Tampa Divorce Attorney
Deciding to end a marriage is one thing. Understanding what comes next is another.
In Florida, divorce is a legal process called a dissolution of marriage, and in Tampa it runs through the Hillsborough County Circuit Court. The decisions made during that process, about your property, your finances, and your future, deserve careful preparation and someone who knows what they are doing.
Khonsari Law Group represents individuals going through divorce in Tampa and across Hillsborough County.
Call (727) 269-5300 to schedule a free consultation.
How Do You File for Divorce in Tampa, Florida?
Filing for divorce in Tampa begins with submitting a Petition for Dissolution of Marriage to the Hillsborough County Clerk of Court. At least one spouse must have lived in Florida for a minimum of six months before filing.
The spouse who files is called the petitioner. The other spouse is the respondent and must be properly served with the petition before the case can move forward. Once service is complete, the respondent has twenty days to file a response.
What If My Spouse Does Not Want a Divorce?
Florida is a no-fault divorce state. Neither spouse can prevent a dissolution from occurring simply by refusing to participate. If the respondent does not respond within the required timeframe, the court can enter a default, meaning the case proceeds without their active participation.
If a spouse cannot be located, Florida law allows for constructive service, a legally recognized method of notifying a party through publication. An attorney handles the service process and responds to any procedural complications that arise.
What Are the Grounds for Divorce in Florida?
Florida does not require either spouse to prove fault. The only recognized basis for a dissolution of marriage is that the marriage is irretrievably broken. There is no requirement to prove infidelity, cruelty, abandonment, or any other misconduct. However, certain conduct, such as dissipation of marital assets, meaning deliberately wasting or misusing marital property, can be considered by the court during property distribution.
How Long Does a Tampa Divorce Take?
An uncontested dissolution in Hillsborough County, where both parties agree on all issues, typically takes four to eight weeks from filing to final judgment, subject to a mandatory twenty-day waiting period after the petition is filed. Cases that require contested hearings, discovery, expert witnesses, or trial take considerably longer, often six months to two years.
The biggest factor in the timeline is how many issues are disputed and how willing both parties are to reach agreement.
How Is Alimony Decided in a Tampa Divorce?
In a Tampa divorce, alimony is decided based on the length of the marriage, each spouse’s financial situation, and the type of support needed. Florida’s 2023 reform eliminated permanent alimony and created four specific types.
Under Chapter 61 of the Florida Statutes, Florida now recognizes:
Bridge-the-gap alimony provides short-term support while a spouse transitions from married to single life. It cannot exceed two years.
Rehabilitative alimony supports a spouse who needs to develop skills or credentials to become self-supporting. It requires a specific plan for how the time and money will be used.
Durational alimony provides support for a set period, which cannot exceed the length of the marriage.
Temporary alimony covers support needs during the divorce proceedings themselves.
What Factors Does a Tampa Court Consider for Alimony?
The court considers the standard of living established during the marriage, the length of the marriage, each spouse’s financial resources and earning capacity, contributions each made to the marriage including homemaking and support of the other’s career, and the age and health of both parties. The 2023 reform also clarified that neither spouse is presumed to receive alimony based solely on the length of the marriage.
Alimony cases benefit from careful financial documentation and legal argument. An attorney builds the record that supports your position whether you are seeking or opposing support.
What Happens to the Marital Home in a Tampa Divorce?
The marital home is often the most significant asset in a Florida dissolution. Florida’s equitable distribution principle means marital property is divided fairly, though not necessarily equally. For the family home, this typically results in one of three outcomes:
- One spouse buys out the other’s interest and keeps the home
- Both spouses agree to sell the home and divide the proceeds
- The court orders a deferred sale, often when minor children are involved, allowing the custodial parent to remain in the home until a specified event
What If We Cannot Agree on What to Do With the House?
When spouses cannot reach agreement on the marital home, the court can order the property sold and the proceeds divided according to the equitable distribution analysis. An attorney presents the relevant factors to the court and argues for the outcome that reflects your contributions to the property and your needs going forward.
How Does Divorce Affect Retirement Accounts in Florida?
Retirement accounts earned during the marriage are marital property in Florida and subject to equitable distribution. This includes 401(k) plans, pensions, IRAs, and other retirement savings accumulated during the marriage. The portion earned before the marriage is typically treated as separate property.
Dividing a retirement account requires more than a court order. For employer-sponsored plans like a 401(k) or pension, the division must be accomplished through a Qualified Domestic Relations Order, known as a QDRO.
A QDRO is a separate legal document that instructs the plan administrator how to divide the account and transfer the awarded portion to the non-employee spouse without triggering early withdrawal penalties.
