Category: Divorce and Family Law

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.

How Long Does It Take For An Unlawful Detainer In Florida

How Long Does an Unlawful Detainer Take in Florida?

How long does an unlawful detainer take in Florida? The minimum amount of time for your unlawful detainer case to be resolved is approximately 4 weeks and likely will take longer. For that rare timeframe to occur, everything must be in the plaintiff’s favor and the court must act swiftly. Routinely, how long does it take for an unlawful detainer in Florida, is a question of the process itself as explained below. We can estimate 5-8 weeks at as a starting estimate. Below we consider a few different scenarios to help determine the timing of an unlawful detainer lawsuit in Florida. When you need an experienced unlawful detainer attorney on your side, call Jacobs Law Firm immediately at 407-335-8113. We litigate unlawful detainer cases in Orange County, Seminole County, Osceola County, Lake County, Polk County, Marion County, and elsewhere in Central Florida. Unlawful detainer may fall under the category of real estate and landlord tenant law, but it is not an eviction.

How Long Does It Take For An Unlawful Detainer In Florida?

How long does it take for an unlawful detainer in Florida? The unlawful detainer process starts when you have a guest or unwanted person(s) living in your house or apartment. That person refuses to leave and is creating an environment that is against your best interests. Perhaps you have called law enforcement and they have refused to remove that person without a court order. Your next step is to call your unlawful detainer attorney for help.

How long does an unlawful detainer take in Florida? Suppose we have concluded our consultation, examined the facts of your case, and your unlawful detainer case appears to have good facts with which to litigate. It takes (generally) 3-5 business days for your paperwork to be drafted and approved. Once your lawsuit is filed, the court may take 1-5 days to process your documents, and it can take days for your summons to be issued. Then comes the service of process, which can be tricky when unlawful detainer is the issue under litigation. Once served, which can take days or weeks (this may include your certificate of mailing), the defendant has five working days to respond or else they may face a default.

Once your unlawful detainer defendant has been served, if they do not respond, there still remains a rather sophisticated process for default to take hold. Should the defendant respond, then a hearing must be scheduled for the matter to be heard. Eventually, these cases may take up to 8 weeks or more depending on the court’s availability for a hearing and the court’s speed with issuing its decision. Call 407-335-8113 today to speak with Attorney Jonathan Jacobs about the process.

marion county unlawful detainer

Unlawful Detainer Marion County Florida

Looking to file an unlawful detainer Marion County Florida? The Marion County unlawful detainer process may be challenging but the end result in a majority of cases can be excellent. Unlawful detainer is a specific area of landlord-tenant and real estate law. The premise for this type of action is that you have someone in your home that is an unwanted and unlawful guest. The key word here is guest. This is not a renter, or a co-owner or a spouse. It is just a guest. Read on to find out more, and if you need an unlawful detainer attorney Marion County Florida, call Jacobs Law Firm at 407-335-8113. Hire us to litigate your case and take your home back in Ocala, Dunnellon, Silver Springs Shores, McIntosh, Belleview, Reddick, Fairfield and more!

An unlawful detainer Marion County Florida is about a key legal distinction. This person is not paying you regular rent. It is someone you may have invited, or who has just stumbled onto the property and refuses to leave. Sometimes law enforcement will provide help, but is many instances, even the police will let you know that the courts prefer you bring your complaint before the judge in county court. A judge will need to verify the facts of your case and make sure that your unlawful detainer attorney Marion County Florida has presented sufficient evidence and facts to make a proper argument for you Marion County unlawful detainer case. There can be many defenses in this kind of an action.

It is important that you choose a Marion County unlawful detainer attorney with knowledge of the nuances this type of legal action can bring to the forefront. Being a unique area of landlord-tenant law makes this kind of lawsuit challenging. To be successful you should hire counsel with experience and knowledge like the Jacobs Law Firm and Attorney Jonathan Jacobs.

