Category: Florida Law Blog

setting aside a postnuptial agreement Florida

Setting Aside a Postnuptial Agreement Florida

When you need a divorce attorney Orlando to help with setting aside a postnuptial agreement Florida, call Orlando postnuptial agreement attorney Jonathan Jacobs of the Jacobs Law Firm at 407-335-8113. Jacobs Law Firm litigates cases where a spouse is seeking to set aside a postnuptial agreement and cases where a spouse is seeking to enforce a postnuptial (defend against setting it aside). Clients often ask “can you cancel a postnuptial agreement?” The answer is one that lawyers are all too familiar with, “it depends”. The outcome depends on the unique facts of your divorce, as well as on the viewpoint of the family law judge assigned to your case. Call us today to schedule a consultation to discuss the facts of your divorce.

The Florida Supreme Court provided family litigants with the ultimate test for the enforceability of a postnuptial agreement in Florida. The case on point is Casto v. Casto, 508 So. 2d 330 (Fla. 1987) in which the primary issue is setting aside a postnuptial agreement Florida. A Florida postnuptial agreement may be challenged on two different levels with multiple nuanced bases. Speak with an Orlando postnuptial agreement attorney today to determine the strength of your postnuptial agreement, whether you are on offense or on the defensive.

Orlando Postnuptial Agreement Attorney

In Casto v. Casto, the Florida Supreme Court lays out that a postnup agreement may be set aside or modified if the attacking spouse proves the alleged agreement was obtained by fraud, deceit, duress, coercion, misrepresentation, or overreaching. Each one of these legal terms of art may be argued. Some hypothetical examples include if a spouse has forged the other spouse’s signature in executing a Florida postnuptial agreement. Perhaps a spouse was tricked into signing a document that he or she was told was some other kind of legal paper. Maybe a postnuptial agreement created a circumstance where one spouse receives every asset and the other only debts. The potential factual circumstances are unlimited in their variegation both for and against an agreement’s enforceability. An Orlando postnuptial agreement attorney can discuss your case in great detail with you and provide insight into how your case might unfold.

Orlando Postnuptial Agreement Attorney

The Florida Supreme Court’s second level of the test for enforceability in setting aside a postnuptial agreement Florida provides that the spouse challenging the agreement must establish that the agreement makes an unfair or unreasonable outcome for that spouse, given the relative circumstances of the parties. Careful readers, because if the Florida postnuptial agreement is years old, those circumstances under review are based on those at the time of its execution. If the challenging spouse establishes a postnuptial is unfair or unreasonable (not just that the spouse made a bad fiscal bargain), a presumption arises that there was either concealment by the defending party, or that the attacking spouse lacked any knowledge of the defending spouse’s finances at the time the agreement was reached.

This is not the entirety of the Casto test for setting aside a postnuptial agreement Florida. If the attacking spouse can prove that the purported agreement was unconscionably unbalanced in favor of one spouse, the burden would shift to the defending spouse. Should Orlando postnuptial agreement attorney Jacobs Law Firm represent the defending spouse, we might argue that they made full disclosure of their finances contemporaneous to the execution of the postnup, and that because the parties were not dealing at arm’s length (having been married), the other spouse should have known about marital finances, and had the opportunity to make reasonable inquiry thereto.

If you need help with setting aside a postnuptial agreement Florida, call Orlando postnuptial agreement attorney Jonathan Jacobs of the Jacobs Law Firm at 407-335-8113 and receive insight into your predicament.

legal separation in florida

Legal Separation in Florida

Is there such a thing as legal separation in Florida? Not Can I be engaged while still married in Florida? The answer to this age-old question is not a straightforward yes. There are legal ramifications, social stigmas, and morality concerns that may impact the answer and or advisability as to whether you may get engaged before your divorce is final. You may date while separated in Florida, and you may engage in romantic relationships. There is no such legal distinction as a legal separation in Florida, though there may be such legal precedents in other states. There could be legal, social and moral issues as a result of your decision to engage in romantic relationships while married though separated from your spouse. When you have questions to pressing family law/paternity and divorce law concerns, call Jacobs Law Firm at 407-335-8113. We enjoy speaking with clients about unique facts and helping make complex legal issues such as Florida legal separation understandable.

