Bradenton Family LawDivorce

Divorce Attorney in Bradenton
Divorce is a significant life transition that can be emotionally and legally complex. Whether you are considering filing for divorce or have been served with divorce papers, understanding your rights, responsibilities, and options is crucial. Every case is unique, with factors such as child custody, asset division, and spousal support playing a critical role. At McNary Powers, we are dedicated to providing compassionate and strategic legal counsel to clients in Bradenton, Lakewood Ranch, and Sarasota. Our goal is to guide you through the legal process with clarity, ensuring that your interests are protected every step of the way.
Understanding Divorce in Florida
Grounds for Divorce
Florida is a “no-fault” divorce state, meaning that a spouse does not need to prove wrongdoing to file for divorce. Instead, the petitioner only needs to establish that the marriage is “irretrievably broken.” This allows couples to dissolve their marriage without unnecessary conflict over blame.
Residency Requirements
To file for divorce in Florida, at least one spouse must have been a resident of the state for a minimum of six months before filing. Proof of residency can be established through a Florida driver’s license, voter registration, or testimony from a third party.
Types of Divorce
Contested vs. Uncontested Divorce
- Uncontested Divorce: Both spouses agree on all major issues, including asset division, child custody, and support. This type of divorce is generally faster, less expensive, and less stressful.
- Contested Divorce: If spouses cannot reach an agreement, the case will proceed to court, where a judge will make decisions on disputed issues.
Collaborative Divorce
A collaborative divorce involves both parties working together with their attorneys to reach a settlement without going to court. This method can be beneficial for reducing conflict and preserving relationships, especially when children are involved.
Mediation
Mediation allows spouses to negotiate the terms of their divorce with the assistance of a neutral mediator. This process can help avoid litigation and often results in a more amicable resolution.
Key Issues in a Divorce
Asset and Debt Division
Florida follows equitable distribution, meaning that marital assets and debts are divided fairly but not necessarily equally. Courts consider factors such as:
- Each spouse’s financial contributions
- The length of the marriage
- The economic circumstances of each party
- Any wasteful dissipation of assets
Child Custody and Support
Florida courts prioritize the best interests of the child when determining custody arrangements. Factors include:
- The ability of each parent to provide a stable environment
- Each parent’s involvement in the child’s life
- Any history of domestic violence or substance abuse
Child support is calculated based on both parents’ incomes, healthcare, daycare costs, and the amount of time each parent spends with the child.
Alimony (Spousal Support)
Alimony may be awarded based on:
- The length of the marriage
- Each spouse’s financial need and ability to pay
- Contributions to the marriage, including homemaking and child-rearing
There are several types of alimony in Florida, including:
- Bridge-the-gap alimony: Short-term support to help a spouse transition after divorce
- Rehabilitative alimony: Financial assistance while a spouse gains education or training
- Durational alimony: Support for a set period
Steps in the Divorce Process
- Filing a Petition: One spouse (the petitioner) files a divorce petition with the court.
- Serving the Papers: The other spouse (the respondent) is served with divorce papers and has 20 days to respond.
- Discovery Phase: Both parties exchange financial and personal information relevant to the case.
- Negotiation & Mediation: Spouses attempt to settle disputes through mediation or negotiation.
- Trial (if necessary): If an agreement is not reached, a judge will make the final decisions.
- Final Judgment: Once all issues are resolved, the court issues a final divorce decree.
How McNary Powers Can Help
At McNary Powers, we understand that divorce is more than a legal process—it is a life-changing event that requires compassion and strategic advocacy. We assist clients in Bradenton, Lakewood Ranch, and Sarasota with:
- Uncontested and contested divorces
- Child custody and support negotiations
- Alimony disputes
- Equitable distribution
- Mediation and collaborative divorce
- Post-divorce modifications
Our firm is committed to honesty, integrity, and compassionate problem-solving. We prioritize the best interests of our clients and work diligently to secure favorable outcomes.
FAQs About Divorce
How long does a divorce take in Florida?
- An uncontested divorce may be finalized in as little as 30 days, while a contested divorce can take several months or even years.
Can I modify my divorce agreement?
- Yes, modifications can be made to child support, custody, and alimony agreements if circumstances change significantly.
Do I need a lawyer for my divorce?
- While not legally required, having an experienced attorney ensures your rights are protected and helps prevent costly mistakes.
Contact McNary Powers Today
If you are considering divorce or have already started the process, McNary Powers is here to help. Our dedicated team serves clients in Bradenton, Lakewood Ranch, and Sarasota, providing personalized and strategic legal counsel. Contact us at (941) 345-1662 today to schedule a consultation and take the first step toward a secure future.


