Divorce

Our comprehensive divorce practice includes handling uncontested divorces, military divorces, collaborative divorces, and divorces between same-sex couples. We have experience in the unique or challenging issues presented by high net worth couples and high asset cases, and we are fully prepared to answer all questions or deal with all matters in your divorce, from issues of parental responsibility to questions of attorney’s fees and costs.

Post-Judgment and Appeals

A divorce judgment is meant to be final, but the trial judge’s decision is not always the last word, and a change in circumstances in the future may justify going back to court to modify court orders. Gino A. Megna is an experienced appellate lawyer who can handle an appeal of a divorce judgment or address other matters post-divorce such as modifications of final judgments, child relocation, or contempt and enforcement of Florida domestic relations court orders.

Successfully handling an appeal requires a different set of skills apart from what it takes to succeed at trial. Attorney Gino A. Megna uses his skills and experience in both trial and appellate law to identify appealable errors made at trial, prepare compelling petitions and briefs, and argue on his client’s behalf in the 2nd District Court of Appeal.

Orders regarding custody, support and other matters are court orders that cannot be changed without first going back to court and convincing the judge that a modification is justified. As an experienced litigator, Gino A. Megna advocates for his clients who are seeking or opposing a post-judgment modification. Gino A. Megna likewise represents clients in contempt or other enforcement proceedings when one party is alleged to be out of compliance with orders of the court.

Prenuptial Agreements

The popularity of prenuptial agreements is on the rise as more and more couples realize the advantages of going into a marriage with full disclosure of each partner’s assets and debts, and getting on the same page about how issues such as the division of property or the payment of support should be handled in a divorce. Unfortunately, not all premarital agreements are drafted as carefully as they should be. In the event of a divorce years later, parties may disagree over how the agreement is meant to be interpreted.

When parties argue over the meaning of the terms or whether the agreement itself is valid and enforceable, litigation is often required to resolve the dispute. Gino A. Megna represents parties in litigation who are seeking to enforce a prenuptial agreement, challenging the enforcement of the agreement, or arguing over how the prenup should be interpreted.

Paternity

If parents were unmarried when a child was born, the child might not have a legal father in the eyes of Florida law. Whether parties are divorcing or were never married, paternity must be established to enforce the legal rights of a father to custody and visitation (parenting and time-sharing) and to enforce the legal rights of a child to child support. Sometimes, the law does recognize a legal father even when that person is not the child’s biological father. Here again, litigation would be required to establish or challenge parentage and parental rights and responsibilities. As an experienced courtroom litigator, Gino A. Megna capably represents parties seeking or challenging paternity determinations in Pinellas County and Hillsborough County courts.

Domestic Violence

Spousal abuse, child abuse or other incidents of domestic violence sometimes lead a spouse to file for divorce. At other times, domestic violence may rear its ugly head for the very first time after a party files for divorce and the situation gets heated. In any event, it is vital to keep yourself and your children safe during a divorce and thereafter. Florida law offers protection in the form of an injunction for protection, also known as a restraining order or protective order. These injunctions can force an abuser out of the house and prohibit them from having any contact with you. Injunctions for protection can also make custody and support orders, decide who lives in the home, and other matters. A person who violates a protective order can be arrested and jailed.

McGuire Law Offices, P.A., can help you obtain a temporary injunction for protection and also represent you at a courtroom hearing on a final order. We also represent people who have been unjustly targeted for an injunction to defend themselves and challenge the imposition of a permanent or final injunction.

TYPES OF DIVORCE

There are almost as many types of divorce as there are types of relationships. From uncontested to collaborative to contested, there are varying levels of legal support and involvement required to effectively sever the relationship.

Uncontested Divorce

An uncontested divorce only occurs when both parties are in agreement regarding all aspects of the split, including support, distribution of assets, and time-sharing. If you are being presented with the opportunity for an uncontested divorce, it is in your best interests to meet with an attorney who can review the agreement and ensure you are protected during the proceedings. Gino A. Megna will support you throughout the entire process or can step in to assist at any time you are having trouble, either with paperwork or negotiation.

Collaborative Divorce

Collaborative divorce is becoming more and more popular. Each spouse is represented by a different attorney, however much of the discussion is handled in the negotiation room rather than the courtroom. Each party is required to work together honestly, respectfully, and in good faith to find working solutions. With a collaborative divorce, if either party chooses to litigate, or if a final agreement is unable to be reached, both attorneys must resign from the case. This is to ensure that the attorneys don’t stand in the way of finding amicable results in order to profit from going to trial.

Contested Divorce

Sometimes, relationships have reached a point where collaboration is no longer an option. Either communication has completely broken down or the parties simply can’t agree on a fair solution. Their case is then taken before a judge who will have the final decision regarding all aspects of the divorce. During a contested divorce is when a skilled divorce attorney can provide the most support. Gino A. Megna and McGuire Law Offices, P.A., works to reduce your stress by providing their extensive legal expertise to work for you.

Military Divorce

The divorce of active and retired members of the military have a number of issues not found in standard divorce proceedings. There are federal guidelines regarding asset division, specifically regarding military pensions. The “Ten Year Rule” is also frequently misunderstood, with spouses having an inaccurate understanding of what they can expect from their military divorce. Gino A. Megna is prepared to handle this type of divorce effectively and efficiently, with a firm understanding of the specific laws and how they impact you and your case.

Many law firms assign more than one attorney to a case which can be impersonal and ineffective. Clearwater Family & Divorce Lawyer Gino A. Megna guarantees that he will personally handle your case and work directly with you from the date that we are retained, throughout strategizing, negotiations and trial until the case is completed and all issues have been resolved.

Mr. Megna understands that no two cases are alike, that’s why he will take the time to methodically review the specific details of your case in order to develop a customized strategy that fits your needs. Mr. Megna will carefully listen to your thoughts and concerns and will provide straightforward, precise and honest legal advice.

Gino A. Megna and McGuire Law Offices, P.A., is dedicated to providing you with outstanding legal support. Whether you are considering divorce or responding to a divorce summons, our Clearwater family law firm protects your rights and delivers the best possible results for you and your family.