florida legal separation

Legal separation in Florida is not a legally binding action in Florida. Rather, a Florida legal separation is more of a fact-based situation/state of affairs. In Florida, either spouse may file for divorce from their spouse. Filing for divorce may involve arguments over the date of separation and how that may impact the litigants financially or otherwise. Nevertheless, Florida does not recognize a legal separation and it does not allow for the bifurcation of proceedings automatically. Therefore, in Florida, the answer to our original question of can I be engaged while still married in Florida, is yes. Being engaged does not create a legally binding union in Florida. It does not allow the parties to file a divorce or separation action in the family circuit court as the court would likely not have jurisdiction over such an action.

Can I be engaged while still married in Florida

Can I be engaged while still married in Florida?

A Florida legal separation, while not an official legal distinction, is more of a factual situation. Legal separation in Florida is more about when the parties separated and what assets and liabilities they have accrued since the time/date they separated. The date of separation could impact child support arrearages, alimony calculations and arrearages, and whether marital assets have been dissipated or otherwise spent in a manner requiring the court to equitably distribute marital property in an unequal manner to establish fairness. Can I be engaged while still married in Florida? Yes you can, but consider how such an entanglement may impact your relationship with your children, your spouse, and how the financial aspects of your relationship may influence a court’s decisions about your finances. Call Jacobs Law Firm today at 407-335-8113.

Qualified domestic relations order alimony

Qualified Domestic Relations Order Alimony

In Florida, both the Department of Revenue and the family circuit courts have the authority to order that a qualified domestic relations order (QDRO) be drafted and implemented for the benefit of the alternative payee and/or their child (beneficiary or recipient). A Qualified domestic relations order alimony and a Qualified domestic relations order child support go hand-in-hand. A QDRO is intended and is generally necessary for the distribution and disbursement of one’s retirement benefits in a divorce or other family law matter. A QDRO disbursement of retirement benefits may apply to arrearages in alimony and/or child support cases or as otherwise may be applicable and allowable under Florida law. For more information, call Jacobs Law Firm, QDRO Attorney Florida to schedule a consultation. Dial 407-335-8113 today.

A qualified domestic relation order alimony (QDRO) is a court order that assures an alternative payee’s (person receiving the money) right to receive the entirety or a percentage of the benefits that may be available in the payor’s retirement plan and allowable pursuant to the terms of the plan. Generally, an alternate payee is the spouse or child of the payor or a legal guardian if circumstances should warrant. Examples in Florida for a qualified domestic relations order child support include Florida Retirement System (FRS), Disney’s the “Plan” (for Disney employees), and other retirement benefits programs insofar as the payor qualifies.

Provided the Department of Revenue or the family circuit court rules that a payor owes substantial child support or alimony arrearages, a payor may be compelled by court order to produce a QDRO. A QDRO in Florida divides a payor’s 401K or other retirement-based account to pay for overdue child support or alimony arrearages as referenced above.

qualified domestic relations order child support

The basic informational (but not limited to) requirements for a QDRO to be issued and accepted by a plan administrator are:

  1. The names and addresses of the participant (payor) and alternate payee(s),
  2. The name and information regarding the payor’s plan,
  3. The amount of the intended disbursal to the alternate payee(s), which can be a percentage or a dollar amount, and
  4. Instructions regarding the manner of payment and the timeline associated with the payment(s).

