Category: Divorce and Family Law

Do Both Parents need to consent for Therapy in FL

Do Both Parents Need to Consent for Therapy in FL

Do both parents need to consent for therapy in FL during or after a divorce or paternity case? People often ask us, “can my ex take my child to a therapist without my consent in Florida?” Generally, it is proper to look to a statute or case law for answers. Florida Statute 61.13(2)(b)(3)(a) provides that, “If the court orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child.” This is not the end of the story however. While either parent may consent to mental health treatment for their child, this does not give either parent a cart blanche to decide on which therapist, when, where, and on their own terms. Call Jacobs Law Firm, divorce attorney Orlando, divorce attorney Clermont, when you need answers to how your parenting plan works and to learn about mental health counseling divorce Florida. We will review your parenting plan with you and do so thoroughly to help you understand your rights and responsibilities. Call 407-335-8113.

Both parents should be allowed to participate in the process of consenting to mental health therapy, and both parents should be fully informed of the results of therapy to allow them to engage in shared parenting to promote the best interests of their child. This new change to the mental health parental consent law (Florida Statute 61.13(2)(b)3.a. does not give either parent a right to engage on sole parental responsibility decision-making. It is intended to benefit children going through stress during a divorce, not to advantage a parent acting unilaterally against the spirit of a parenting plan.

can my ex take my child to a therapist without my consent in Florida

Let’s ask again, do both parents need to consent for therapy in FL? Can my ex take my child to a therapist without my consent in Florida? Now we look to case law for guidance. A recent First District Court of Appeals decision, Webking v. Webking, tested Florida Statute 61.13(2)(b)3.a. Webking v. Webking (Fla. 1st DCA June 17, 2022). The Webking Court reaffirmed that the Statute on mental health counseling divorce Florida requires that the court, if it orders shared parental responsibility over health care decisions in a parenting plan, provide in the parenting plan “that either parent may consent to mental health treatment for the child.” The Court reasoned that the modified parental consent law “recognizes the importance of mental health treatment for children whose parents are involved in a family law dispute.” While the Webking Court did not outright state how the law should be applied, or test it on various real life dilemmatic situations, by recognizing and promulgating its importance for the benefit of children in the crossfire of a divorce, it made perhaps an even bigger statement.

mental health counseling divorce Florida

When you need to speak with a divorce and family lawyer experienced in drafting, interpreting and enforcing a parenting plan and mental health counseling divorce Florida, call Jacobs Law Firm at 407-335-8113. Collaborative divorce involves mental health counseling as well.

tampa uncontested divorce attorney

Tampa Uncontested Divorce Attorney

Tampa uncontested divorce attorney Jonathan Jacobs wants to use his legal knowledge and experience to help resolve your and your spouse’s differences. An uncontested divorce attorney in Tampa must have the ability to come up with creative and common-sense solutions to your financial and parental issues. Often times, spouses are able to resolve some of their differences and have agreed to end their marriage amicably. Problems arise when one or both spouses do not understand the divorce process and just how difficult it can be to agree on every issue. This is where there is great value in hiring Jacobs Law Firm to be your Hillsborough County uncontested divorce attorney. We can do more than draft and file your documents and finalize your case with the family court. We can guide you the whole way and ensure all of your arrangements are done advantageously, reasonably, and with attention to detail. Call 407-335-8113 today and speak with Attorney Jonathan Jacobs. We love to work with clients that pursue uncontested divorces because it can very well stabilize family relations and help people enter their post-marital lives without the harshness and financial challenges a traditional divorce may bring. We also practice collaborative divorce.

Uncontested Divorce Attorney Tampa

Tampa uncontested divorce Attorney Jacobs is a huge sports fan and loves Tampa Bay teams. Tampa is a thriving city. Whether it is the Tampa Bay Lightning, Tampa Bay Buccaneers, Ybor City, the beaches, the stellar night life, or the ever-growing economy, there is always an exciting activity to be enjoyed. As with anything else, it is difficult to maintain a family between work, leisure, and the pressures of city life. This is all the more reason to avoid the traditional divorce route. A Hillsborough County uncontested divorce attorney can help you plan for your post-marital life in a way that can save on attorney fees, and ideally, allow both sides to achieve their goals and compromise where appropriate and in a way that makes sense.

