Category: Florida Law Blog

Divorce in Orlando

Divorce in Orlando, Filing For Divorce in Orlando

You have reached a decision to get a divorce in Orlando. You are filing for divorce in Orlando. How do you do it? What is the process? How much does it cost? Filing for divorce in Orlando is similar to other jurisdictions, and the pricing is comparable. The primary difference is the way the court handles the divorce process. Orange County Florida has its own unique policies and procedures because each judge runs her courtroom differently. Whether you need to hire a divorce attorney in Orlando, or just want some general guidance on filing for divorce in Orlando, call the Jacobs Law Firm, we will be happy to speak with you.

Divorce Paperwork in Florida, What Do You Need?

Choosing the right divorce paperwork to file in your Orlando divorce case is not easy. This is because there are different kinds of divorce. There is simplified dissolution of marriage, dissolution of marriage, dissolution of marriage with minor children, dissolution of marriage with relocation, and the list could go on. It is generally true that if you file the wrong paperwork, the case could be dismissed and you may need to refile. This can get expensive!

If you hire Attorney Jacobs when you are filing for Divorce in Orlando, he will ask you a lot of questions about your marriage, assets, liabilities, kids, and expectations. Many of these questions are intended to help him decide what type of divorce you need to file. If you are doing this by yourself as a “pro se” litigant, it is important to read the directions on the Florida Supreme Court approved forms. There are certain checklists of documents you may need, and there are directions you may follow. Face it, this is not an easy process, and that is why there are talented legal professionals that are ready to help.

Filing for divorce in orlando
Filing For Divorce in Orlando

Service of Process

The Florida Family Law Rules of Procedure and Florida Statutory law require the petitioner (the first to file) to serve the other party with process. This means due process. Due process refers back to our constitutional right of notice and an opportunity to be heard. Florida is a no fault divorce state, meaning you have an absolute right to get a divorce with certain minor exceptions, BUT, there are procedural requirements, and service of process is mandatory. Filing For Divorce in Orlando means you may not serve the other party exclusively by certified mail or by regular mail, by FedEX or UPS. Rather, you must hire a process server and obtain an affidavit of service to indicate to the court that you have made diligent efforts to alert the respondent to the existence of the petition for dissolution.

Mandatory Disclosure in Divorce in Orlando

A primary issue in Filing For Divorce in Orlando is that both parties must provide certain financial and other related documents to the other party. This is called mandatory disclosure. When you are in the process of deciding whether your divorce will be contested or uncontested, you may want to consider how much you and your spouse want to quarrel over the distribution of your property (marital and non-marital). Mandatory disclosure typically includes bank statements, credit card statements, loan statements, financial affidavits, and other important documents.

Uncontested Divorce v. Contested Divorce

Many couples choose to obtain an uncontested divorce in Orlando. This is because a contested divorce can take longer, cost more in legal fees, and involve a lot of legal battles that can impact all parties involved. For instance, filing for a divorce with relocation with a minor child can be expensive. An uncontested divorce in Orlando means you and your spouse have agreed on all issues and are ready for Filing For Divorce in Orlando so you may also proceed to the final stages of your dissolution. In contested divorce cases, it is likely you will attend hearings, mediations, possibly some depositions, and in some cases, a trial.

Mediation for Divorce in Orlando

Although technically not an absolute requirement in all counties, in Orange County Florida, mediation is ordered in a majority of cases. Judges here in Orlando generally believe the parties should have the right of self-determination when filing for divorce in Orlando. Litigants should have a proverbial “bite at the apple” to resolve their case on their own terms before the judge becomes heavily involved in the case.

This is a good time to answer a common question clients have when filing for divorce. “How do we choose a judge in my case?” Judges are assigned based on availability and dockets, not based on the unique preferences of the litigants.

Orlando divorce lawyer Jonathan Jacobs is the managing partner with the Jacobs Law Firm, PLLC. When you are seeking a divorce in Orlando, call us for the information you need and the help you require.

Passive Appreciation of Marital Property in Florida

Passive Appreciation of Marital Property in Florida, Active Appreciation of Marital Property in Florida

A major issue in dissolution of marriage cases in Florida is whether a property will be categorized by the court as “marital.” If the property was purchased by one spouse before the marriage, using his/her own money, what can happen during the marriage to cause the passive appreciation of marital property in Florida to subject the property to equitable distribution in divorce? What can happen to cause the active appreciation of marital property in Florida that would make it subject to equitable distribution? Let’s look to Florida statutory and case law to find out the answer.

