Category: Divorce and Family Law

Uncontested Divorce in Florida With Child

Name: Jacobs Law Firm, PLLC
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Posted by Law Firm Admin on December 24, 2019

An uncontested divorce in Florida with child is more complex than a standard uncontested divorce where the issues are primarily financial. When children are involved, the family law court requires your attorney to present additional documents for the court records. These may include a UCCJEA, an extended Notice of Social Security Numbers, a parenting plan and child support guidelines (described below). How is an uncontested divorce with children different in practice? Call us at 407-335-8113 for a consultation to discuss whether affordable amicable uncontested divorce is right for your family.

In addition to the standard pleadings when there is an uncontested divorce in Florida with child, your amicable divorce or simple divorce (there are several phrases that litigants use to describe this process) must include a parenting plan, a child support guidelines worksheet, a UCCJEA, and a more extensive notice of Social Security Numbers. The Florida parenting plan must meet certain minimum requirements, or the court may require you to amend the plan to comply with its rules and regulations (statutorily speaking). Your uncontested divorce attorney in Orlando will work closely with you to ensure the parenting plan not only meets the court’s requirements, but also ensures it aligns with your schedule so it will be in your and your children’s best interests.

Uncontested Divorce in Florida With Child and Child Support

If your amicable divorce includes children, the court requires a child support guidelines worksheet to be drafted. The Jacobs Law Firm uses a family law software that calculates child support and is used by many Florida courts. The child support calculations include health insurance, daycare expenses, the parties’ gross incomes, and deviations for which party is claiming the child tax credit for the year. With an uncontested divorce in Florida with child many litigants choose to pay child support directly with the option of registering with the State Disbursement Unit should the payor fail to make timely child support payments.

The Notice of Social Security Numbers is generally filed in all cases, and is particularly important if the parties in an uncontested divorce in Florida with child are in need of Title IV-D financial assistance due to poverty, disability, or otherwise. It may appear to be a formality, but when there are children involved, the court requires this document to be filed. Sometimes a parent will know every detail about their child, but not the Social Security Number. This can be obtained from the other party or by visiting the Vital Statistic office to obtain a new Social Security Card for future use.

Ultimately, an uncontested divorce in Florida with child is a process that generally is affordable and can help prevent lasting damage to family relationships. As an uncontested divorce attorney in Lake County FL and in Orlando, it is important to help divorce clients resolve their marital issues amicably. When you need us, call Jacobs Law Firm uncontested divorce attorney at 407-335-8113. We are here to help you negotiate and litigate.

Uncontested Divorce Attorney Lake County FL

Posted by Law Firm Admin on December 22, 2019

Uncontested divorce attorney Lake County FL Jonathan Jacobs provides affordable divorce services for clients in Orlando, Clermont, Tavares, Leesburg, Mount Dora, Eustis, Groveland, and all of Central Florida. The Jacobs Law Firm has helped many spouses resolve all of their financial and child custody issues without the need for lasting legal battles. The name of the game is saving money and avoiding serious disagreements that could have a lasting impact on your family’s finances and your ability to co-parent after divorce. Call Attorney Jonathan Jacobs today for the affordable uncontested divorce Lake County FL help you need at (407) 335-8113 or e-mail us at Admin@JJLawFl.com.

An Uncontested divorce attorney Lake County FL will begin by asking questions about your “assets and liabilities.” This is an important question even in a case where all issues are agreed on. After all, an uncontested divorce Lake County FL may begin with the assumption that litigation is necessary over the possessions you own, which is why a skilled family law attorney may provide reasonable solutions to help avoid further conflict. It is important to take inventory of the marital assets and liabilities and to plan for any award of alimony in a careful manner.

Lake County Uncontested Divorce Lawyer Explains Marital Assets and Liabilities

For example, the divorce court generally requires that all of your marital assets and liabilities be equitably distributed/divided. Your uncontested divorce attorney Lake County FL will need to draft a marital settlement agreement specifying which spouse is keeping or dividing specific marital and non-marital property. The marital settlement agreement must provide for the manner in which both parties are sharing or keeping their debts separate and sharing or dividing their assets.

