Sarasota Divorce Lawyer

Understanding Divorce in Florida

Florida as a “No-Fault” Divorce State

Florida is a no-fault divorce state. This means that neither spouse has to prove wrongdoing to seek a divorce. Instead, one party must only assert that the marriage is “irretrievably broken” or that one spouse is mentally incapacitated.

This simplifies the legal process somewhat, but other issues—such as child custody, alimony, property division, and debt responsibility—can still create substantial conflict and complexity.

Key Issues in a Sarasota Divorce

When you work with a Sarasota divorce lawyer, you can expect to address the following major components:

1. Division of Property and Debt

Florida follows the principle of equitable distribution—assets and debts acquired during the marriage are divided fairly, though not necessarily equally.

Factors Considered Include:

• Length of the marriage

• Economic circumstances of each spouse

• Contributions to the marriage (including homemaking and childrearing)

• Sacrifices made to support the other’s education or career

If you’re dealing with significant assets, business ownership, or complex retirement accounts, our team can help safeguard your financial interests.

(Related Services: Equitable Distribution)

2. Alimony (Spousal Support)

Alimony is not automatic in Florida divorces. The court must first determine if one spouse has a genuine need for financial support and whether the other has the ability to pay.

Types of alimony include:

• Temporary

• Bridge-the-Gap

• Rehabilitative

• Durational

• Permanent

The recent updates to Florida’s alimony laws also impact awards, so having an experienced Sarasota Alimony Lawyer can make all the difference.

3. Child Custody and Parenting Plans

For divorcing parents, establishing a Parenting Plan is critical. Florida law encourages frequent and continuing contact between children and both parents whenever possible.

Key considerations include:

• Decision-making authority

• Timesharing (visitation) schedules

• Stability and best interests of the child

We advocate fiercely for your relationship with your children. Learn more about working with a Sarasota Child Custody Lawyer.

4. Child Support

Child support is calculated using statutory guidelines based on the parents’ incomes, healthcare costs, childcare expenses, and parenting time distribution.

We help clients establish, modify, and enforce child support orders to ensure your child’s needs are met.

(Related Services: Sarasota Child Support Lawyer)

5. Relocation with Children

If one parent wishes to move 50 miles or more away with the child, specific legal procedures must be followed, including obtaining court approval if the other parent objects.

Relocation cases can be highly contested, making it vital to work with a Sarasota Child Relocation Lawyer.

Uncontested vs. Contested Divorce

Uncontested Divorce

If you and your spouse agree on all major issues (custody, support, property division), you may qualify for an uncontested divorce, often faster, cheaper, and less stressful.

(Related Services: Uncontested Divorce)

Contested Divorce

When agreement isn’t possible, a contested divorce requires litigation. McNary Law will prepare a compelling case to protect your rights and advocate for a fair outcome.

Mediation: Resolving Disputes Outside of Court

Many Sarasota divorce cases benefit from mediation. As a neutral third-party process, mediation can help spouses resolve disputes respectfully and maintain greater control over the outcome.

We offer guidance through mediation and work to reach solutions that are in your best interest. (Related Services: Mediation)

Specialized Divorce Cases We Handle

• High Net-Worth Divorce: Complex financial matters such as business interests, real estate, and retirement accounts.

• Military Divorce: Navigating benefits division, residency requirements, and unique custody challenges.

• Divorce with Domestic Violence: Protecting your safety through restraining orders and strategic planning. (Related Services: Domestic Violence)

Why Choose McNary Law?

At McNary Law, we combine strategic legal representation with empathy and integrity. Clients in Sarasota, Bradenton, and Lakewood Ranch turn to us because:

• We tailor strategies based on your unique circumstances

• We prioritize your goals, not a one-size-fits-all solution

• We communicate openly, keeping you informed at every stage

• We’re trial-ready if litigation becomes necessary

Our Practice Areas also include DCF & Dependency, Paternity, Modifications, Injunctions, and Litigation, ensuring we can handle any related matters that arise during your divorce.

Common Questions About Divorce in Sarasota

How Long Does a Divorce Take in Sarasota?

• Uncontested Divorce: As little as 30–90 days

• Contested Divorce: Several months to over a year depending on complexity

How Much Does a Divorce Cost?

• Uncontested Divorce: Generally lower, especially when using mediation

• Contested Divorce: Costs vary based on the complexity and whether the case proceeds to trial

Do I Have to Attend Court Hearings?

Not necessarily. Many uncontested divorces and mediated settlements can be finalized without multiple court appearances. In contested cases, court attendance is usually necessary.

What if My Spouse Won’t Cooperate?

Florida law provides processes to move forward even if your spouse refuses to engage, including default judgments in certain circumstances.

Speak with a Sarasota Divorce Lawyer Today

Divorce is one of life’s most difficult chapters, but you don’t have to face it alone. The team at McNary Law is ready to help you start your next chapter with strength and confidence. Whether you need support in Sarasota, Bradenton, or Lakewood Ranch, contact us today to schedule a consultation with an experienced Sarasota divorce lawyer.