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Collaborative divorce is not your typical court-based, high-stress divorce. In fact, it is meant to resolve your divorce in a peaceful & respectful team-based approach.

  • (Time) Restructure relationships faster with less stress
  • (Money) Preserve finances for both parents and children
  • (Emotion) Reduce emotional tolls on family
  • (Results) Customize win-win†results for both spouses
  • (Relationships) Preserve family relationships beyond divorce
  • (No Court Hearings) Keeping your matters private.

HOW DOES IT WORK? 

1) It starts with a pledge not to go to court.

Spouses and attorneys agree they will not take any contested issue to court

  • Attorneys withdraw if an agreement can’t be reached or if one of you opts out of the collaborative process.

Why is this important?

  • Both of you can speak freely without worrying that what you say may be used against you in court.
  • This approach creates a “safe” environment in which the team can help both of you negotiate.
  • Because the commitment not to go to court is a formal agreement rather than just a promise, it builds more trust in the collaborative process, which helps both of you get the results you want.

2) It requires full disclosure.

Everyone agrees to openly share and exchange all information needed, and commits to:

  • Respond truthfully to questions and requests for paperwork
  • Clarify misunderstandings or errors in information provided

Why is this important?

  • Agreeing to provide the information is much less costly than either requesting or demanding formal discovery via your expensive lawyer, especially when you both already have it.
  • Your team’s financial professional helps guide both of you through the process, ultimately reducing the time and expense of gathering the financial information for you both.

3) It provides customized results.

The written document that describes the final divorce is called the settlement agreement.  Unlike a judge who is restricted by legal guidelines, in your collaborative divorce:

  • The Team works as a unit to help you both make decisions based on your specific values and needs;
  • The process allows you both to be more creative and to generate more satisfying solutions for your family; and
  • Your agreement can incorporate the common goals of both of you for your family now and for issues that may arise in the future (such as education, health issues, moving homes, etc.).
  • The results in collaborative divorce are PRIVATE.
  • Sensitive family issues, personal information, and financial documents may be kept out of the public file and thereby the public record.

The jurisdictional limits of Small Claims Court often make the retention of an attorney cost prohibitive, meaning that the cost of hiring an attorney may be more than the amount of money at issue. It is important to know however that Small Claims is governed by the Rules of Small Claims rather than the Florida Rules of Civil Procedure, and the subtle differences could make the difference between prevailing on the merits of your case and prevailing on the merits of your case with the other side being responsible for your fees and costs.

If you suffer an injury as a result of the negligence of another, and that person and/or entity owed a duty of care to you, you are entitled to compensation. McNary Powers, PLLC can assist you in seeking said compensation. While many of these types of cases can settle without the necessity of a lawsuit, having experience on your side can be very valuable should the matter proceed to actual litigation. McNary Powers, PLLC also brings the added benefit of trial experience on such matters, should the need arise.

A parent can find themselves in a very frightening and unfamiliar environment upon being summoned to Juvenile Court. Either their child has been arrested, in which case they must now face the Juvenile Delinquency system as well as the Department of Juvenile Justice, or there have been allegations of abuse, abandonment, or neglect, and they now must face the Juvenile Dependency system as well as the Department of Children and Families. In either case, the Juvenile courtroom is one of particular idiosyncrasies, governed by the Florida Rules of Juvenile Procedure, which can cause even the most experienced Family or Criminal attorney to perform missteps if they are not familiar with certain peculiarities of the Juvenile Court. In fact, Delinquency and Dependency are no longer tested on the Florida Bar Exam after a determination that the fields are of such a highly specialized area of practice that the average Florida attorney would not be required to be knowledgeable of the specifics of the Florida Rules of Juvenile Procedure. The attorneys at McNary Powers, PLLC, have extensive experience in this area, please call for a consultation should the need arise.

Whether it be a misdemeanor or a felony arrest, you are innocent until proven guilty. The effects of a criminal conviction can follow an individual for a lifetime and the importance of having dedicated representation with courtroom experience and familiarity with the criminal justice system is paramount when facing the possibility of said conviction. At McNary Powers, PLLC, we have years of experience in defending clients in both misdemeanor and felony cases.

At McNary Powers, PLLC, we never forget that the way in which we handle your legal issues deeply affects your life and the lives of the people you care about most. We give every case the effort and personal attention it deserves.

If you need real solutions in a divorce or other family law matter, you can trust McNary Powers, PLLC to provide high quality and compassionate representation. Given the emotional, financial and legal impact of a divorce on you and your family, we work closely with you through every step of the process and even prepare you for life after divorce; and as hard as it may be to believe, there will be life after your divorce. At the center of a family dispute -amidst all of the contention and legal complications – are people.

COLLABORATIVE
Collaborative divorce is not your typical court-based, high-stress divorce. In fact, it is meant to resolve your divorce in a peaceful & respectful team-based approach. Restructure relationships faster with less stress. Preserve finances, reduce emotional tolls on family, and more.

CHILD SUPPORT
Parents have an obligation to support their children according to their means. A parent’s child support obligation arises primarily in the context of dissolution of marriage and paternity actions. Child support is based on the combined net income of the parties and is determined by using the Florida Child Support Guidelines.

DIVORCE
Divorce cases usually require the resolution of issues such as: equitable distribution of property, time sharing, custody and parenting issues, child support, alimony and entitlement to attorney’s fees and costs. At the Law Office of Libby A. McNary, P.A., we can evaluate your case and advise you regarding alternative courses of action.

A contract is a promise between two parties to exchange goods and services. When a contract is properly drafted, there can be serious repercussions for the party that breaches the contract. When a contract is hastily drafted, or not properly reduced to writing, the costs of enforcing the contract can be expensive and exhausting. Whether you are preparing to enter into a contract or seeking to enforce the conditions of a contract against a breaching party, an attorney will be a valuable part of the process. McNary Powers, PLLC, has experience in both drafting and enforcing contract provisions, both pre-suit and through litigation and court intervention.

In the state of Florida, Chapters 720 and 718 govern Homeowners’ Associations and Condominium Associations respectively. Associations owe specific fiduciary duties to their members, and the members owe specific duties to the association. The attorneys at McNary Powers, PLLC, have represented both members of associations and associations themselves in pre-suit matters and actual litigation. When considering bringing an action against either a member or an association, it is important that the attorney representing you become familiar with not only the relevant Florida Statutes, but also the Declarations and By-Laws of the subject association.

After the death of a loved one, distributing their assets can be an arduous process. In the best of times, this can proceed without confrontation, but there are times when the inheriting parties can disagree and the need for legal representation can arise. Whether it be the need to remove a personal representative or deal with the distribution of an estate, McNary Powers, PLLC, can assist you.

There are many in the legal profession who will tell you that a litigator is an attorney focused on settling a matter, while a trial attorney is one who constantly thinks of how to win in court. As each matter needs to be evaluated individually, your individual needs and ultimate goals must be as well.

The attorneys at McNary Powers, PLLC, have experience in negotiating settlements in many areas of the law, as well as taking a case to completion whether in front of a judge or a jury. Depending on the specific client’s needs and the facts of a case, McNary Powers, PLLC, will assist in devising a plan that is cost-effective and seeks to resolve a matter in your favor as efficiently as possible.

Additionally, it is important that one be cognizant of the subtleties of the various Florida Court Rules of Procedure. In Florida, there are separate court rules depending on whether you are in Civil, Criminal, Probate, Juvenile, Family or Small Claims. Having an attorney familiar with each set of rules is important when devising a strategy as to how to successfully resolve a matter.