Among the most common marital assets in an uncontested divorce are cars, houses/condos/townhomes, boats, 401Ks, retirement plans, life insurance policies, and more. Some of the most frequently listed liabilities are credit card debts, student loan debts, IRS tax debts, and mortgage debts. Florida family law courts require the parties fill out financial affidavits accompanying their marital settlement agreement. Your Lake County Uncontested Divorce Lawyer will review your financial affidavit (short form or long form) for accuracy and to ensure all the required columns and categories have been addressed. The financial affidavit is in part intended to identify for the court your assets and liabilities, and lay the groundwork for how they may be equitably distributed (meaning how the parties will fairly split their marital property, etc.)

Affordable Uncontested Divorce Attorney Lake County FL

When you are deciding whether to hire a divorce attorney to litigate your uncontested divorce Lake County FL, consider there may be a better way than to engage in a lengthy legal battle over your marital property. Call the Jacobs Law Firm to speak with Lake County Uncontested Divorce Lawyer Jonathan Jacobs at (407) 335-8113. You may save time and money that your family can use for far better things than l itigation. Ask a best divorce attorney Lake County Florida how we can help you.

Marital Settlement Agreement Florida

Posted by Law Firm Admin on December 6, 2019

A marital settlement agreement Florida is required in most divorce/dissolution of marriage cases in Orlando, Tavares, Sanford, Kissimmee, Brooksville, and throughout Florida family law courts. Call the Jacobs Law Firm, Divorce Attorney in Orlando and Divorce Attorney in Clermont for more information. Judges may not necessarily require a settlement agreement if the divorce is a simplified dissolution of marriage (all issues are agreed on and there is no alimony or other substantial assets being divided). When there are assets and liabilities to be divided in equitable distribution, a marital settlement agreement is a vital component of a Florida divorce. Call now to speak with a divorce attorney at (407) 335-8113.

What is a Marital Settlement Agreement in Florida?

In essence, a marital settlement agreement in Florida is designed to equitably (fairly and judiciously) divide a married couple’s assets and liabilities (credit card debt, student loan debt, mortgage debt, etc.). The marital settlement agreement must be notarized by both spouses and submitted into the court file by your attorney. A marital settlement agreement in Orlando, Tavares, Sanford or Kissimmee, will be incorporated by reference into the final judgment. The agreement involving the equitable distribution of marital property becomes a binding contract once ratified by the family law divorce court. The agreement should provide as much specificity and clarity as possible to ensure its enforceability if contested.

A marital settlement agreement Florida will specify which spouse receives alimony, real property (house, condo, apartment), any cars and/or boats, how bank accounts will be divided, and any other marital assets that are deemed to be marital property. There is a presumption by law that all property accrued during the marriage is marital property unless rebutted or as otherwise agreed upon by the parties themselves. A settlement agreement may also incorporate how the parties intend to claim the child tax credit, and any daycare tax credits that may be temporarily available.

The less glamorous aspect of a marital settlement agreement in Florida is the liabilities portion. Any agreement should provide for how the parties will divide their credit card, student loan, car loan, and/or other debts. If amicable, litigants often choose to accept responsibility for their own debts accrued during the marriage, unless they are unable to afford repayment in which case certain compromises may be brokered. If the case goes to trial, the court will ultimately divide liabilities in an equitable manner based on a number of factors, considerations, and the strength of the evidence presented. Unequal distribution of marital assets may be plead for, and can be a fact specific inquiry.

Financial Affidavits and Marital Settlement Agreements

A marital settlement agreement Florida is made in conjunction with the parties’ financial affidavits. The assets and liabilities described in the financial affidavits should be accounted for via equitable distribution in the settlement agreement. Call for a family law consultation to speak with a family law attorney about drafting your marital settlement, or litigating your divorce case. Uncontested divorce lawyer Jonathan Jacobs is prepared to work with you. Call now to speak with a divorce attorney at (407) 335-8113.

Are Student Loans Marital Debt in Florida?