Definitions and Examples of Passive Appreciation of Marital Property in Florida, and Active Appreciation of Marital Property in Florida

Let’s define passive appreciation in practical terms to make it understandable. Passive appreciation of marital property in Florida occurs during the marriage. Passive means that there are no significant improvements or contributions made to the appreciation (increase in its value) of the property by the non-owning spouse, and any value enhancement is due exclusively to market factors, timing, or other independent events/trends. Timing is critical in real estate. In this article, we will also contrast passive appreciation with active appreciation of marital property in Florida.

Active appreciation of marital property in Florida occurs when the spouse who did not own the property before marriage, makes labor and/or financial contributions that cause the increase in the value of the property.

Let’s use a hypothetical example for this to make sense. Here is an example of passive appreciation of marital property in Florida:

  • Party A buys a condo in downtown Orlando in 2011. Party A meets Party B in 2012, and in 2013 after a lovely courtship, they get married.
  • The spouses separate in December 2018 as their marriage is irretrievably broken.
  • During their marriage, the value of Party A’s condo increased because the housing market has been on fire.
  • No major improvements were made to the property, and Party A simply sat back and collected rent from the property prior to the date of their marital separation.

Is this condo subject to being categorized as “marital property due” to the passive appreciation of marital property in Florida? Case law and Statutory law provide that “passive appreciation on nonmarital assets as a result of market forces, such as inflation, is not subject to division.” We can add other facts, such as the commingling of the proceeds in a joint marital bank account, but for our basic example, there is likely no creation of marital property here.

Active appreciation of marital property in Florida, as discussed above, occurs when the spouse that does not own the nonmarital property, actively takes steps to increase the value of the property. Here is another hypothetical that can help clarify how active appreciation works.

  • Party A buys a condo in downtown Orlando, and it has a great view of the City.
  • Party A meets Party B one year later, and they get married.
  • Market factors cause the value of the property to increase substantially.
  • During their marriage, monies from a joint bank account in the name of both parties, were used to pay down the mortgage on the Condo.
  • Party A and Party B split in January 2019, and file for dissolution of marriage.

Florida Statute §61.075(6)(a)1(b), states that marital assets include the: “enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets or both.” Contributions by either spouse to the increased value of the other spouse’s nonmarital property may create a legal right to the equitable distribution of the property in divorce. But wait, there is a catch! The Florida Supreme Court said this: “Improvements or expenditures of marital funds to a nonmarital asset does not transform the entire asset into a marital asset; rather, it is only the enhancement in value and appreciation which becomes a marital asset. F.S. § 61.075(5)(a)(2).” Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010).

Therefore, in the example above, it is likely there has been some active appreciation of marital property in Florida, but the Court will need to make a finding as to how much the property appreciated in value, and how much the non-owning spouse may be entitled to. “Appreciation caused by the expenditure of marital funds or labor during the marriage, including the parties’ management, oversight, or contribution to principal, is a marital asset subject to equitable distribution.” Here are some cases that predate Kaaa v. Kaaa, but provide a great deal of insight and guidance: Young v. Young, 606 So. 2d 1267 (Fla. 1st DCA 1992); Massis v. Massis, 551 So. 2d 587 (Fla. 1st DCA 1989); Straley v. Frank, 612 So. 2d 610 (Fla. 2d DCA 1992); Jahnke v. Jahnke, 804 So. 2d 513 (Fla. 3d DCA 2001); and Hanks v. Hanks, 553 So. 2d 340 (Fla. 4th DCA 1989). Dyson v. Dyson, 597 So. 2d 320, 324 (Fla. 1st DCA 1992); Mitchell v. Mitchell, 841 So. 2d 564 (Fla. 2d DCA 2003); Adkins v. Adkins, 650 So. 2d 61, 67 (Fla. 3d DCA 1994); and Cole v. Roberts, 661 So. 2d 370, 372 (Fla. 4th DCA 1995).

