Category: Florida Law Blog

Weekend Timesharing in Florida Child Custody Cases

Weekend Timesharing in Florida Child Custody Cases

Responsible working parents often advocate for a customized child custody agreement in divorce and/or paternity family law cases. Weekend timesharing in Florida child custody cases is both a necessity in many cases, and a financial challenge. Being a reasonable parent with an understanding of your work schedule and the amount of time you have available to spend with your children is honorable and makes sense when the children’s best interest is at issue. The most commonly posed questions for parents seeking weekend timesharing are: 1. What kind of custody is every other weekend? 2. Can a father get every weekend? 3. How many overnights is 70 30? And 4. What does a 70/30 schedule look like? For information about timesharing and child custody, call Jacobs Law Firm divorce attorney Orlando, divorce attorney Clermont Florida 407-335-8113.

What Kind of Custody is Every Other Weekend?

Weekend timesharing in Florida child custody cases can mean (with certain exceptions) every weekend, every other weekend, or three-four weekends per month. Weekends can be short from Friday night to Sunday afternoon, or long from Friday afternoon/evening until Monday morning at school drop off time. Parenting plans are generally different for each set of parents. They are entirely customizable and there are no right or wrong parenting plans provided the best interest of the children is at the forefront of the planning.

What Kind of Custody is Every Other Weekend

What kind of custody is every other weekend? Stemming from weekend timesharing in Florida child custody cases, what kind of custody is every other weekend? Custody/timesharing every other weekend amounts to about 26 weekends per year unless there is superseding holiday and summer timesharing. The weekend warrior parent will pick up the kids on a Friday afternoon and drop them off at a mutually agreed location on Sunday at a specified time or Monday morning for school.

Can a father get every weekend in a parenting plan? Absolutely. However, the school/routine timesharing parent generally objects to this arrangement because both parents should be able to have free time and/or vacation time to bond with their children.

How many overnights is 70 30 which is essentially weekend timesharing in Florida child custody cases? 70 30 timesharing amounts to approximately 110 overnights for one parent and 255 overnights for the other timesharing parent. This of course may be affected by holidays and summers and will provide a basis for child support.

Ultimately, when making a Florida parenting plan, consider what is best for your children and your work schedule. What kind of custody is every other weekend? There is no one absolute perfect plan because life happens. Call Jacobs Law Firm, divorce attorney Orlando, divorce attorney Clermont Florida 407-335-8113.

Covid 19 And Child Custody In Florida

Covid 19 And Child Custody In Florida

Covid 19 and child custody in Florida is a hot topic among family lawyers and divorce attorneys. Florida family law cases during Covid 19 generally involve minor children. There are many instances where parents may be exposed to Covid or may be ill with Covid and need to quarantine. This may occur during a parent’s timesharing per the terms of the court-ordered/enforced parenting plan. In other instances, the minor children may contract Covid and there is a risk that one or both parents may become exposed and or sick. Coronavirus/Covid-19 is generally classified as a public health crisis. The virus impacts many domestically and globally. Florida family law cases during Covid 19 therefore have become more complicated legally, psychologically, and by means of co-parenting during times of crisis. Covid 19 and child custody in Florida is a topic litigant may wish to address during their family law case or perhaps after a case has already been decided. These issues may involve health insurance for your minor child. For more information, please contact the Jacobs Law Firm at 407-335-8113.

Covid 19 and child custody in Florida may involve an interruption of timesharing. When one’s time with their child(ren) is canceled it often leads to legal fights and the parties end up in court dueling. While not all subsequent lawsuits are preventable, perhaps responsible parents will consider adding language to their parenting plan (if the case is ongoing or if the case has been finalized). While the nature and specifics of the language one may add during Florida family law cases during Covid 19 is not for us to suggest until or unless we are retained on a case, consider the following issues/dilemmas.