Ultimately, whether a Qualified domestic relations order alimony and a Qualified domestic relations order child support qualify for a QDRO are satisfactory, the plan administrator (a fiduciary) will render a determination. For a determination of the benefits available and the meeting of certain requirements, it is best to submit the QDRO proposal to the plan administrator prior to submitting it to the court. Contact Jacobs Law Firm, QDRO Attorney Florida to schedule a consultation. Dial 407-335-8113 today.

How Long Does an Uncontested Divorce Take in Florida

How Long Does an Uncontested Divorce Take in Florida

How long does an uncontested divorce take in Florida? Since there is no legal separation in Florida, after our Orlando uncontested divorce attorney has carefully reviewed a client’s factual circumstances, we spend time with our client to explain the timeline and procedures involved in their case. An uncontested divorce in Florida is based on the parties’ mutual agreement to work out and resolve all their issues without any litigation. All documents should be prepared, signed and notarized (where appropriate) before the case is filed to preserve its character. How long does an uncontested divorce take near Orlando, Florida? In Orange County, as in many other counties such as Lake and Seminole for example, there are unique procedural court rules your uncontested divorce attorney must follow. In counties such as Lake and Sumter, the procedure is generally routine. Speak with a family lawyer about your amicable dissolution of marriage by calling 407-335-8113.

How long does an uncontested divorce take in Florida depends on the parties’ ability to communicate and work together toward an equitable resolution of all issues. For example, if a case involves minor children, the parties will likely engage in extensive talks about pick-ups and drop-offs, overnight timesharing, holiday timesharing, childcare providers, education, and healthcare decisions. Mapping out the life of a minor child is a complicated process requiring the utmost of care and concern. One strategy that may be helpful is to have our client and the other party complete their version of a generic calendar to ensure the parties share common vision for overnight timesharing with the child(ren).

How long does an uncontested divorce take near Orlando, Florida depends again on the parties themselves and the court’s degree of availability. Cases involving both parenting issues and the equitable distribution of marital assets (including qualified domestic relations orders) and liabilities may take longer to prepare and formalize. It is common for spouses to have disagreements when divorcing. This makes the role played by your Orlando uncontested divorce attorney even more important.

One of the best parts of helping clients with amicable divorces is getting to know them on a personal level. The life experiences and stories about raising children and successful career voyages are just absolutely amazing to hear. How long does an uncontested divorce take in Florida depends on the parties, the length of time the divorce attorney takes to draft the documents, and ultimately, it may depend on whether a judge’s docket is overloaded. Call Jacobs Law Firm 407-335-8113 today for a consultation about your amicable divorce.

payment plan divorce lawyer orlando

Payment Plan Divorce Lawyer Orlando

You are searching for a flat fee divorce attorney and/or a family lawyer that offers payment plans. A payment plan divorce lawyer Orlando can help make your divorce affordable and cost effective. A divorce lawyer with payment plan options can do this by offering clients the opportunity to pay in installments. One of the obstacles many people face is being able to afford paying an entire retainer fee in a lump sum all at once. Instead of facing this sort of barrier to hiring the lawyer you feel most comfortable with, call Jacobs Law Firm to speak with an experienced and welcoming divorce attorney. Call 407-335-8113 to schedule a consultation with Attorney Jonathan Jacobs. Ask us about our payment plan options.

divorce lawyer with payment plan options

A payment plan divorce lawyer Orlando will often accept a reasonable down payment to begin working on your family case. The first payment is frequently the largest because it will include the filing and summons fees, and service of process fees. The next series of installment payments will likely be affordable and clients can budget for any anticipated expenses. Budgeting for unanticipated expenses and/or for those that are planned, is an important thing to do. A divorce lawyer with payment plan options for clients can be the difference between hiring an affordable family lawyer and being self-represented (pro se) in litigation that impacts your family.

Beyond the financial aspects of hiring Jacobs Law Firm as your payment plan divorce lawyer Orlando, there can be a great deal of confidence brought on by knowing a family law attorney will represent you in the months or even years that litigation may take in court. Many of the procedures the family court demands are regimented and structured. This means there are many crucial deadlines each party must meet and a great deal of procedure you may not be aware of. Knowing that a divorce lawyer with payment plan options may be available for your case can be a vital part of litigation.