Posted by Law Firm Admin on November 2, 2019

We begin our inquiry into whether student loans are marital debt in Florida with a hallmark decision issued by the Fifth District Court of Appeal. In Adams v. Cook, a divorce/dissolution of marriage case, the Fifth District Court of Appeals overturned the trial court’s ruling when it decided that the former wife‘s student loans were in fact a marital debt subject to equitable distribution. 969 So. 2d 1185 (Fla. 5th DCA 2007). The facts teased out during the trial clearly allowed the higher Court to overrule the trial court’s rather inept decision. Factually, the former wife started law school during marriage, during which portions of student loans that exceeded her tuition were deposited into parties’ joint bank accounts. The parties used former wife’s extra loan money deposited into their joint accounts for living expenses. Id. at 1186–87. Are student loans marital debt in Florida? Florida Statute 61.075(1) does not distinguish between student loans and other liabilities as a standalone non-marital debt. There is no such distinction allocated to student loan debts. Call the Jacobs Law Firm at 407-310-5636.

Do the Courts Think Student Loans Are Marital Debts in Florida?

Illustrating this point, in Adams v. Cook the trial court mistakenly reasoned that Wife’s law degree was solely for her benefit and, thus, the debt incurred in obtaining it was solely hers. The Appeals Court corrected the trial court by stating “whether one party obtained the benefit of the marital debt does not determine the equitable distribution of the debt under section 61.075(1).” The Second District Court of Appeals then began grappling with this issue to focus on answering our question, are student loans marital debt in Florida. In Rogers v. Rogers, the Court started with the general proposition that student loan debt incurred during a marriage is a marital liability that must be equitably divided absent evidence to the contrary. 12 So. 3d 288 (Fla. 2d DCA 2009), West’s F.S.A. § 61.075(5)(a)(1).

The Second District Court of Appeals then rendered a definitive decision in Gudur v. Gudur, a landmark 2019 case answering the question “are student loans marital debt in Florida?” the Court pontificated that the “fact that one party in a dissolution of marriage proceeding will not receive any benefit from the other party’s education because of the dissolution is NOT a factor to be considered when allocating a marital debt for student loans.” 277 So. 3d 687 (Fla. 2d DCA 2019). Furthermore, the Court decided “whether a party would receive a benefit from the other party’s education was NOT a factor to be considered in allocating marital debt for student loans…” Id.

Are Student Loans Marital Debt in Florida? Ultimately, student loans debts are subject to equitable distribution unless unequal distribution of marital assets is warranted. Just because one party might benefit more than the other litigant does not mean that student loan debts are somehow exempt from equitable distribution.

If you are searching for a Winter Park divorce attorney and a small claims contract attorney, call the Jacobs Law Firm.

Winter Park Divorce Attorney

Posted by Law Firm Admin on November 1, 2019

Divorce can be full of turmoil and trauma. The fact is that when you need a Winter Park Divorce Attorney, it is likely because you are in a legal fight over finances. It is common that people say they want to protect their assets in a divorce. It is equally as probable the other side is seeking the maximum possible financial award given their marital sacrifices and financial needs beyond the marriage. There is great value in hiring a Winter Park Divorce Lawyer when your financial future is under litigation. Call the Jacobs Law Firm today at 407-335-8113.

A primary benefit of retaining a Winter Park Divorce Attorney is they are experienced legal drafters. Your attorney will prepare your pleadings and your motions in such a manner as to encompass the critical factual allegations that frame and outline your unique case. Your Winter Park Divorce Lawyer will ensure your case involves the necessary assets and liabilities and therefore tells the court the financial and parental issues that should be focused on. Call now to speak with a family law and divorce attorney at (407) 335-8113.

Winter Park Divorce Lawyer : How We Can Help You Win

Your family law attorney will also assist clients in assembling their mandatory financial disclosures, and in turn, help verify the accuracy of their financial affidavit to protect clients from impeachment at deposition, hearings or trial. Your Winter Park Divorce Attorney will perform discovery to ensure the other side has provided their full financial portfolio and not hidden any assets or liabilities that should be equitably distributed. If clients do not have as much information as they are entitled to by law, a divorce will likely overlook important financial aspects that could negatively impact their case.

Retaining a Winter Park Divorce Lawyer will show the other litigant that you are well-represented and are approaching your divorce carefully. Often, pro se or self-represented litigants, will not know what is reasonable based on the facts and circumstances of their case. This could lead a party to an agreement on a settlement that is far too low to be reasonable, or a settlement agreement that offers a great deal more to the other party than is reasonable.