Hillsborough County Uncontested Divorce Attorney

As an uncontested divorce attorney Tampa, we know how labyrinthine the court system can appear. Even walking through the court can seem like a maze! With the aftermath of Covid, it is sometimes allowed for litigants that hire a Tampa uncontested divorce attorney to appear by Zoom, WebEx or Teams to finalize their divorce. Technology has been integrated into the Hillsborough County Courts in a major way that can make your uncontested divorce in Hillsborough County far more streamlined and less arduous. Ultimately, when you need help and want to hire an experienced and compassionate uncontested divorce attorney in Tampa, call us at 407-335-8113. We want to help you.

motion for temporary relief florida

Motion for Temporary Relief Florida

What is a motion for temporary relief Florida? This can be a motion for temporary timesharing in Florida also known as a motion for temporary child custody relief, a motion for temporary alimony, a motion for child support relief, a motion for attorney’s fees, or even a combination of all four if appropriate. A motion for temporary timesharing asks the family court to award you overnight timesharing with your minor children. A motion for temporary alimony argues that you have limited funds and need financial assistance during the divorce proceedings. A motion for child support relief in Florida requests retroactive child support, current child support, and future child support. A motion for attorney’s fees requests the court order your spouse or former partner to send you enough money to pay for reasonable and competent legal counsel. When you need answers and choose to hire an experienced and compassionate divorce attorney and paternity lawyer, call Jacobs Law Firm at 407-335-8113.

Motion For Temporary Timesharing in Florida

A motion for temporary timesharing in Florida is a valuable tool in a divorce and paternity lawyer’s toolkit. Let’s consider three hypothetical situations where a motion for temporary relief may be important to your case. 1. You have been denied overnight timesharing with your children and the denial is based on the other party’s unreasonable behavior. You have not seen your children in weeks, months, or years and you are being rejected. 2. You are worried that your kids are being mistreated or are otherwise in danger at the other parent’s residence and you have not been allowed to communicate with them. 3. You are concerned that your children are going to be unwilling to see you because the other party is blocking your time with them and is alienating them from you. A motion for temporary custody relief asks the judge to award you overnight timesharing with your children and to enter an enforceable court order ensuring your rights. Once a timesharing schedule is made, child support arrearages will likely stop accruing or be reduced to a reasonable amount.

Motion For Temporary Timesharing in Florida

A Motion for Child Support Relief

A motion for child support relief in Florida is generally filed by the spouse or parent who wants to receive child support during a divorce of paternity case. The factual basis of this motion for temporary relief is that one parent is in a lesser financial position than the non-paying parent. The minor child needs to be supported and either no support is being paid, or the amount is too small compared to what the guidelines suggest.

A Motion for Temporary Alimony

A motion for temporary alimony is generally part of a motion packaged with requests for attorney fees, and other costs to be assessed to your former spouse. One spouse must be able to pay and the other must demonstrate a need for spousal support on a temporary basis. Attorney fees are not awarded as often as litigants believe is warranted, but there are many circumstances where the court may award the party in need of fees to sustain an action.

When you are in a divorce or paternity battle and litigation seems to be the best option, call Jacobs Law Firm at 407-335-8113. We will help guide you and pursue your rights to win. A motion for temporary relief Florida has many potential aspects. It can be a motion for temporary timesharing in Florida, a motion for temporary child custody relief, a motion for temporary alimony, a motion for child support relief, a motion for attorney’s fees, or otherwise.

