Introducing
Welcome to the online home of Michael Kelly, Attorney at Law, serving the communities of Bradenton, Sarasota, and Arcadia, FL. With over two decades of experience, I've dedicated my career to providing compassionate and comprehensive legal representation in family law matters.
I earned my Doctor of Jurisprudence from Cumberland School of Law in Birmingham, AL, in May 1985. Prior to that, I completed my Bachelor of Science degree at the University of Alabama in 1971, followed by a Master of Arts in 1977.
Since June 2001, I've been proudly serving as the principal attorney at C. Michael Kelly, P.A. in Bradenton, FL. In October 2018, I achieved board certification as a specialist in Juvenile Law, a testament to my dedication and expertise in this field. My practice focuses on representing parents in dependency matters, advocating for children with special needs, and facilitating adoptions after the termination of parental rights.
Before establishing my own practice, I served as an Assistant State Attorney at the Office of the State Attorney in Clearwater, FL, specializing in actions for Termination of Parental Rights. Prior to that, I held the position of Senior Attorney at The Florida Department of Children and Families, where I handled all dependency matters from shelter to termination of parental rights in Polk and Manatee Counties.
In addition, I was an associate at Kelly and Knowles, P.A. in Geneva, AL, where I gained valuable experience as a small-town lawyer, handling a diverse range of legal matters. Lastly, I also served as an adjunct professor at the now State College of Florida, teaching martial law and criminal procedure.
I am honored to have received the Excellence in Advocacy Award for Children with Special Needs in 2016, recognizing my commitment to providing exceptional legal representation to vulnerable children in our community.
At Michael Kelly, Attorney at Law, my team and I are committed to providing personalized, results-driven legal services tailored to meet the unique needs of each client. Whether you're facing a complex family law issue or seeking guidance through the adoption process, I am here to help navigate you through every step of the legal journey with integrity, empathy, and unwavering dedication. Contact us today to schedule a consultation and take the first step towards a brighter future.
Virtual Consultations Available
cmichaelkellypa@gmail.com
(941)749-3185
339 6th Ave. West, Bradenton, Florida, 34205
DIVORCE GROUNDS IN FLORIDA
In Florida, the legal termination of marriage, commonly referred to as divorce, can be granted based on various grounds as outlined in the state statutes. Here, we detail the grounds recognized under Florida law:
1. No-Fault Grounds: • Irretrievable Breakdown: Florida operates as a no-fault divorce state, requiring neither spouse to prove fault for divorce. The primary reason for dissolution is often cited as an "irretrievable breakdown" of the marriage, where both parties agree that the marriage is irreparable.
2. Fault-Based Grounds (less common yet applicable): • Mental Incapacity: If one spouse is deemed mentally incapacitated for a minimum of three years prior to filing for divorce, and the incapacity is deemed uncurable, it can serve as grounds for dissolution.
• Adultery: Although less common due to Florida's no-fault system, adultery can still be cited as a reason for divorce if relevant to the case.
• Desertion: Willful desertion by one spouse for at least a year without justification can be grounds for dissolution.
• Cruelty or Abuse: Instances of physical or emotional abuse towards one spouse by the other can be cited as grounds for divorce in Florida.
• Felony Conviction: A spouse's conviction of a felony and a prison sentence of at least three years can be grounds for dissolution if the other spouse does not forgive or resume cohabitation after the conviction.
It is important to note that while these fault-based grounds exist, they are less commonly used in modern divorce proceedings due to the simplicity and efficiency of no-fault divorce. No-fault divorce typically involves less conflict and is often less emotionally taxing for both parties.
In conclusion, Florida offers both no-fault and fault-based grounds for the dissolution of marriage. However, most divorces in the state are granted based on the irretrievable breakdown of the marriage, eliminating the need to assign blame to either party.
C. Michael Kelly, P.A.