Family Law

Understanding Family Law in Florida

Family law is a broad area of practice that deals with issues affecting relationships, children, and finances. In Florida, it includes everything from divorce and custody disputes to support obligations, prenuptial agreements, and cases involving domestic violence. These matters often overlap, requiring not just legal knowledge but also a thoughtful approach that balances legal rights with emotional realities.

At its core, family law is about helping people navigate some of life’s most significant transitions. It is about making sure children are cared for, assets are fairly divided, and individuals are protected when they feel most vulnerable.

Why Choose McNary Law?

When you choose McNary Law, you are choosing a Bradenton-based law firm committed to helping families throughout Manatee and Sarasota counties. Our approach sets us apart:

• Local Experience: We understand how family courts in our region operate and how local judges view issues of custody, support, and divorce.

• Compassionate Problem-Solving: We listen to your goals and work to create solutions that reduce conflict whenever possible.

• Tailored Strategy: Every family is different. We don’t take a one-size-fits-all approach — we craft strategies that fit your situation.

• Core Values: Guided by honesty, accountability, and community engagement, we provide representation built on trust.

Our Family Law Services

Divorce

Divorce is one of the most common reasons people contact a family law attorney. Florida is a no-fault divorce state, which means either spouse can file on the grounds that the marriage is “irretrievably broken.” Even so, the process can be complex. We guide clients through every type of divorce, including:

• Uncontested Divorce: When spouses agree on all major issues, an uncontested divorce can be completed quickly and cost-effectively.

• Collaborative Divorce: A team-based approach that emphasizes cooperation and problem-solving rather than courtroom battles.

• High Net Worth Divorce: Involving significant assets, business interests, or complex property division, requiring careful financial analysis.

• Property Division: Florida follows the principle of equitable distribution, which means marital assets and debts are divided fairly, not always equally.

• Alimony: Courts may award different types of spousal support depending on the length of the marriage, each spouse’s earning ability, and financial needs.

Our attorneys focus on protecting your financial interests, your parental rights, and your peace of mind.

Child Custody

Florida law uses the term time-sharing instead of custody. Courts encourage both parents to remain involved in their child’s life, unless doing so would be harmful. Time-sharing arrangements are formalized in a Parenting Plan, which spells out responsibilities such as decision-making authority, healthcare, education, and a schedule for when the child spends time with each parent.

Disputes can arise over what is in the “best interests of the child,” and that is where our advocacy makes a difference. We help parents present their case effectively, whether they are seeking shared parental responsibility or sole parental responsibility in cases involving abuse, neglect, or domestic violence.

Child Support

Parents are legally obligated to support their children. Florida has guidelines to calculate child support, but courts can also consider additional expenses like healthcare, extracurricular activities, and childcare.

Our Child Support services include:

• Establishing new child support orders.

• Enforcing existing orders when payments are missed.

• Modifying support when circumstances change, such as a job loss or significant income increase.

We make sure support amounts are fair and truly reflect your family’s needs.

Parental Relocation

If one parent wants to move more than 50 miles away with a child, Florida law requires either the other parent’s agreement or court approval. Relocation can be a complicated issue because it affects parenting time and a child’s stability.

Our Parental Relocation services help parents present clear arguments about why a move should or should not be allowed, with the child’s best interests always at the center.

Paternity

Establishing paternity is crucial for both parents and children. It secures a child’s rights to support and inheritance while giving both parents the opportunity to be fully involved.

Our Paternity services assist mothers seeking support, fathers wanting legal rights, and families working toward fair parenting arrangements.

Prenuptial & Postnuptial Agreements

Marriage is both an emotional and financial partnership. Prenuptial and Postnuptial Agreements allow couples to define how assets and debts will be handled in case of divorce or death. These agreements can provide peace of mind, prevent disputes, and protect family wealth or business interests.

Domestic Violence

When safety is at risk, swift legal protection is essential. Florida courts can issue injunctions (protective orders) to keep abusers away from victims. Our Domestic Violence attorneys act quickly to file or defend Injunctions, making sure your rights and safety are prioritized.

Modifications

Life circumstances change, and court orders sometimes need to change with them. Whether it’s a shift in income, relocation, or a child’s evolving needs, our Modifications services help adjust custody, support, or alimony orders.

DCF & Dependency

If the Department of Children and Families becomes involved, it can be one of the most stressful experiences for parents. A dependency case may affect custody and parental rights. Our DCF & Dependency practice focuses on defending parents, preserving family integrity, and protecting children’s well-being.

What to Expect in a Family Law Case

1. Consultation: We listen to your concerns, answer your questions, and outline next steps.

2. Strategy Development: We create a personalized plan based on your goals.

3. Negotiation & Mediation: Many cases resolve outside of court through cooperative solutions.

4. Litigation (if necessary): If settlement is not possible, we are fully prepared to advocate for you in court.

5. Resolution: Our goal is to secure outcomes that allow you and your family to move forward with stability.

Frequently Asked Questions

How long does a divorce take?
It depends. Uncontested divorces may take only a few months, while contested cases involving custody or complex assets can take significantly longer.

Can custody be shared equally?
Yes. Courts often encourage equal time-sharing if it benefits the child. However, the arrangement must be workable and in the child’s best interests.

Can support orders be changed?
Yes. Child support or alimony may be modified if circumstances change significantly.

What if my spouse doesn’t want a divorce?
Florida law allows divorce if one spouse claims the marriage is irretrievably broken, even if the other spouse disagrees.

Do I really need an attorney?
Family law cases involve important rights and obligations. An attorney helps ensure your voice is heard and your interests are protected.

Serving Families Across Bradenton and Sarasota

At McNary Law, we believe family comes first. Our attorneys bring together legal knowledge, compassion, and advocacy to help you through life’s most difficult transitions. Whether you need representation in divorce, custody, support, or dependency matters, we are here to help.