Case Law on Passive Appreciation of Marital Property in Florida, Active Appreciation of Marital Property in Florida

Kaaa v. Kaaa, 58 So. 3d 867 (Fla. 2010). The title itself may create for good humor, but the ruling is quite serious for divorce litigants despite the negative treatment the case has received by many District Courts of Appeal. The Florida Supreme Court held in Kaaa that the Wife would be entitled to include the value of the passive appreciation of the house in the calculations for equitable distribution in order to avoid the Husband enjoying an unjust enrichment of the Wife’s contributions to the marital residence. This decision means that a non-owner spouse may recover from the equity of a home in equitable distribution. While the non-owning spouse would not be able to include the entire value of the marital residence as marital property, the Kaaa decision (as mentioned above) allows the non-owning spouse to recover a portion of their contributions to the increase in valuation of the real property during the marriage.

Jonathan Jacobs, Esq., is managing partner at the Jacobs Law Firm, PLLC. He is a divorce attorney in Orlando Florida, a divorce attorney in Clermont Florida, and a relocation attorney in Orlando. Call (407) 310-5636 with questions about your divorce case.

Florida Residency Requirements For Divorce

Florida Residency Requirements For Divorce

The Florida residency requirements for divorce is/are that a party must prove that one of the litigants (petitioner or respondent) has resided in Florida for a minimum of at least six months prior to filing for dissolution. Florida Statute § 61.021, “Residence requirements,” provides that: “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” The residency requirement establishes jurisdiction in a Florida family law court. Establishing jurisdiction in a Florida court enables the judge to preside over the parties’ dissolution of marriage case. Foundationally, the courts have routinely upheld this requirement, “It is not enough for the parties to merely submit a petition requesting a dissolution of marriage, the party must establish the court’s jurisdiction over the parties. Wise v. Wise, 310 So.2d 431, 432 (Fla. 1st DCA 1975).

In a recently decided case, McNeil v. Jenkins-McNeil, the Fifth District Court of Appeals Court discussed the Florida residency requirement for divorce and implications of a party failing to meet the residency requirement. 252 So.3d 354 (Fla. 5th DCA 2018). In McNeil, the Wife filled a petition for dissolution of marriage, however, she did not allege that she was a resident of Florida. At trial, the Husband failed to appear, causing the trial court to grant the Wife’s divorce. The Husband appealed this decision. The Husband alleged that the Court failed to establish jurisdiction over him because the Wife failed to meet her burden of proving her or her husband’s residency in Florida.

According to Florida Statute § 61.052(2), the minimum Florida residency requirements for divorce can be corroborated by a “valid Florida driver license, a Florida voter’s registration card, a valid Florida identification card…, or the testimony or affidavit of a third party.” In McNeil, the Wife failed to allege that she personally had fulfilled the Florida residency requirement, leading the Wife to shoulder the burden of proving, at trial, that her husband was a lawful resident of Florida for at least 6 months prior to her filing a petition for dissolution of marriage. However, “[t]he residency requirement may not be established by the uncorroborated testimony of one party.” McNeil (citing Lemon v. Lemon, 413 So.3d 623, 623-24 (Fla. 2d DCA 1975)).

The parties may not waive by admission in the “pleadings that the residency requirement has been met.” McNeil, (citing Grey v. Grey, 995 So.2d 623, 624 (Fla.2d DCA 2008)). Additionally, “residence can never be assumed, nor can it be established by agreement.” McNeil, (citing Fazio v. Fazio, 66 So.2d 297, 299 (Fla. 1953). The Court in this case granted the Husband’s petition for reversal of the final decree of dissolution due to the “petitioner fail[ing] to establish the statutory prerequisite of residence,” and held the lower court lacked the jurisdiction necessary to enter a final judgment against the Husband. The Florida residency requirements for divorce cannot be waived or discounted by the court.

While the right to enter into marriage is a fundamental right, as is the right to obtain a divorce in Florida, that does not excuse a court from establishing the Florida residency requirements for divorce by taking jurisdiction over a party before allowing a petition for dissolution to be granted. The courts must follow the requirements set forth under Florida Statute § 61.021, and the party filing the petition for dissolution must prove that either himself/herself or the other party has satisfied the residency requirement for divorce in Florida.

