Tampa Divorce Attorney
Divorce is more than just a legal proceeding: for many, it’s a necessary journey towards a better and more empowered life. Understanding how Florida law applies to your case is important if you are considering divorce. The Tampa divorce attorneys at Quinn & Lynch P.A. know that divorce can be difficult, but we are here to help your family get through it.
An experienced divorce attorney from our firm can help you determine important legal issues and the steps required to file for divorce in Tampa, FL. When you’re ready to file, your Tampa divorce lawyer can represent you throughout Florida divorce proceedings.
Take control of your divorce–call our full-service law firm in Tampa, FL, at 813-223-7739 to schedule an appointment with one of our Tampa divorce attorneys today.
Fault vs. No-Fault Divorce in Florida
States each have their own divorce law. A “fault divorce” refers to a claim that the other spouse’s actions led the spouse to file for divorce. This is common in the case of adultery, domestic violence, or abandonment but isn’t allowed in every state.
Some states allow married individuals to initiate a divorce without proving any wrongdoing or fault. This is referred to as “no-fault divorce.”
Yes, Florida family law allows for no-fault divorce. This no-fault approach aims to minimize unnecessary conflict and emotional distress.
The advantages of no-fault divorce include simplicity, speed, and reduced conflict in a collaborative divorce. Our divorce lawyers in Tampa, FL, can help you understand how a no-fault divorce could impact your marital future.
While adultery itself isn’t a ground for divorce due to the state’s no-fault divorce laws, it can still affect alimony in Florida.
If the court finds that a spouse’s adultery had an economic impact on the marital home or finances or significantly contributed to the breakdown of the marriage, it might result in a change in the alimony awarded.
In Tampa, FL, adultery can also potentially impact child custody arrangements during a divorce case. While the primary concern in determining custody is always the child’s best interests, a court may consider a parent’s moral conduct, including adultery, in its assessment of the parent.
If this does not negatively impact minor children, adultery should not significantly affect child custody decisions in the final judgment. Our Tampa child custody attorneys from our family law firm in Tampa, FL, can provide more information about how adultery affects your case.
In Florida divorce cases, adultery can potentially influence the division of marital property and assets. Florida marital and family law follows the principle of equitable distribution, meaning the couple’s marital property is divided fairly but not necessarily equally.
Property division is based on specific circumstances, meaning adultery could alter divisions in the marital settlement agreement, especially if the adulterous spouse misused marital assets in their affair.
This impact will vary depending on the specific circumstances and the evidence presented by your Tampa divorce attorney.
Our Tampa property division attorneys in Tampa, FL, can help ensure you reach a favorable marital settlement agreement, even in adultery cases.
How to File for Divorce in Florida
The process of filing for divorce in Tampa, FL, can vary slightly depending on whether the divorce is contested or uncontested.
Normally, to initiate and complete the divorce process in Tampa, FL, a person must:
Live in Florida for a minimum of 6 months (or be married to someone who has been living in Florida for at least 6 months);
Prepare a Petition for Dissolution of Marriage;
File the divorce petition with the Hillsborough County Clerk of Court;
Serve the other spouse with the petition;
Receive a response from the other spouse within 20 days of them being served;
Disclose income, expenses, assets, and liabilities in a financial affidavit;
Mediate and negotiate on important issues;
Attend a final hearing with the judge presiding over their divorce case.
To understand your rights and obligations, consult a Tampa family lawyer before beginning the divorce process. Our firm’s attorneys can help in any divorce proceedings, but if the divorce involves complex issues like child support, parenting plans, prenuptial agreements, or significant assets, legal representation proficient in marital and family law is not just advisable – it’s essential.
A Tampa, FL, divorce attorney at Quinn & Lynch P.A. can ensure all paperwork is completed correctly and that all parties know their legal rights.
Types of Divorce Cases Our Tampa, FL, Family Law and Divorce Attorneys Handle
No two divorce cases are the same. A skilled Tampa, FL divorce lawyer can determine which course of action is suited to gain your best interests.
The Tampa, FL divorce attorneys at Quinn & Lynch, P.A. have experience representing clients in various practice areas involving family law cases in Tampa, FL. Our family law group provides Tampa residents with legal representation through same-sex divorce proceedings and military divorce proceedings, as well.
A contested divorce occurs when spouses cannot agree on key issues related to the dissolution of their marriage and require a judge to make final decisions on unresolved disputes. These issues can include child custody, visitation, child support, alimony, and asset division.
While contested divorces can be lengthier, more complex, and typically more costly, they can be necessary in order for both spouses to be happy.
Uncontested divorces occur when both spouses agree on all major aspects of the divorce, including child custody and visitation, child support, alimony, and the division of property and debts.
The couple typically files their agreement with the court, and the divorce is granted after their uncontested final hearing.
Annulment vs. Divorce
An annulment and a divorce are legal processes that dissolve a marital relationship but differ fundamentally. A divorce is the legal termination of a valid marriage, acknowledging that the marriage existed but has now ended. In contrast, an annulment is a legal decree declaring the marriage null and void, typically because the marriage was invalid due to fraud, coercion, incapacity, or bigamy.