Errors in a QDRO can result in tax consequences or loss of the awarded funds. An attorney coordinates the drafting and approval of the QDRO as part of the overall case.
Ask Khonsari Law Group
Q: Do I need a lawyer for a Tampa divorce if my spouse and I agree on everything?
A: Having an attorney is strongly advisable even in an uncontested case. The documents filed with the Hillsborough County court must meet specific requirements, and errors in a petition, financial affidavit, or marital settlement agreement can delay the case or produce an agreement that does not say what you intended. An attorney prepares and reviews all filings before they are submitted, making sure the final judgment is complete and legally sound.
Q: What is discovery in a Tampa divorce and does it apply to my case?
A: Discovery is the formal process through which each spouse obtains financial and other information from the other party. In Florida divorces, both parties are required to exchange financial affidavits automatically. In contested cases, discovery may include written questions called interrogatories, requests for documents such as bank records and tax returns, and depositions.
Discovery is most commonly used when one spouse suspects the other of hiding assets or when financial records are complex. An attorney advises on whether formal discovery is warranted and manages the process.
Q: Can I date or move in with someone during my Tampa divorce?
A: Florida law does not prohibit either spouse from dating during a pending dissolution. However, significant financial expenditures on a new relationship during the proceedings can be characterized as dissipation of marital assets, which the court may consider in property distribution.
If children are involved, introducing a new partner too quickly can also affect timesharing evaluations. An attorney advises on how specific conduct during the case may be relevant to the issues being decided.
Q: What happens to our shared debts in a Tampa divorce?
A: Marital debts are subject to equitable distribution just as marital assets are. The court allocates responsibility for debts between the spouses as part of the settlement or judgment. Importantly, a divorce judgment divides responsibility between the spouses but does not change the contract with the creditor.
If both spouses were jointly responsible for a debt and the divorce assigns it to one who then defaults, the creditor can still pursue the other. An attorney helps structure the agreement in a way that minimizes this exposure.
How Khonsari Law Group Handles Tampa Divorce Cases
Divorce cases require attention to financial detail, careful documentation, and clear communication about what the law provides and what the evidence supports. Khonsari Law Group represents clients in Tampa divorce cases with that approach from the first consultation through the final judgment.
Rohom Khonsari and Erica Busch work directly with clients throughout the process. When issues are resolvable through negotiation, the firm works to reach agreement efficiently. When contested hearings or trial are necessary, clients are prepared and represented at every stage.
The firm is located in downtown St. Petersburg and serves clients throughout Hillsborough and Pinellas Counties. Consultations are free.
Call (727) 269-5300 or contact us online.
Family Law | Child Custody and Timesharing | Alimony | Mediation | Paternity
Frequently Asked Questions About Divorce in Tampa
Can I get a divorce in Tampa if my spouse lives in another state?
Yes, provided at least one spouse has lived in Florida for at least six months before filing. The Hillsborough County court has jurisdiction over the dissolution itself. Dividing property located in other states or enforcing orders against a spouse in another state may involve additional legal steps. An attorney identifies the jurisdictional issues specific to your situation.
What is a financial affidavit and why is it required in a Tampa divorce?
A financial affidavit is a sworn document that each spouse must complete and exchange in a Florida dissolution of marriage. It discloses income, assets, liabilities, and monthly expenses. The specific form required depends on each party’s gross annual income. The financial affidavit forms the foundation for negotiations over support, asset division, and attorney’s fees.
Errors or omissions in a financial affidavit can affect the case significantly, and an attorney reviews the affidavit to make sure it is complete and accurate.
How are attorney’s fees handled in a Tampa divorce?
Each party typically pays their own attorney’s fees in a Florida divorce. However, Florida law allows a court to order one spouse to contribute to the other’s fees when there is a significant disparity in the parties’ financial resources.
The purpose is to allow both spouses meaningful access to legal representation. Courts look at the need of one party and the ability of the other to pay. An attorney evaluates whether a fee contribution claim is warranted in your case.
What if my spouse hides assets during our Tampa divorce?
Florida law requires full financial disclosure from both parties. When there is reason to believe a spouse is concealing income or assets, formal discovery tools including document requests, interrogatories, subpoenas to financial institutions, and depositions can uncover the truth. Forensic accountants may be retained in complex cases.
If a spouse is found to have deliberately concealed marital assets, the court can adjust equitable distribution to account for that conduct.
Talk to a Tampa Divorce Attorney at Khonsari Law Group
A dissolution of marriage in Hillsborough County involves real legal decisions with lasting consequences. Whether your case is straightforward or complicated, having an attorney who understands the Tampa court system and Florida divorce law makes a meaningful difference in the process and the outcome.
Khonsari Law Group offers free consultations with no obligation.
Call (727) 269-5300 or contact us online.