Unlawful Detainer Attorney Marion County Florida

Unlawful Detainer Attorney Marion County Florida

Before you call or e-mail us about your situation, we ask that you verify just a few things for us. First, are you the owner or sole renter of the property? Is anyone paying you rent or mortgage payments? Do you have any history of co-ownership with the person you are seeking to remove from your property? An unlawful detainer Marion County Florida is a lawsuit that is brought by one or more plaintiffs for the removal of an unwanted guest unlawfully occupying your property. When you are ready to take your property back, call 407-335-8113 to speak with your Marion County unlawful detainer attorney.

Looking to file an unlawful detainer in Osceola County? Orlando? Lake County? Anywhere in Florida?

collaborative divorce orlando

Collaborative Divorce Orlando

You need to research collaborative divorce Orlando and how much does collaborative divorce cost near Orlando, FL. Here are some reasons you may need to speak with Jacobs Law Firm about an Orlando collaborative divorce. Orlando is a thriving city. Our tourism and hospitality industries are ever-expanding. The great news is many amazing professionals have relocated here for promotions and to pursue career opportunities. Often, when families move, or one or both spouses achieve career success, schedules can be demanding. Issues can arise and the stressors and strains can lead to a lack of communication and the breakdown of a marriage. When one or both spouses (and/or parents) work long hours, their primary focus may be on their job and kids, which might create a void in your marriage. If divorce in Orlando is absolutely necessary for you and your spouse, consider carefully the impact it may have on your career, finances, and most importantly, on your family. Jonathan Jacobs is a skilled collaborative divorce attorney near Orlando, FL. He is personable, caring, and dedicated to working with family-oriented professionals during their toughest times. Call 407-335-8113 today for the help you need with your collaborative divorce or uncontested divorce.

How Much Does Collaborative Divorce Cost Near Orlando, FL?

How much does collaborative divorce cost near Orlando, FL? Collaborative divorce Orlando may be more affordable than the alternatives. Consider these four factors: 1. Collaborative divorce offers you discretion. Your financial settlement will not be placed on display for others to intrude upon. 2. Collaborative divorce involves at least two collaborative professionals that are neutral in the process. A financial neutral will plan your equitable distribution, and a mental health professional will guide your parenting plan as well as help ensure you and your spouse communicate throughout the process in a meaningful way. 3. In a collaborative divorce, the attorneys must by law disengage once the process succeeds or fails. We may not litigate after representing you in a collaborative divorce. This helps to guide us toward encouraging you to remain true to the process. 4. A collaborative divorce takes place privately and if successful, the spouses make all of the decisions.

orlando collaborative divorce

Orlando Collaborative Divorce

An Orlando collaborative divorce generally starts at approximately $20,000. This is typically paid by both spouses from a retirement or other joint account. Each spouse’s attorney, the mental health professional, and the financial planner typically request a down payment of at least $5,000. Prices can be higher or lower depending on the time you require to finalize your case, and the level of expertise of each professional involved. A collaborative divorce is estimated to take between 5-8 months to complete depending on the level of urgency among the spouses, and the amount of issues involved in a case. When factoring in that a standard contested divorce ranges from $5,000-$10,000 before the parties get to mediation (not counting deposition and trial retainers), the cost of a collaborative divorce may seem even more appealing.

When you are ready to hire a divorce attorney Orlando practicing collaborative law, call Jonathan Jacobs at 407-335-8113. We are here to help YOU.

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. In some instances, spouses plan for a potential divorce by entering into a postnuptial agreement.

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. Did you know Jacobs Law Firm practices collaborative divorce in Florida? Find out if collaborative divorce is right for you!

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. Is there such a thing as legal separation in Florida?

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. Jacobs Law Firm practices collaborative divorce in Orlando, Florida. Find out if collaborative divorce is right for you as the cost may surprise you.

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. Did you know Jacobs Law Firm practices collaborative divorce in Florida? Find out if collaborative divorce is right for you!

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.