Finances in a contested divorce are not just about a spouse’s financial well-being, they are also about their children’s future comfort and stability. Your Winter Park Divorce Attorney will know how to advise you regarding alimony and child support calculations. Negotiating a settlement often comes from a position of strength and knowledge. When you need to hire us, the Jacobs Law Firm is ready to help you achieve a successful resolution to your divorce case. Call now to speak with a family law and divorce attorney at (407) 335-8113.

What Are Standard Family Law Interrogatories Florida?

Posted by Law Firm Admin on October 29, 2019

Do you need information that your spouse is not providing you despite the mandatory rules of the court? Are they not complying with mandatory disclosure? Do you need truthful answers and all they give you is limited information? Have no fear, for the Standard Family Law Interrogatories Florida are here. What are Standard Family Law Interrogatories Florida? Standard Family Law Interrogatories for Original or Enforcement Proceedings are questions that you may ask about your partner or spouse’s finances and behavior. The family law courts empower litigants by giving them the opportunity to pose relevant questions to the other side. Call now to speak with a divorce attorney at (407) 335-8113.

What are Standard Family Law Interrogatories Florida used for in paternity or divorce litigation? These interrogatories are used to help you obtain the information needed in order to determine alimony, child support, and the best way to enact the equitable distribution of marital property. The sorts of questions that you will see on the Standard Family Law Interrogatories for Original or Enforcement Proceedings are about the other party’s addresses, education, finances, earning capacity, licensing, insurance, careers, and more. You may also utilize this opportunity to request the production of a Long Form Financial Affidavit.

Standard Family Law Interrogatories For Original Or Enforcement Proceedings

Curiously, one potentially critical piece of information that Standard Family Law Interrogatories Florida ask for is the location and content of any safety deposit boxes the other side may possess/rent. For example, if you have a family ring or an engagement ring or some financial document that is worth a large sum and the other party possesses it, if they answer the interrogatories honestly, they must disclose the location of the ring and it will likely be made a part of equitable distribution. The Standard Family Law Interrogatories for Original or Enforcement Proceedings also inquire whether the other party has canceled any insurance policies that may have benefited you or your kids.

When sending the standard interrogatories, you may exercise the option of asking ten additional interrogatory questions. You may utilize this opportunity to ask questions about the other side’s criminal records, financial records not otherwise accounted for in the standard interrogatories, or any other subject/topic that may be relevant to your case. The more information you are able to gather about the issues being litigated, the more information your attorney will have to enable him/her to bring the case to trial with a broad perspective and sufficient evidence to prove the merits of what you are requesting from the court.

Attorney Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont that practices same sex divorce and small claims civil litigation up to $15,000.00 in controversy. Call us when you need us the most. Call the Jacobs Law Firm when you need us the most at (407) 335-8113.

Exclusive Use And Possession Of The Marital Home

Posted by Law Firm Admin on October 25, 2019

Are you getting a divorce and the most significant issue in the case is the exclusive use and possession of the marital home? This is a major issue for spouses and parents that have always lived in the marital home with their children, and a massive issue when the primary timesharing parent lives in the marital residence and cannot afford to move to another place. If you need help fighting for or defending against a claim for exclusive use and possession of the marital home call the Jacobs Law Firm, divorce attorney Clermont Florida, divorce attorney Orlando. We can help you file the appropriate motion and resolve your issue.

We begin our analysis of exclusive use and possession of the marital home with the bedrock principle of equitable distribution as provided by Florida Statute 61.075(1), which states: “Distribution of marital assets and liabilities, including the marital residence, begins with the premise of equal distribution unless there is justification for unequal distribution under statutory factors.” Martin v. Martin, 959 So. 2d 803 (Fla. 1st DCA 2007). Of course, there is such a thing as unequal distribution of marital property, but our focus here is the marital home you may have purchased prior to the marriage. This goes to whether the party that wants to stay in the marital residence can afford to pay the bills enabling them to live there during the pendency of the divorce and/or after equitable distribution has occurred.

Minor Children and Exclusive Use And Possession Of The Marital Home

Case law and statutory law suggest that the general manner in which this issue is decided is that a family law trial court “should award the primary residential parent exclusive use and possession of the marital residence until the youngest child reaches majority or is emancipated, or the primary residential parent remarries, unless there are special circumstances; special circumstances exist where the parties’ incomes are inadequate to meet their debts, obligations, and normal living expenses, as well as the expenses of maintaining the marital residence. Coristine v. Coristine, 53 So. 3d 1204 (Fla. 5th DCA 2011).