Jonathan Jacobs is an experienced divorce attorney in Orlando and a divorce attorney in Clermont Florida that is available to answer your questions about divorce in Florida.

Long Distance Parenting Plan Florida

Long Distance Parenting Plan Florida, Relocation Parenting Plan Florida

Are you looking to relocate with your minor child during or after a divorce or a family law/paternity lawsuit? If your answer is yes, you will need to draft a long distance parenting plan Florida, also known as a relocation parenting plan Florida. Let’s go back one step to make sure you need this type of a parenting plan. Do you know what relocation with a minor child is? A long distance parenting plan for infant or toddler (with a young child) may or may not be right for you. Read the Statute below.

According to Florida Statute 61.13001, Relocation means “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.” In the words of my brother David, “say what?” Well, the Relocation Statute is quite clear, but only if you have legal experience litigating relocation cases. If you or your former spouse or partner are moving more than 50 miles (“straight as the crow flies”) from your principal house/apartment for a period of MORE than 60 days with no intent to return there, you must obtain a court order, or mutual agreement between BOTH parents. In both instances, you will need to draft a long distance parenting plan Florida, also known as a relocation parenting plan Florida, for court approval. Simply filing a parenting plan is generally not enough. You should seek to obtain a Judge’s approval of your long distance parenting plan for infant.

Relocation Parenting Plan Florida

Tips on Long Distance Parenting Plan For Infant

Here are four tips I recommend to both clients and opposing counsel when creating a long distance parenting plan for infant (s) in Florida:

  • Be SPECIFIC. Do not leave any portion ambiguous. The parties are a long distance away and communication is vital.
  • Specify your travel arrangements and who is going to pay.
  • Make sure you specify a time when and how you will contact your child.
  • Ensure that your vacation timesharing offers both families time with the child. Be fair and reasonable.
Long Distance Parenting Plan for Infant

Relocation Parenting Plan Florida

Ultimately, when you are relocating with a minor child, a lot of changes need to be made. Adjusting to a new career and new city can be tough on a parent. Taking care of a minor child while going through so many changes is not easy. This should encourage the relocating parent to allow for timesharing with the non-relocating parent (provided the non-relocating parent wants to see the child). Children benefit from spending time with both parents, and the parents benefit just as much in so many ways.

Jonathan Jacobs is a Relocation Attorney Orlando who can help his clients create a Long Distance Parenting Plan Florida, Relocation Parenting Plan Florida, or a Long Distance Parenting Plan for Infant(s). When you are considering relocation with a minor child, call the Jacobs Law Firm for help.

FLORIDA ONLINE DIVORCE ATTORNEY

Florida Online Divorce Attorney

Florida online divorce attorney Jonathan Jacobs of the Jacobs Law Firm, offers divorce, paternity, and family law representation to clients across the Central Florida area. Often, clients choose a Florida online divorce lawyer to save on cost. Let’s face it, divorce and paternity lawsuits can be expensive, and that often prevents people who need to hire a lawyer from being able to retain an attorney. Locally, many couples choose to obtain an uncontested divorce in Orlando. Choosing to get an online divorce in Florida implies that both parties are in agreement on all issues from child support to timesharing to alimony to the division of your property. This means your divorce is uncontested (does not require litigation).

Online Divorce in Florida

An online divorce in Florida is not available for clients in every jurisdiction. It depends on whether a specific judge allows for the litigants to provide the Court with their divorce paperwork through an attorney. When a judge in Central Florida does offer an online divorce in Florida, Attorney Jacobs can assist you in getting divorced within 3 weeks after submitting your documents to the court/judge. It takes 1-5 days for the clerk of court to verify and process your paperwork, and then there is a mandatory (Florida Family Law Rules of Procedure) waiting period after filing your paperwork, for the court/judge to be able to grant your final judgment of dissolution of marriage.

Does a Florida Online Divorce Require a Hearing?

If your uncontested divorce necessitates a hearing, Florida online divorce attorney Jacobs will attend the final hearing with you. The final hearing itself lasts for only a few minutes, and it is more of a formality than a substantive hearing. Even so, Attorney Jacobs may need to wait for an hour or two with you while the court/judge entertains emergency matters from other cases, before calling us before the court for our proceeding. During this time, Florida online divorce attorney Jacobs will again explain as much about Florida divorce law as possible to help you understand your rights and responsibilities after the divorce is granted.