Florida family law cases during Covid 19

Florida family law cases during Covid 19

Florida family law cases during Covid 19 may involve situations where interruptions of timesharing occur. Generally, when this happens under routine circumstances, a parent decides to withhold timesharing temporarily. One can understand how responsible and loving parents would do this and if being denied timesharing, react with great concern about being denied their time. Covid 19 can lead to severe health issues for children and parents. Perhaps because of the potential severity of the virus, parents will include in their parenting plan some language about safeguarding their children, or compensatory visitation. This can lead to mutual love and affection and understanding and it may (even if uncomfortable) help the child(ren) recover under ideal circumstances.

Covid 19 and child custody in Florida is a topic under consideration by family law courts and attorneys alike. There is much yet to be determined and there are many differences in the manner in which we as parents and/or legal professionals approach this issue/topic. Attorney Jacobs may be reached for a consultation by calling 407-335-8113.

This article is not intended to provide any health advice as we are not physicians. It is merely referential.

Ocala Uncontested Divorce Attorney

Ocala Uncontested Divorce Attorney

Ocala Uncontested Divorce Attorney Jonathan Jacobs offers insight into the process of obtaining an uncontested divorce Ocala FL. As your attorney, the Jacobs Law Firm will first have you fill out our client intake sheet, which is conveniently fillable and easy to save. This intake form will provide us with the information required for your filings, pleadings, and give us an overview of the issues involved your case involves. Once we have received your intake form, we will speak with you again by phone to go over reasonable solutions to your equitable distribution (splitting of marital assets and liabilities) issues that need to be resolved for your uncontested divorce Marion County FL to remain amicable. In order for your proceeding to be uncontested, we ask that all of your issues be resolved prior to filing your case to avoid additional litigation. Call 407-335-8113 today to speak with your Ocala Uncontested Divorce Attorney.

Uncontested Divorce Ocala FL

Our next step in you uncontested divorce Ocala FL is to draft your documents as required by the family law circuit court. For example, if your uncontested divorce in Marion County FL involves minor children, there are issues beyond the division of marital assets and liabilities. We will need to consider your everyday routine with the kids. A carefully created parenting plan can provide for some stability and regularity not only for your children, but also for you, the parents. Many of us are fortunate in our careers and are able to structure our work hours around our children. The kids will see both parents (barring some circumstances that make that undesirable) with continuous visitation according to a set schedule that is in the children’s best interest. Ocala Uncontested Divorce Attorney Jonathan Jacobs will guide you in drafting your own parenting plan or produce a more complex and elegant parenting plan for you. The choice is yours as this is intended to be an amicable process. Of course, once the parenting plan is agreed to, and your financial affidavits are ready, we will utilize an attorney software to calculate child support obligations.

Uncontested Divorce Ocala FL

Ocala Uncontested Divorce Attorney

In all of the uncontested divorce Marion County FL cases for which we provide representation, a marital settlement agreement is generally considered to be mandatory. A marital settlement agreement equitably divides marital assets and liabilities. Questions such as: Who will remain in the marital home?, Will your house be partitioned and sold?, How much money will each party receive from marital retirement accounts?, and How will the bank accounts be apportioned among the spouses? must be answered and specified in your agreement. As your Ocala Uncontested Divorce Attorney, we provide guidance during this process and offer insight into the manner in which other divorcing spouses have decided to resolve their issues amicably. Has Covid 19 been an issue or a concern for your family as you are going through your family law case?

uncontested divorce Marion County FL

When you are prepared to move forward with retaining the Jacobs Law Firm to represent you in your uncontested divorce Ocala FL, call us at 407-335-8113. We are happy to offer an introductory free consultation to discuss pricing and the process of obtaining a divorce.

Irretrievable Breakdown Of Marriage Florida

Irretrievable Breakdown Of Marriage Florida

What is irretrievable breakdown of marriage Florida? Florida Statute 61.052(1)(a-b) states that a final judgment for divorce / dissolution of marriage may be granted when there is proven mental incapacity of one of the parties, or when the marriage is “irretrievably broken”. An irretrievably broken marriage in Florida is a marriage where one spouse, or both spouses believe the marriage cannot be saved and should end. This is a broad standard, much like irreconcilable differences, where there isn’t one absolute definition. This nebulous standard leads to a lot of misunderstandings and confusion. Call the Jacobs Law Firm, divorce attorney Orlando, Orlando uncontested divorce attorney, and we will provide you with some guidance with your divorce. Dial 407-335-8113.