Florida unequal distribution of marital assets

Florida Unequal Distribution of Marital Assets

What does unequal distribution of assets mean in Florida divorce? Florida unequal distribution of marital assets may occur when one or both spouses ask the family circuit judge to divide marital assets and liabilities (marital property) unequally, or more or less than equally (50/50). The starting point for answering Florida Equitable Distribution Statute 61.075 confirms that Florida is an equitable distribution state. Being an equitable distribution state means that Florida courts start with a presumption that marital property shall be divided equally. However, a court/judge may rule against equal distribution and instead find in favor of the unequal distribution of marital assets and liabilities. While the court’s findings must be written and provide the reasons in support of its decision, there is rarely an absolute answer to how Florida courts will rule when asked to unequally distribute marital property. Such a decision is based primarily on a fact specific inquiry and balanced against case law and the aforementioned Florida Equitable Distribution Statute. Call 407-335-8113 to speak with an Orlando Family Lawyer about your divorce.

What does unequal distribution of assets mean in Florida divorce?

Florida Equitable Distribution Statute 61.075(1) addresses Florida unequal distribution of marital assets, and provides the court’s process for dividing marital property: “In a proceeding for dissolution of marriage…the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.” Unpacking the Legislature’s language requires a careful eye for detail. First, the court must decide what assets and liabilities are marital, and which are non-marital. Nonmarital assets (for example) may include inheritance monies that have never been commingled, or pre-marital real property that have not been improved, re-titled jointly, or otherwise. This process will allow the court to rule on marital assets to determine alimony, property distribution, child support, and other important issues in a case.

Florida Equitable Distribution Statute

Florida Equitable Distribution Statute

What does unequal distribution of assets mean in Florida divorce? Perhaps most important to the Florida unequal distribution of marital assets discussion is that the divorce court starts with the premise (slightly different meaning than presumption) that distribution should be equal. This does not mean that if there are ten properties, that each party will as a guarantee receive five. It is more of a balancing of the equities based on the overall value of each property, the length of the marriage, the needs of both parties, whether there are any minor children and what their needs may be, as well as any and all other statutory factors needed to do equity. Let’s take a look at a Fifth District Court of Appeals case that addresses this topic.

In the 5th DCA case, Foley v. Foley, the Court ruled that the title of a home in and of itself, is not grounds for unequal distribution. The divorce court must make factual findings identifying real property as marital or non-marital and determine how to equitably or unequally distribute for the parties. See King v. King, 273 So. 3d 233, 235 (Fla. 2D DCA 2019) and Foley v. Foley, 19 So.3d 1031, 1032 (Fla. 5th DCA 2009) (“Because title alone is insufficient to support an unequal distribution of the property, the trial court should have made findings as to whether the house was a marital or nonmarital asset and stated its reasons for awarding the house solely to the former husband.”).

Unequal distribution of marital assets in Florida based on the Florida Equitable Distribution Statute is infrequently awarded by the trial court. Florida unequal distribution of marital assets must be accompanied by written findings and must be proven to the court. Simply purchasing a home during a marriage and conveniently titling it in one spouse’s name only generally does not qualify it to be non-marital property absent other facts. Call Jacobs Law Firm, Orlando divorce attorney for your consultation 407-335-8113.

Collaborative Divorce Clermont FL

Collaborative divorce Clermont FL is a newer and in many ways better method/medium for your divorce. Orlando and Clermont collaborative divorce is changing the way that people think of family law. Generally, collaborative fa of non-traditional divorce is cooperation, openness, honesty, and teamwork. After all, with collaborative divorce, there is an entire team at your fingertips to help you and your spouse throughout the entire process. Maybe the toughest part of this type of divorce is agreeing the participate rather than relying on more common methods that can lead to broader conflict. When weighing cost, time, privacy, and all of your options, consider calling Clermont collaborative divorce attorney, Jonathan Jacobs, of the Jacobs Family Law Firm for a thorough review of your case. Dial 407-335-8113 today.

Clermont Collaborative Divorce Attorney

The most common question (usually these terms are discussed after a mutual understanding of all of your needs) when clients ask about collaborative divorce in Orlando and collaborative divorce in Clermont FL is the cost. After all, why invest so much money into a process that does not guarantee a result? The collaborative process is generally more peaceful, upfront, and can lead to a resolution where both spouses feel less slighted and less impacted by the bitterness of the divorce system.