Jacobs Law Firm’s primary practice areas include divorce and family law (paternity). Attorney Jacobs litigates cases at trial, mediation, during the discovery process, and from the very beginning. Whenever you may need help with your case and want the answers to your important questions, call a payment plan divorce lawyer Orlando, divorce lawyer with payment plan options, at 407-335-8113 to schedule a consultation with an experienced attorney ready to discuss your case.

uncontested divorce Winter Garden FL

Uncontested Divorce Winter Garden FL

If you are pursuing an uncontested divorce Winter Garden FL, you have the choice of venue for where your case will be filed. If you choose to file your case in Orange County or Lake County, Florida, there may be certain advantages that accompany each location. In Florida, litigants may file in any county of their choosing if they are pursuing an amicable divorce. There are some procedural differences between Lake and Orange County Florida in the way the family law court handles the finalization of a divorce. The additional paperwork required by the family court in Orange County may cause some in Winter Garden and Oakland, Florida to choose to file their case in Lake County (at the Tavares Courthouse). To speak with an uncontested divorce attorney Winter Garden FL call 407-335-8113 to consult with the Jacobs Law Firm about your case and find out why choosing an uncontested divorce may be the best way for you to move forward.

Uncontested Divorce Attorney Winter Garden FL

An uncontested divorce attorney in Winter Garden FL can help save you money. For starters, uncontested divorce generally does not require a process server and therefore there is no summons fee charged by the clerk of court. This could result in substantial savings. Further, an uncontested divorce can allow spouses to pre-litigate/settle ALL of their issues without any litigation. Rather than spending months or years tied up in a bitter struggle, spouses are welcome to retain Jacobs Law Firm to make their divorce affordable. Leave more of your hard-earned money to your children, and have more funds available to start your post-marital life without hardship and financial distress.

Traditionally, an uncontested divorce means both sides have decided how best to co-parent (provided the case involves minor children), how to allocate for the children’s time with each parent, and which parent will be the primary school parent (if this is a crucial issue in your case). Moreover, your uncontested divorce attorney Winter Garden FL will provide insight into the best approach to equitably (fairly, reasonably, and justly) dividing your marital assets and liabilities. The division of cars, homes, bank accounts, retirement accounts, credit card debts, student loan debts (etc.), is best done with guidance from an attorney trained experienced with litigation and uncontested divorce in Winter Garden FL.

When you are ready to resolve all of your issues amicably and speak with a Winter Garden Divorce Attorney, call Jacobs Law Firm at 407-335-8113. Speak with Attorney Jonathan Jacobs about all of the issues you are concerned with and find out how we may help save you money and move on without the bitterness associated with divorce litigation.

Does Florida Have A Waiting Period For Divorce

Does Florida Have A Waiting Period For Divorce?

Does Florida have a waiting period for divorce? Unless there is a factual argument for an expeditious or urgent divorce decree, lawyers and pro se litigants generally submit to the family law and divorce court, a proposal for final judgment after twenty (20) days have elapsed. This waiting period for divorce in Florida is 20 days from the date of filing as date and time stamped in the court file/record. Your uncontested divorce attorney may file your completed case pleadings and related documents within days. However, the Court usually adheres to the 20-day Rule to prevent fraud and other misunderstandings or abuses. This means that on day twenty-one (21), most divorce cases are eligible to be finalized. Call Jacobs Law Firm at 407-335-8113, affordable family lawyer and flat fee divorce attorney Orlando today for a consultation to discuss your unique case.

Waiting Period For Divorce In Florida

The approximately three-week waiting period for divorce in Florida exists because of Florida Statute § 61.19. Florida Statute 61.19 is essentially a pronouncement of public policy. The Statute dictates the timing of the filing versus the possible signing of a final judgment in a divorce case by your family law judge.

