Divorce, custody, and support cases are some of the most personal legal matters anyone faces. McNamara Law represents parents and spouses throughout Central Florida in contested and uncontested family-law matters, with clear advice, realistic expectations, and firm advocacy when it's needed.
Most family cases fall somewhere in between. We help you settle what can be settled efficiently, and we prepare to litigate what can't.
An agreed divorce or parenting plan can save significant time, money, and conflict, but the paperwork still has to be right. A poorly drafted marital settlement agreement or parenting plan can cause problems for years.
When the other side won't be reasonable, you need an attorney who prepares every case as though it will go to trial. That preparation is also what produces fair settlements.
From the first filing through post-judgment modifications and enforcement, we represent clients at every stage of a family case.
Florida is a no-fault state: a marriage can be dissolved when it is irretrievably broken. We handle contested and uncontested divorces, including cases involving businesses, retirement accounts, and significant debt.
Florida uses "parental responsibility" and "timesharing" instead of custody. We build parenting plans focused on your child's best interests and advocate for your relationship with your child.
Support is calculated under Florida's guidelines based on both parents' incomes, the number of overnights, health insurance, and childcare. We make sure income is calculated accurately, including imputed and self-employment income.
When income or a child's needs change substantially, support can be modified. We pursue and defend modifications and help ensure the new amount reflects current circumstances.
Children grow, schedules change, and sometimes a parenting plan stops working. A modification requires a substantial and material change in circumstances and a showing that the change is in the child's best interests.
When parents are not married, a father generally has no court-ordered timesharing rights until paternity is legally established. We handle paternity actions for fathers and mothers, along with the parenting plan and support that follow.
A court order means little if the other party ignores it. We bring and defend motions for contempt and enforcement involving unpaid support, denied timesharing, and failures to follow a final judgment.
A parent who wants to move 50 miles or more from their principal residence for at least 60 consecutive days generally needs the other parent's written agreement or court approval. We represent parents seeking and opposing relocation.
Florida's 2023 alimony reform eliminated permanent alimony. Courts may now award bridge-the-gap, rehabilitative, or durational alimony based on need, ability to pay, and the length of the marriage. We advise both paying and receiving spouses.
Florida divides marital assets and debts through equitable distribution, starting from the premise of an equal split. We identify marital and non-marital property, trace assets, and address homes, businesses, and retirement accounts.
A well-drafted agreement protects both spouses and can prevent costly disputes later. We draft and review prenuptial and postnuptial agreements with full financial disclosure so they hold up when it matters.
Including domestic violence injunctions, temporary relief, post-judgment disputes, and family issues that intersect with immigration status.
Ask about your situation →Every case is different, but most follow the same general stages. We'll tell you where you are and what comes next at every step.
We learn your goals, review your finances and parenting concerns, and explain your options and likely costs.
The case is filed and served, or we respond to a petition filed against you, with requests for temporary relief if needed.
Florida requires both parties to exchange financial affidavits and documents. This stage shapes support and property outcomes.
Most Florida family cases must attempt mediation before trial. Many settle here when both sides are well prepared.
An agreement is approved by the court, or the judge decides the contested issues after a hearing or trial.
Honest answers to the questions we hear most often from Central Florida families.
No. Florida is a no-fault state. The court only needs to find that the marriage is irretrievably broken. At least one spouse must have lived in Florida for six months before filing. Conduct can still matter in limited ways, such as when marital money was wasted.
Florida law now starts from a rebuttable presumption that equal timesharing is in the child's best interests. A parent can overcome that presumption with evidence that a different schedule better serves the child. Courts weigh a long list of statutory factors, so preparation and evidence matter.
An uncontested divorce with complete paperwork can sometimes be finalized in a matter of weeks after filing. A contested divorce involving children, businesses, or significant assets can take many months or longer, depending on the court's calendar and how much the parties disagree.
You can ask the court to enforce the order and, if the failure to pay is willful, hold the other parent in contempt. Remedies can include income withholding, payment plans, and other sanctions. Keep a careful record of every missed payment.
If the move is 50 miles or more from your principal residence and lasts at least 60 consecutive days, you generally need the other parent's written agreement or court approval first. Moving without it can seriously hurt your case. Talk to a lawyer before you commit to the move.
It can, especially for conditional residents who received a two-year green card through marriage and for spouses whose status depends on a pending petition. Waivers and other options may be available. Because we also practice immigration law, we can advise on both sides of the issue.
Whether your case is amicable or contested, the decisions you make early shape the outcome. Let's talk about where you stand.