Generally, with collaborative family law, both parties may preserve their financial privacy from the public viewing, but share all aspects of their financial portrait with each other. In fact, it is the financial neutral (an experienced financial planner) that reviews your financial documents and determines several possible outcomes for both spouses to review. The parties themselves drive the process. The Clermont collaborative divorce attorney is there to help his/her client for the duration.

One of the more common complaints people express in a lengthy and contentious divorce is the emotional strain and financial stresses the process causes. Collaborative divorce in Clermont FL is inherently designed to alleviate these issues. There will be a mental health neutral available to both parties to help negotiate any parenting issues, to spot when either party is distraught or distracted, and they may offer support when needed the most. They are a guidepost for those impacted by their circumstances.

Ultimately, when you are searching for a better way to divorce, and you are concerned about the cost of a year long legal battle, you may prefer to seek our a Clermont collaborative divorce attorney. Attorney Jonathan Jacobs can guide you throughout collaborative divorce Orlando and collaborative divorce Clermont FL. Call 407-335-8113 today.

minneola divorce attorney

Minneola Divorce Attorney

Jacobs Family Law Firm, Minneola divorce attorney, is experienced with family law and divorce. Minneola and Clermont are two of the fastest growing towns/cities in all of Florida. As families relocate to/move to Minneola and Clermont from New York, New Jersey, Connecticut, Massachusetts and elsewhere, their circumstances often change. This means that a lot of personal finances change, relationships grow and devolve, and divorce can be the result of that strife. As a divorce attorney in Minneola, Attorney Jacobs knows that separation from your spouse can be a stressful time full of uncertainly and concern. If you need to speak with an experienced family lawyer Minneola, call us for a consultation at 407-335-8113. We will answer your questions, listen carefully to the facts of your case, and advise you how you may proceed. Knowledge is power and knowing your options can help you choose the best course of action not only for yourself, but also your family. Call Jacobs Law Firm at 407-335-8113 and speak with experienced counsel.

Divorce Attorney in Minneola

As a Minneola divorce attorney, we practice the three primary types of divorce. This includes contested divorces, uncontested divorces, and collaborative divorce. As a family lawyer Minneola, we also litigate paternity matters involving fathers’ rights. During your consultation, we will discuss the unique facts you present to us and help you choose which method is best for you. Not all situations allow for collaborative divorce in Clermont or Minneola, or for an uncontested divorce, and that is fact-dependent. With a collaborative divorce, you may be able to avoid the courtroom altogether. Financial privacy is often assured. An entire team is devoted to an equitable outcome for both parties. The lion’s share of the cost is paid upfront and may cost less than had you litigated a lengthy and bitter divorce.

A divorce attorney in Minneola can help you find out if an uncontested divorce in Minneola is right for you. An uncontested divorce is one where you and your spouse have enough of a relationship to resolve all issues and finalize all documents before filing a case. This can help avoid litigation entirely, and minimize costs. An uncontested divorce is distinguishable because the spouses themselves drive the process.

family lawyer minneola

Family Lawyer Minneola

Alternatively, some of you may be unmarried parents and need a family lawyer Minneola to help secure parental rights. If you are an unmarried father in Florida, your rights are limited until you have filed an action for the establishment of paternity and child support. You likely also want to get the DOR out of your finances, and we can help in many cases.

To consult with a Minneola divorce attorney, call Jacobs Law Firm at 407-335-8113 and speak with a family lawyer Minneola and divorce attorney in Minneola to learn about your options and your legal rights.

modification of alimony in Florida

Modification of Alimony in Florida / Termination of Alimony in Florida

When identifying whether you can terminate alimony in Florida or modify alimony in Florida, it is important to research not only case law to support your petition, but also the meaning of Florida Alimony Statute 61.14, “Enforcement and modification of support, maintenance, or alimony agreements or orders”. Florida Alimony Statute 61.14 informs us that the modification of alimony in Florida or termination of alimony in Florida can be ruled on by the court when there has been a supportive relationship between the recipient/obligee and a person with whom he or she is co-habitating. The burden of proof in a petition for modification of alimony or petition for termination of alimony is on the obligor/payor (person ordered to pay alimony). Their evidentiary burden is to prove the existence of a supportive relationship by a “preponderance of the evidence”. Ultimately, the court has the discretion to probe any number of facts and issues to determine whether a supportive relationship exists between the recipient former spouse and their significant other. Call Jacobs Law Firm at 407-335-8113 to discuss your alimony modification today.