Annulments require specific legal grounds in Tampa, FL, whereas divorces can be sought for any reason, depending on the local family law provisions.
Yes, but annulments are less common and generally more challenging than divorces. Florida law has no specific statute governing annulments, so they are granted based on established legal precedents.
Due to the stringent legal criteria for annulments, it’s advisable to seek legal counsel in order to understand how an annulment would apply in your particular case.
Grounds for annulment in Florida typically include situations such as:
marriages entered into as a joke,
marriages in which a spouse was already married at the time (bigamy),
marriages lacking the mental capacity to consent and
marriages in which consent was obtained through coercion or duress.
To successfully annul a marriage in Tampa, FL, you’ll need an experienced divorce attorney with experience handling family law matters such as annulment. A Tampa divorce attorney from our law offices will be able to inform you of your legal rights regarding annulment.
Alimony in Florida
Alimony allows a dependent spouse to receive financial support from their other spouse, even after they are no longer married.
Like all other aspects of divorce, alimony in Tampa, FL, can be complicated, so it’s important for those looking to file for divorce to seek advice from a Tampa alimony attorney at Quinn & Lynch P.A.
In Florida, if someone receives spousal support and gets remarried, this normally results in the automatic termination of their alimony payments. Specifics can vary depending on the type of alimony awarded and the terms in the divorce decree.
Given the nuances, divorce clients in Tampa, FL, who are seeking or receiving alimony should consult with an experienced divorce attorney for guidance tailored to the individual circumstances of their case.
Recipient spouses who cohabit with another after a divorce may have their alimony payments reduced. Under Florida family law, the spouse who is paying alimony can seek to modify or terminate the alimony based on the recipient spouse’s cohabitation.
When determining grant modifications or terminations for cohabitation, the court will consider the following:
The live-in partner’s financial contributions to the recipient’s living expenses and
Whether their relationship is financially interdependent like a marriage.
Anyone in this situation must seek legal advice from a divorce attorney from our Tampa, FL, law offices. Our divorce and family law attorneys will be able to navigate through alimony issues like cohabitation.
To terminate or modify alimony in Tampa, FL, the party seeking the change must typically demonstrate a substantial, material, and unanticipated change in circumstances since the original alimony order was made.
Common reasons for modification or termination include:
significant changes in income or employment status,
the recipient’s remarriage or cohabitation, or
changes in either party’s health or financial needs.
The process generally involves filing a petition with the court that originally issued the alimony order, providing evidence of the changed circumstances, and potentially going through a hearing process.
To alter or terminate alimony, the petitioner must present clear evidence proving that the situation has changed.
That’s why it’s important that those seeking to modify or terminate alimony contact an experienced divorce attorney from our law firm. If you need a skilled divorce attorney in Tampa, FL, our divorce lawyers can potentially help prove that the original alimony order needs to be changed and help you receive favorable support modifications.
What is Divorce Mediation?
Divorce mediation is a process where a neutral third party, known as a mediator, helps divorcing couples negotiate and settle disputes amicably. Mediation is typically less confrontational, focusing on mutual understanding and tailored solutions that benefit both parties.
By fostering a spirit of cooperation, divorce mediation can potentially lead to more sustainable post-divorce relationships. Mediation can address various aspects of a divorce, including asset division, child custody, and support arrangements.
To learn more about divorce mediation in Tampa, FL, contact the Tampa divorce mediation attorneys at Quinn & Lynch today. A divorce lawyer from our firm can help ensure you reach a mutually beneficial divorce settlement.
Why You Need a Tampa Divorce Lawyer
Florida divorce law is complex, and complicated family matters can require an experienced divorce attorney to navigate properly.
Our Tampa marital and family law group can handle the legal proceedings involved in your divorce, including:
Division of marital assets and debts
Spousal support/alimony determination
Child custody and time-sharing orders
Calculating child support payments
Enforcement of child support payments
There may also be other family law issues to resolve after the divorce, including relocation/move-away requests and modifying existing orders. A divorce lawyer from our Tampa, FL, law firm can help ensure your case is handled correctly from start to finish.
Call the Tampa Divorce Lawyers at Quinn & Lynch P.A. Today
With more than 40 years of combined experience, we at Quinn & Lynch, P.A. are proud to provide the residents of the Tampa Bay area with expert legal services regarding divorce, pre-divorce planning, collaborative divorce, and more. Our Tampa pre-divorce planning attorneys and our Tampa divorce attorneys help Tampa clients with professionalism and compassion, ensuring the Tampa community receives the help they need right when they need it most.
Contact Our Experienced, Dedicated Divorce & Family Law Lawyers Today
As a dedicated family law practice in the Tampa Bay area, we work one on one with our clients, resulting in representation that is characterized by genuine care and understanding. If you are dealing with divorce or other family law issues, please contact at 813-223-7739 to schedule an appointment with one of our experienced family and divorce attorneys.