In basic terms, this means that child custody/timesharing looms even larger as an issue in divorce and family law cases. Also in the Coristine case (which is binding in the Fifth DCA), the higher court ruled the trial court made the right decision when it ordered the sale and partition of marital home, rather than awarding exclusive use and possession of home to wife until youngest of the parties’ three children reached age of majority…[because the] parties did not have financial capability to pay mortgage, taxes, and other costs related to ownership of marital residence.” Id. at 1204. This makes sense from an objective perspective.

If neither party can afford to pay for insurance, property taxes, and the mortgage, why would the court sanction one party staying there to the financial detriment of everyone? The other perspective is also convincing. Why would the court allow parents and children to be judicially compelled to leave their home where they have always lived and where the school district is located? These are complicated family legal issues.

Domestic Violence Exclusive Use and Possession of the Marital Home

There is one additional circumstance that may add texture to the argument over which party will obtain use of the marital home temporarily or permanently. If there has been a domestic violence injunction, the court may order one parent or one spouse to have exclusive use and possession of the marital residence. This issue is often further litigated and contested if an action for dissolution of marriage is concurrently or subsequently filed.

Unlawful Detainer Attorney Osceola County Unlawful Detainer Attorney Seminole County

Posted by Law Firm Admin on October 18, 2019

Do you have someone living on your property rent free and you want them to leave? Have you asked them to leave and they just won’t budge? Are they living on your property without a lease agreement or rental documents? If they cannot prove they pay rent or any other expenses and have no permission to live there, you may need to file an unlawful detainer lawsuit. Jonathan Jacobs, Esq., is an unlawful detainer attorney Osceola County and unlawful detainer attorney Seminole County who fights to recover your property. Call the Jacobs Law Firm today 407-335-8113 for the help you need in taking back what is lawfully yours. Call from anywhere in Kissimmee, St. Cloud, Sanford, Altamonte, Lake Mary, Oviedo, Casselberry, Longwood, Celebration and more.

An unlawful detainer attorney Osceola County or an unlawful detainer attorney Seminole County can explain the process to you in clear terms. Did you know there is a different Florida Statutory Chapter that applies to homeowners “evicting” tenants that do not have a rental agreement? This is called unlawful detainer. There are specific things a homeowner/plaintiff needs to allege to have an unwanted “guest” removed from their home. Essentially, Person A is the Landowner of personal representative of an estate. Person A has asked Person B (non-tenant squatter) to leave. Person B has refused to leave. Person B has no rental agreement with Person A and Person B does not pay rent. Person A wants to evict Person B. However, eviction is likely not the proper remedy in this situation. An unlawful detainer lawsuit is likely the best remedy. Consult with an unlawful detainer attorney before filing your lawsuit to make sure this cause of action is proper in your unique case.

Unlawful Detainer and Personal Representatives of an Estate

Unlawful detainer is not just useful for homeowners, it is also a lawsuit many estates bring with their personal representative against a squatting family member that has no right to possess the property. Dad passes away leaving his oldest son as the Personal Representative of the Estate. Dad has 2 children, but the second child is suffering from addiction and is damaging the property. The Personal Representative has the power to manage the property/house. Son 2 does not pay rent and has no property interest. An unlawful detainer action may be the proper remedy. Call an unlawful detainer attorney Osceola County or an unlawful detainer attorney Seminole County to learn about your rights.

Unlawful Detainer Attorney Osceola County | Unlawful Detainer Attorney Seminole County

The Jacobs Law Firm, unlawful detainer attorney Osceola County or an unlawful detainer attorney Seminole County, is experienced in handling unlawful detainer cases in Central Florida. Seminole and Osceola County each have separate county procedures that an experienced unlawful detainer attorney will be able to navigate on your behalf. Need help in Marion County with your lawsuit? Anywhere in Central Florida, call us today at 407-335-8113.