termination of alimony in Florida

Petition for Modification of Alimony or Petition for Termination of Alimony

The court is required to make written findings in alimony modification cases. Based on your petition for modification of alimony or petition for termination of alimony, the court will consider the following (just some of the factors and they are paraphrased to plain language) in making its decision on modification of alimony in Florida or termination of alimony in Florida:

  • Have the recipient spouse and their romantic partner held themselves out to be a married couple by their behavior, or otherwise conducting themselves in a way that “evidences a permanent supportive relationship”?
  • How long the recipient spouse has lived with their significant other in a permanent residence.
  • The extent to which the recipient spouse and their partner have combined their finances and demonstrated shared expenses.
  • How much the couple has supported each other financially.
  • The degree to which the recipient spouse has performed valuable services for the romantic partner or the romantic partner’s company or employer.
  • Whether the romantic partner and recipient spouse when seeking a modification of alimony in Florida have enhanced the value of any shared assets.
  • Whether the romantic partner and the other person have jointly contributed to the purchase of any real or personal property.

Call Jacobs Law Firm at 407-335-8113 to discuss your modification of alimony in Florida or termination of alimony in Florida. We may be able to help provide you with substantial savings. Each case is unique and we can analyze the facts of your case.

How Long Does a Collaborative Divorce Take in Orlando Florida?

How Long Does a Collaborative Divorce Take in Orlando Florida?

How long does a collaborative divorce take in Orlando Florida? Statistically, the collaborative divorce process is intended to take approximately six months. The vast majority of collaborative cases resolve by the nine-month period. Sometimes spouses must go into overtime because of the breadth of their assets. Why is the 6–9 month period appropriate for this rather special and highly successful type of divorce and family law? Call your Orlando collaborative divorce attorney Jonathan Jacobs of the Jacobs Family Law Firm, PLLC at 407-335-8113 for more information. We will let you know if the collaborative divorce timeline matches your expectations for getting divorced.

How long does a collaborative divorce take in Orlando Florida? The collaborative divorce timeline generally dovetails with the number of team meetings the spouses may need to reach a full resolution of all issues. This means that if there are three full team meetings, the process will generally resolve within six months. If the spouses are working on their parenting plan and reach a stalemate or difficulty with a few issues, there may need to be an additional team meeting or additional time spent with the mental health neutral and the spouses. Further, even if the parenting plan is fully drafted and executed, there may be some concern as to the equitable distribution proposals from the expert financial planner. This may necessitate more document production, or further discussion among the parties as to the best way to move forward for mutual satisfaction.

In cases where some issues are unresolved, there may be four or five full team meetings and the process may reach as long as a year, which though very rare, is a possibility. The great news is the more the parties are involved in the process, the better the result will be. Being engaged in your own outcome is the essence of the teamwork collaborative divorce requires for success.

Depending on where the case is ultimately filed (a collaborative case may be filed at the beginning of the process or toward the conclusion), it may be considered an uncontested divorce in Florida with no court appearance. Many courts will allow collaborative family law cases to be finalized without necessitating you or your spouse appear before the court. This factors into our question of how long does a collaborative divorce take in Orlando Florida? There is a twenty day statutory waiting period for divorce per Florida Statute 61.19 which informs us that: “No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.” This Statute, though not a hard-and-fast rule for all cases, may add an additional 2-4 weeks at the end of your collaborative family law case for its finalization.

When you need answers about the collaborative divorce process, call Jacobs Law Firm at 407-335-8113 and we will provide you with a comprehensive consultation.