How Does a Florida Online Divorce Work?

Our first step in an is for you to fill out the required client questionnaire. This information will be kept strictly confidential except for purposes of providing the court with your information in mandatory court documents. Our client questionnaire is designed to get from you ALL of the information we may need to write your divorce documents and submit them to the court/judge.

Step two is for Florida online divorce lawyer Jacobs to review your answers and information, after which he will draft your paperwork, ask you any questions that may help your case, and then speak with you in depth about your expectations and requirements.

Step three is for us to do a final review of your documents to ensure they are accurate and truthful. The court requires honesty and transparency in dissolution of marriage proceedings.

online divorce in florida
Advantages of Hiring a Florida Online Divorce Attorney

Here are five advantages of hiring a Florida online divorce attorney:

  1. You may talk to your attorney by instant messenger, videoconference, by phone, or text.
  2. You are hiring an expert online divorce attorney.
  3. Your dissolution will likely go more smoothly and will be done properly.
  4. Your attorney will handle most of the process on your behalf.
  5. You can spend your time worrying about your life after divorce rather than about your divorce itself.

Jonathan Jacobs, Esq. is a Florida Online Divorce Attorney representing clients in all of Central Florida.

Simplified Dissolution Of Marriage Orange County Florida

Simplified Dissolution Of Marriage Orange County Florida

Simplified Dissolution of Marriage Orange County Florida. Remember when getting a divorce was “easy” to do? Divorce is rarely, if ever easy. Technically speaking, the easiest way to get a divorce in Orange County Florida is by simplified dissolution of marriage. The reason a simplified dissolution is “easy” is because the rules and requirements are clearly defined. Married couples generally cannot obtain a simplified dissolution of marriage in Orange County Florida unless they meet specific requirements.

Requirements Of Simplified Dissolution Of Marriage Orange County Florida

The jurisdictional and technical requirements of simplified dissolution of marriage Orange County Florida are as follows (paraphrased and interpreted for you):

  1. One or both spouses must have lived in Florida (established residency) for at least six (6) months prior to filing the Petition for Simplified Dissolution of Marriage.
  2. Both spouses must agree that the marriage cannot be saved, i.e. it is irretrievably broken.
  3. The spouses CANNOT have any minor or dependent child(ren) together, the wife cannot have had any minor or dependent children born during the marriage (even to another partner), and the wife must presently not be pregnant.
  4. Both spouses must agree completely on the division of their marital assets and liabilities, and must complete a marital settlement agreement to that effect that has been signed and notarized.
  5. Neither party may seek alimony in a simplified dissolution of marriage. Alimony is a major issue that complicates a divorce.
  6. Both parties must be willing to sign and execute all documents required by the Court and must be willing (if asked or unless waived) to attend a final hearing for dissolution.

Simplified Dissolution Of Marriage Orange County Florida How do I Do it?

Requirements of Simplified Dissolution Of Marriage Orange County Florida: The first step you must undergo is checking to see if you meet all of the requirements above. Frankly, you may need to consult with an Orlando Divorce Attorney for verification. The second step is for both parties (since getting a Simplified Dissolution Of Marriage implicitly indicates agreement and cooperation) to sign paperwork and exchange information as required. Two minds are better than one, and the greater the degree of cooperation and understanding, likelier, the easier the process will be. Third, you may wish to contact the Orange County Clerk of Court for verification that you are filing your documents properly and that the Court has accepted your documents.

Requirements of Simplified Dissolution Of Marriage Orange County Florida

Ultimately, when you seek to obtain a Simplified Dissolution Of Marriage Orange County Florida, you are welcome to call the Jacobs Law Firm, PLLC offices Winter Park, and Clermont Florida for more information and guidance.

Lake County Florida Parenting Classes

Lake County Florida Parenting Classes

Lake County Florida parenting classes are a requirement in all family and divorce law cases here in Lake County. A Lake County Florida parenting class is a relatively short course that educates experienced and inexperienced parents on how to handle their conduct during and after parents separate.

The reason behind the Florida Courts requiring the parties to participate in Lake County Florida parenting classes is for the best interests of their children. Divorce and separation can be tremendously difficult on people, both emotionally and physically. The Court feels it is best to compel parents to have some guidance, a helping-hand if you will. 