Let’s more succinctly answer the question, does Florida have a waiting period for divorce? According to the Statute, an entry of final judgment may not be entered until at least twenty (20) days have elapsed. This is known as the waiting period. This brief delay is a matter of both procedure and public policy. Twenty days is a reasonable amount of time for litigants to determine if their agreements are accurate and continue to represent their own and their children’s best interests.  

waiting period for divorce In Florida

Florida Statute 61.19 tells 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.” Therefore, the waiting period for divorce in Florida can be as little as one day if a case is filed promptly and there is justification for a faster final judgment to be ordered. Typically, even with an uncontested divorce, the parties are generally encouraged to wait for the statutory period unless the circumstances warrant an expeditious conclusion to the case. Call 407-335-8113 today.

Final Divorce Decree Florida

Final Divorce Decree Florida

Clients often express surprise that we generally may not ask the family law and divorce court for a final judgment the day we file their case. A reason we wait approximately three weeks from the date of filing to ask for your final divorce decree Florida to be granted is because of Florida Statute § 61.19. Florida Statute 61.19 governs the timing of the entry of a final judgment in a dissolution of marriage case. Does Florida have a waiting period for divorce? According to the Statute, an entry of final judgment may not be entered until at least twenty (20) days have elapsed. This is known as the delay period. There is an interesting distinction in the language you have just read. Call Jacobs Law Firm at 407-335-8113, flat fee divorce attorney Orlando today for a consultation.

Final Judgment of Dissolution of Marriage

The official language of Florida Statute 61.19 provides: “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.” A final divorce decree Florida may not be granted until 20 days after the filing of the ORIGINAL petition for dissolution of marriage. This means a divorce may be granted shortly after a filing of an amended petition for divorce provided twenty days have elapsed since the original had been filed. Timelines are important in dissolution of marriage cases and rules exist to protect one or both litigants and the integrity of the court.

florida statute 61.19

Florida Statute 61.19

Consider the District Court of Appeals case of Magaziner v. Magaziner, 434 So. 2d 10, 11 (Fla. 3d DCA 1983). See Also Golub v. Golub, No. 5D21-421, 2021 WL 1326316, at *5 (Fla. 5th DCA 2021). In Magaziner the Court heard a case in which a final judgment was entered prior to the lapsing/expiration of the statutory 20 day waiting period. The District Court conceded the trial court’s procedural error in its early entry of final judgment. However, the Magaziner Court found there “was no showing in the record that injustice would result from the statutory 20-day delay”. Therefore, a Rule was violated, but that early entry of final judgment did not impact the outcome of the case. This should not encourage a violation of the Rule, but it should be a cause for concern as a judgment could be at risk if the Rule of Florida Statute 61.19 is not followed. If you intend to ask the family court for an early entry of final divorce decree Florida, there should be a mutual agreement of the parties and a valid reason justifying that time is of the essence. Call Jacobs Law Firm at 407-335-8113, flat fee divorce attorney Orlando, uncontested divorce attorney Orlando today for a consultation.

pasco county uncontested divorce

Pasco County Uncontested Divorce

Contact Jacobs Law Firm to start your Pasco County uncontested divorce today. A Pasco County divorce attorney can help make your divorce affordable and as amicable as possible. Among the differences between a contested and an uncontested divorce in Pasco County, FL is an amicable divorce is generally resolved before a case is filed with the family law circuit court. This means that your divorce attorney in Pasco County will assist with drafting all of your documents and seeking to have all required signatures and notarizations complete before the case is filed. Contact Jacobs Law Firm for a consultation about your uncontested divorce in Pasco County, FL at 407-335-8113.

A Pasco County uncontested divorce may involve minor children. When minor children are involved in your family law case, a parenting plan is required, both parties must fill out a financial affidavit, and if child support is not already handled with the Department of Revenue, child support guidelines worksheets are generally submitted to the court. The parenting plan may involve a long-distance arrangement. The number of overnights should be specified, and a vast number of issues regarding parental responsibility and parental roles should be decided and codified.