Orlando Collaborative Family Law Divorce

Orlando Collaborative Family Law Divorce

An Orlando collaborative family law divorce is an advanced form of uncontested divorce. When considering the differences between an uncontested divorce vs collaborative divorce, it is important to point out the key distinctions to help you choose the best path forward. An Orlando uncontested divorce is one in which the parties themselves drive the process. Both spouses must contribute to the development and drafting of a parenting plan and marital settlement agreement. Your uncontested divorce lawyer in Orlando will quarterback the entire process, however we would be the only professional involved (in most cases). With a collaborative family law divorce Orlando, there is an entire team of professionals at your disposal. We perform and perfect many uncontested divorces for our treasured clients. Many of the most satisfying cases are those that do not involve litigation as spouses often go off into the sunset of post-marital life without having endured the struggle of traditional divorce. Call Jonathan Jacobs, Esq. at 407-335-8113 and ask how we may simplify your divorce as your collaborative divorce attorney Orlando.

Orlando Collaborative Family Law Divorce

Uncontested Divorce vs Collaborative Divorce

Traditionally, when considering uncontested divorce vs collaborative divorce, clients factor in the cost, the time involved, and the need for additional professionals. You may recall from reading our other articles, collaborative divorce is achieved with the help of a collaborative team of professionals. Each spouse retains a collaborative divorce lawyer, and in addition to the legal professionals, the parties will retain a mental health neutral, and a financial expert. This enables the parties to have all aspects of their divorce planned for them in a manner which is generally fair and equitable and designed to allow everyone to feel comfortable throughout the entire process. We have a terrific track record of resolving uncontested divorce cases as well. It is important to note that an Orlando collaborative family law divorce is about the process and the team, whereas a traditional uncontested divorce is about the litigants themselves with the attorney in the background. It takes a lot of negotiating and diligence to help spouses follow through with an uncontested divorce. This is because divorce is stressful and can be emotionally and financially hurtful. Among the many benefits of collaborative family law divorce Orlando is the team is there to support the parties in a multitude of ways.

Orlando Collaborative Family Law Divorce

When considering if an Orlando collaborative family law divorce is right for you and you want to talk about the benefits of uncontested divorce vs collaborative divorce, we will be happy to provide you with the knowledge and perspective you need to make this essential decision for your family. Call 407-335-8113 today to speak with your collaborative divorce attorney Orlando.

florida unlawful detainer process

Unlawful Detainer Process Florida

The unlawful detainer process in Florida is among the more technical and rule-driven lawsuits. This may fall under the umbrella of real estate and landlord tenant law, but it is not an eviction. The Florida unlawful detainer process is full of procedures that must be followed to obtain the best result. Florida Statute 82.01(4) defines unlawful detention as “possessing real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person.” More plainly, an unlawful detainer lawsuit is about removing an unwanted guest, relative, romantic partner, or other person occupying your property without your consent or permission. Now that you know what an unlawful detainer is, and can define it by law, let’s talk about how it works. Call Jacobs Law Firm at 407-335-8113 for the information you need to ensure the return of your property.

The unlawful detainer process in Florida is about obtaining a court order to command the police to remove an occupant from your property. The Florida unlawful detainer process begins when you hire Jacobs Law Firm, ensure your documents are completed, and file your case. Once filed, the other party is served with a specialized summons that is allowable under summary procedure.

Once the other party is served, and there are at least two means of service for this type of lawsuit, they have a certain number of days to respond. The Florida unlawful detainer process continues once you know whether the defendant(s) has responded and is contesting your action, or if they may be subject to losing the case because of their inattention. A lawsuit of this kind or nature often depends on whether a hearing or trial is necessary, or if your case may be won by involving the clerk and the court pending the response or lack thereof from the unwanted occupant(s).

The Unlawful detainer process in Florida is about correcting a situation where law enforcement may not be able to become involved without being commanded by the court. Florida is generally not a self-help state and breaching the peace may come with consequences. Therefore, when you are considering filing an action for the removal of the person occupying your residence, you should call Jacobs Law Firm, speak with Attorney Jonathan Jacobs and find out the intricate a lawsuit like this can be. Dial 407-335-8113 and find out how to recover your property from unlawful occupancy.