401(k) plans in a divorce?
Retirement funds and 401(k) plans will be divided between the parties based upon various factors. The transfer of the funds from the owner to the other spouse without penalty or tax consequences requires preparation of a Qualified Domestic Relations Order (QDRO). You will need to retain an attorney experienced in determining the division of all classes and types of pensions and retirement accounts, including 401(K) plans, IRAs and company-sponsored pension plans along with preparation of Qualified Domestic Relations Orders (QDROs).
How long does a divorce take to be final?
In our experience a divorce can take somewhere between 3 and 24 months, depending on whether the divorce is contested or uncontested. This timeline is often influenced by the county in which the dissolution of marriage petition is filed and the judge. The average uncontested divorce in our experience takes 3 to 4 months. The average contested divorce in our experience takes 12 to 14 months.
How much will my divorce cost?
The cost of divorce can range from around $1,000 for an uncontested divorce up to and over $15,000 for a contested divorce.
Do grandparents have rights?
Grandparents do have rights if the parents are unable to be located, dead or in a persistent vegetative state. If only one parent is around and is not a violent felon grandparents have no rights.
Will an adulterous affair have an impact on my divorce?
Florida is a no-fault divorce state and adultery does not impact most divorce matters. If the spouse having the affair spends marital funds or uses marital assets during the affair that may impact the court’s overall decision including alimony and custody matters.
What are marital assets?
Marital property is anything acquired, all assets and debts and property, during the marriage. It does not matter whose name the asset is titled in. There are many unique rules that govern inheritances, gifts, retirement accounts and family businesses.
What are non-marital assets?
Non-marital assets (sometimes called separate property) is property that is not included in the marital estate. Non-marital property includes: (1) assets acquired prior to the marriage, (2) property acquired by noninterspousal gift or inheritance, (3) income derived from non-marital assets, (4) assets and property excluded by agreement.
How does a divorce affect commingling of property?
Combining non-marital assets with marital assets may subject what was considered to be a non-marital asset into a marital asset, and subject to equitable distribution. For example, if a spouse who maintained a separate bank account before the marriage, titled solely in his or her name, adds his or her spouse to the account and allows the spouse access to the account. Or if the spouse who uses the funds contained in the separate bank account to pay marital debts and expenses.
What is equitable distribution?
The division of marital assets and liabilities is called equitable distribution. The principle is that there will be an equal distribution of the assets and liabilities unless there are factors that should result in unequal distribution. Factors that may be considered include the length of the marriage, the dissipation of assets during the marriage and the career and economic situations of both spouses.
Divorce Mediation
What is divorce mediation?
Divorce mediation is a process in which you and your spouse, and potentially your respective attorneys, meet with a neutral third party, the mediator, in an effort to amicably resolve outstanding issues related to your divorce. You and your spouse have decision-making powers and must agree on each provision in the final agreement. Both parties are allowed to explain their position and perspectives on all the issues. The mediator will act as a facilitator and discuss each of the issues in question in a calm and rational manner with both spouses, and attempt to resolve the issues in favor of both spouses. The final agreement, absent violations of Florida law, can be anything the spouses agree to with the help of their respective attorneys and the mediator.
How much does divorce mediation cost?
Divorce mediation is a less expensive alternative to litigation. The costs associated with litigation tend to be higher than divorce mediation. Mediation provides spouses seeking a divorce with an accurate estimate with regard to the number of hours and cost required to resolve their issues. We recommend the mediator be an attorney experienced in divorce matters, or a Florida Supreme Court certified mediator. Generally, a typical divorce mediation ranges in cost from $1,000 to $3,000.
How long does divorce mediation take?
The length of a divorce mediation depends on many factors, but primarily is driven by the complexity of your divorce matter and ultimately the number of parties involved, including children. A mediation can last anywhere from hours, to a full day or even several days.
Contact Our Tampa Divorce Attorneys Today
Going through a divorce is hard – our team makes the legal side a little easier. To schedule your initial consultation with our talented Tampa family law attorneys today, or to ask a question to one of our staff members, please call us directly or send us a short message.