Small Claims Lawyer Seminole County

Posted by Law Firm Admin on October 10, 2019

We are not accepting new civil litigation claims at this time. Please do not contact us with any small claims or other civil claims issues. This article is for reference only. You made a contract with someone so they would buy your car, motorcycle, boat or something similar. You performed your end of the bargain by delivering the equipment, but magically the other party has disappeared and/or refuses to pay you anything. You find yourself out of the money you rightfully deserve. Perhaps somebody passed you a bad check. This is when you should hire a small claims lawyer Seminole County or a small claims lawyer Lake County Florida. Get your money back through a demand letter and/or by litigating. Do not let the other party take what is yours without a fight. Speak with a small claims attorney. This article is for reference only. We are not accepting new civil litigation claims at this time. The majority of our law practice focuses on uncontested divorces in Seminole County Florida.

Small Claims Lawyer Lake County Florida

Appearing without a small claims lawyer Seminole County or a small claims lawyer Lake County Florida can mean being at the mercy of the other side, without the knowledge of how to best proceed with litigating your case and pursuing or defending against claims for monetary damages. A small claims attorney can make sure that you are treated fairly at hearings, during mediation, or trial. It isn’t fair to you to be called a liar, when that isn’t the matter at hand, the matter at hand is whether or not you are owed that thousands of dollars (the small claims jurisdictional limit used to be $5,000 and has increased to $8,000 as if 2020, as well as attorney’s fees and court costs.

If you choose not to retain a small claims lawyer Seminole County or a small claims lawyer Lake County Florida, the litigation process involving your money can be substantially more difficult and a monetary recovery might be far less than you had anticipated. Not having a skilled litigator present for court proceedings can allow for disagreements between the parties that can be quite disparaging.

Small Claims Attorney Litigation

Recently, the Jacobs Law Firm litigated a small claims case at trial in which the Firm proved victorious and earned a judgment for our client. The opposing party represented herself. The other party repeatedly voiced comments that were irrelevant causing us to make several key objections to prevent irrelevant information from coming into the court record.

If you believe that you have been financially wronged by a person or company that has deprived you of money or property, of if you are being sued by someone for monetary damages, it may be time for you to call the Jacobs Law Firm, small claims lawyer Seminole County, small claims lawyer Lake County Florida, for a consultation to determine your legal rights and responsibilities. We take all litigation seriously and treat every case as though it is our primary case.

Remarriage and Child Support in Florida

Posted by Law Firm Admin on September 29, 2019

Attorneys know the answer to your questions about remarriage and child support in Florida but clients often have serious doubts about their rights and obligations. The way Florida divorce and paternity courts calculate child support when you get remarried is not common knowledge. One reason this area of marital law is so obscure is the laws tend to be different in every state. A family law litigant that remarries may feel deep concern when their marital income goes up. Does this mean that child support and remarriage in Florida will put a difficult burden on you financially? Call the Jacobs Law Firm, at 407-335-8113, Divorce attorney in Orlando and Divorce attorney in Clermont for the help you need in calculating your financial obligations.

Child Support and Remarriage in Florida

Will remarriage make your child support obligation automatically increase? Should you consider waiting to get remarried to avoid an increase in your child support obligation? These are legitimate and frequently asked questions when clients visit their divorce attorney in Orlando or divorce attorney in Clermont FL. You should ask these questions because your financial future could be impacted.

If a payor (person that pays child support) remarries, the court does not add the incomes of both parties together for purposes of child support calculations. In some cases involving remarriage and child support in Florida, if the payor remarries and claims additional child tax credits as a result, or if the payor files his/her taxes jointly and earns additional tax breaks, this could impact his/her own income for child support calculations. Daycare expenses may continue to be a factor until the minor child(ren) are eligible to enter elementary school.

Alternatively with child support and remarriage in Florida, if the payee (recipient of child support) remarries and as a result has a lot more disposable income, this may be a factor the judge, magistrate, or hearing officer will factor in to child support calculations. The fact is that child support trials occur often and both sides seek to prove their case using every piece of evidence at their disposal.

Should You Consider Remarriage and Child Support in Florida Before Tying the Knot?

Because there is no absolute right on the part of the payee to receive an increase in their child support because their ex gets remarried, and because there is no absolute guarantee a payor will have his/her child support obligation increase as a consequence of remarriage and child support in our state, the question answers itself. Florida divorce courts do not have one absolute answer to your questions about remarriage and child support in Florida until you seek to litigate your case and obtain a judgment. Attorney Jonathan Jacobs helps clients throughout central Florida when they need to litigate.