Rather than defaulting to being irate over mom or dad’s behavior, Lake County Florida parenting classes guide the parties to take a step back and choose their actions and words carefully. Parenting is challenging when couples stay together. Being separated, no matter what the age of the kids, is truly difficult. Many of the parenting classes are called family stabilization courses. Generally, the parenting class providers must be approved by the Department of Children and Family Services (DCF).

Lake County Florida Parenting Classes Online

Are Lake County Florida Parenting Classes Online?

Lake County Florida parenting classes may be found online and are brought to you by a variety of providers that meet the requirements of the courts and DCF. Some of the course providers offer an instant certificate option to avoid delays when you are in a hurry to comply with the Court’s requirements.

After you have finished taking your Lake County Florida Parenting Classes online or otherwise, consider filing your certificate of completion as quick as is practicable. Do not forget to file the certificate, or you may risk avoidable delays in your case. Remember, Court requirements must be met or the Court will not grant your final judgment.

Jonathan Jacobs is a Clermont Divorce Attorney and an Orlando Florida Divorce Attorney who loves helping his clients every step of the way.

Florida Parenting Plan and Custody Example

Florida Parenting Plan and Custody Example: Holiday Time Sharing Schedule Florida

Florida Parenting Plan and Custody Example: Holiday Time Sharing Schedule Florida

When divorce and paternity litigants are negotiating a Florida parenting plan and custody schedule, one of the most time consuming decisions is the holiday time sharing schedule Florida. Holiday time sharing Florida is uniquely painful for many parents. For example, if Person A is religious and celebrates Christmas, Chanukah or Kwanzaa, Person A will want to be with their children during the holiday every year. However, in our Florida parenting plan and custody example, the holiday time sharing schedule Florida offers both parents shared holiday time. Within our Florida parenting plan and custody example, the hypothetical holiday time sharing schedule Florida is spelled out in clear language for one holiday and one school break:

  1. Winter Break:

Person A shall have holiday time sharing with the children from the end of school until Christmas morning on odd years.

Person B shall have holiday time sharing with the children from Christmas morning until New Year’s Eve on odd years.

The schedule will be reversed on even years with Person B having holiday time sharing with the children from the end of school until Christmas morning and Person A having time sharing with the children from Christmas morning until New Year’s Eve on odd years.

2. Spring Break:

During odd years, Person A shall have time sharing with the minor children from the end of school on Friday until the following Wednesday.

Person B shall have time sharing with the minor children from Wednesday at dinner time until Sunday night before school resumes for the following week. The schedule shall be reversed on even years.

Holiday Time Sharing Schedule Florida

Do you see how in our Florida parenting plan and custody example, the holiday time sharing schedule Florida works by allowing both parents holiday time sharing on an equal basis? This really is upsetting to a lot of people. Nobody wants to be without their family during the holidays, but shared parenting plans allow for each parent and their respective family(ies) to have equal time with their children on special occasions.

Can the Petitioner and/or the Respondent work out a schedule that better respects their family and religious wishes? Of course, the parties may design a parenting plan that best suits their mutually exclusive needs and wishes. Our Florida parenting plan and custody example is one of hundreds or even thousands of hypothetical holiday time sharing schedules that can be made in Florida.

In offering a hypothetical Florida parenting plan and custody example our goal is to shine the spotlight on three primary issues you may face in a divorce or paternity suit: 1. Sharing the kids for the holidays or missing your loved ones for the whole special time is difficult. 2. A holiday time sharing schedule Florida is not a one-size-fits-all proposition. 3. Parents are encouraged to think both about their needs and the best interest of their children, particularly when the holidays and families are involved.