Affordable Pasco County Divorce Attorney

A Pasco County divorce attorney will assist with (likely draft) a marital settlement agreement for you. This marital/property settlement agreement in your divorce will determine how your marital assets and liabilities are to be equitably distributed in the context of your dissolution of marriage. The property settlement agreement may involve the disposition of homes, cars, personal property, retirement funds, and more. Many litigants utilize their financial affidavits for reference while drafting the agreement. This may assist with ensuring all marital assets and liabilities are accounted for in your uncontested case.

Pasco County Divorce Attorney

Affordable Divorce Pasco County

Should your divorce involve relocation (one party is moving more than 50 miles away from his/her present location), a long-distance parenting plan will be required. Furthermore, your divorce attorney in Pasco County will need to ensure the long-distance parenting plan meets the specific requirements set forth by the court to ensure continuous and meaningful contact among the parents, should the parents prefer such an outcome.

As a Pasco County divorce attorney, Jacobs Law Firm assists clients with their Pasco County uncontested divorce cases. If retained, this service can be as extensive as drafting all required documents for clients, filing their documents, and arranging for the case to be completed through a final judgment for dissolution of marriage. Call 407-335-8113 to speak with a divorce attorney in Pasco County and start your uncontested divorce in Pasco County FL.

tavares divorce attorney

Tavares Divorce Attorney

Jacobs Law Firm and Tavares Divorce Attorney Jonathan Jacobs and his team represent and welcome clients from Leesburg, Tavares, Groveland, Eustis, Mount Dora and all of Lake County, Florida. With offices in Lake County and Orange County, Florida, Leesburg divorce Attorney Jonathan Jacobs litigates cases involving issues such as the equitable distribution of marital assets (the parties and/or the court must separate nonmarital from marital property) and liabilities (debts and loans, etc.), child custody and timesharing matters where a parenting plan is negotiated or litigated, child support (cannot be waived), pet ownership, alimony (short term, permanent, etc.) and more. To schedule a consultation, call 407-335-8113 to speak with us a divorce attorney Tavares and divorce attorney Leesburg about your unique divorce or paternity case. Jacobs Law Firm enjoys working with great clients, offer flat fee and installment payment plans and look forward to speaking with you. Ask us about an uncontested divorce in Tavares!

Divorce Attorney Tavares

As a Tavares divorce attorney, we recognize that family law and divorce cases often involve two primary issues. These issues are timesharing with the minor children (formerly known as child custody) and determining the appropriate amount of child support for the benefit of the children. A general guideline is that overnight timesharing with minor children is presumed to be equal or close to 50/50 unless the facts of the case warrant a different result. Frequently, litigants prefer to have majority timesharing because they are concerned the other parent is irresponsible or unavailable to care for the children. The history between the parties is often a determinant of the position the primary parent (historically) will take in the litigation that follows. A Leesburg divorce attorney can help guide you through this difficult time in your life.

Leesburg Divorce Attorney

Leesburg Divorce Attorney

Leesburg divorce Attorney Jacobs understand that alimony and child support are vigorously litigated financial issues impacting your family’s financial future. It is important to retain counsel that understands your struggles and can provide you with the best legal advice and strategy for your legal battle. A Tavares divorce attorney recognizes the nuances of financial issues in your family or divorce case. This is among the primary reasons the discovery process is of vital important. Mandatory disclosures may just the foundation for building a case, but in many cases, the court’s standard requirements are just the beginning.

Tavares divorce attorney and Leesburg divorce Attorney Jonathan Jacobs of the Jacobs Law Firm represents great clients throughout Lake County, Florida and the surrounding counties when you need us the most. Call 407-335-8113 for your consultation. Your rights and responsibilities are important.