Holiday Time Sharing Schedule Florida
Demand Letter Attorney Orlando

Demand Letter Attorney Orlando

Demand Letter Attorney Orlando 

As a demand letter attorney Orlando Florida, I often recommend that clients begin their case by sending a pre-lawsuit demand letter to the potential defendant. A demand letter can accomplish a great deal more than you expect. Here are five reasons from the mind of Jonathan Jacobs, a demand letter attorney Orlando, why sending a pre-lawsuit demand letter can help resolve your case without the need for litigation or better prepare you to litigate:

  1. A demand letter helps your demand letter attorney put the facts of your case in chronological order. When you work closely with your attorney to figure out the details and facts of your case before filing a lawsuit, it can better prepare you in case you need to file against the defendant.
  2. A demand letter from a demand letter attorney Orlando lets the defendant(s) know that you have hired an attorney and are willing to take your legal matter to court if necessary. Sometimes people bluff and never intend to hire a legal professional to litigate a case. If you have hired an attorney, it often causes the defendant to consider settling the case before incurring legal fees and costs.
  3. A demand letter is a great way to explore the strength of your case and to collect all of your evidence before filing a lawsuit. As you provide your demand letter attorney Orlando with your documents, he may notice that your evidence is lacking or missing some crucial component, and you may find your case is better or less strong than you had thought. This could change your mindset on litigation and/or negotiating with the other side.
  4. A demand letter could save you money if it helps you settle before filing a lawsuit. Saving money helps many clients obtain a larger recovery by avoiding attorney’s fees, filing fees, and other relate court costs.
  5. As a demand letter attorney Orlando, it has been my experience that some financial relationships can be repaired with open and honest communication. As your demand letter attorney, I can be the negotiator and liaison between you and the other side when communications have broken down. This can allow the parties to come back together for their mutual benefit.

A demand letter attorney Orlando Florida can save you money by resolving your case before a lawsuit is filed. While this strategy does not always work, if you do not communicate with the other side or attempt to resolve your differences, you may end up in a protracted and expensive lawsuit that may have been avoidable.

Jonathan Jacobs of the Jacobs Law Firm is a demand letter attorney Orlando Florida. Call today for a consultation and pricing.

science of divorce

Science of Divorce

The Science of Divorce: The Fluid Mosaic Model

The science of divorce suggests that divorce cases are like a fluid mosaic model, ever-shifting,constantly changing, and like the issues and the parties involved, complicated! Please bear with me as I provide a definition of the fluid mosaic model to offer you a basis/frame of reference. According to Wikipedia, “The current [fluid mosaic] model describes important features relevant to many cellular processes,including: cell-cell signaling, apoptosis, cell division, membrane budding, and cell fusion. The fluid mosaic model is the most acceptable model of plasma membrane…Its main function is to give shape to the cell.” What in the universe does a divorce have to do with a fluid mosaic model? For one, no two divorces are exactly alike. Much like a divorce for the litigants, the fluid mosaic model addresses many essentials part of life and existence (children, housing,finances, etc).

Analyzing and comparing parts to parts of divorce and the mosaic model, we can arrive at a better understanding of the shifting nature of divorces and the science of divorce. There is most certainly a comparison to be made between membrane budding and reconstituting a divorcing couple’s relationship, only this time as parents rather than romantic partners. Relationships take time to build, and perhaps years to be rebuilt. Meanwhile, conversely, cellular division can refer to the litigants splitting up and becoming separate and distinct entities unconnected to one another despite a common beginning.

Also part of the fluid mosaic model and the science of divorce is apoptosis, which is defined as “the death of cells that occurs as a normal and controlled part of an organism’s growth or development.” In a very real sense, when a married couple divorces, they are undergoing a metaphorical apoptosis. Granted,apoptosis is an end, not a beginning, but divorce is an end in and of itself as well. Divorce means that a couple’s connection, on an every day and routine basis, is severed. This can feel quite severe and have a profound emotional impact on the parties. Moving forward with their lives after divorce is an ordinary and real part of both parties’ development.

One of the primary issues that takes the longest time to resolve is a divorcing couple’s methods of communication. Not unlike cell-to-cell signaling as described in the fluid mosaic model, communicating with one another for the benefit of the children is essential. Finding a way to talk, type, text, e-mail, video conference, or otherwise to one another is a crucial component in the process. This is both the science of divorce and its practicality.

Perhaps comparing a scientific concept that is uber-complex to a divorce is an inexact proposition. Nevertheless, both are ever-changing. During a divorce, which can last for years, people’s lives change. Their finances, jobs, perspectives, housing accommodations, and a number of other important things may change. Fluid mosaic indeed!

Attorney Jonathan Jacobs is a divorce lawyer Clermont Florida and a divorce lawyer Orlando Florida.