What is Irretrievable Breakdown of Marriage Florida?

An irretrievably broken marriage in Florida might mean there is marital infidelity and one spouse is in love with another person. It could mean that financial troubles have cause the marriage to collapse. From a different perspective, perhaps one spouse is an absentee parent and the primary parent demands a greater commitment to mutually raising the children and that renewed commitment is not occurring. Marriages have no guarantees or warrants of success. They require constant teamwork and sensitivity and understanding. Has Covid 19 been an issue or a concern for your family as you are going through your family law case?

In order to satisfy the minimum requirement in a petition for dissolution of marriage in our State, the petitioner must allege that there is an irretrievably broken marriage in Florida. This signals to the family law circuit court judge that the marriage cannot be salvaged and the court should ultimately grant the litigants a divorce.

 irretrievably broken marriage in Florida

Infrequently , out of an abundance of caution, certain family law judges will ask the parties if their marriage can be saved. This may include a mention of marriage counseling. However, this sort of remedy is generally made available when there is a child involved in the divorce action. The Statute provides that:

“(b) When there is a minor child of the marriage, or when the responding party denies by answer to the petition for dissolution that the marriage is irretrievably broken, the court may:

1. Order either or both parties to consult with a marriage counselor, psychologist, psychiatrist, minister, priest, rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or [in theory, a mental health professional may be able to circumvent or relieve the stress of the irretrievable breakdown of marriage Florida]

2. Continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation; [90 days can feel like the blink of an eye or like a long time for healing] or

3. Take such other action as may be in the best interest of the parties and the minor child of the marriage. [this is another catch-all standard].

If you are involved in an irretrievably broken marriage in Florida, call Attorney Jonathan Jacobs for the help and guidance you need at 407-335-8113.

florida divorce venue

Florida Divorce Venue

Florida divorce venue is a legal concept that requires an in depth analysis. Choosing the proper venue in a contested dissolution of marriage case demands a careful assessment of Florida Statutory and case law. Venue is generally defined as the circuit court where a civil/family case must be heard, or where it may be properly adjudicated. If your case is contested and both sides want to litigate in a different county, how will the court decide where venue is proper? In this article, we will review case law precedent for guidance regarding the Florida Divorce Venue Statute. For answers to your important questions call the Jacobs Law Firm at 407-335-8113.

First, to determine Florida Divorce Venue we look backward to the seminal ruling from the Florida Supreme Court wherein the Court issued a ruling based in part on Florida Statute 47.011, the Florida Divorce Venue Statute. This Statute provides: “Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.” This Statute applies with certain additions and exceptions based on case law and a plethora of facts. In Carroll v. Carroll, the Court rules: “For purposes of venue in dissolution of marriage proceeding, the “cause of action” arose in county in which spouses were last present with a common intent to remain married, rather than county in which wife assuredly realized that marriage was irretrievably broken when husband came to such county and took away car four days after wife left spouse’s home. West’s F.S.A. § 47.011. 341 So. 2d 771 (Fla. 1977).

florida divorce venue statute

Translation? The county (examples include Orange County, Seminole County, Lake County, Osceola County) where the spouses lived together and intended to remain married (prior to one party moving somewhere else contemplating divorce) is likely the proper county for an action of dissolution. Further strengthening this principle is a more recent case, Smith v. Smith where the Court reasoned (applying the Florida Divorce Venue Statute) that the “Divorce cause of action accrued in Pinellas County for purposes of venue statute where parties last lived together in Pinellas County with intent of remaining married there, and marriage became irretrievably broken in Pinellas County when wife moved out of marital home because husband wanted to get a divorce.” West’s F.S.A. § 47.011. 430 So. 2d 521 (Fla. 2nd DCA 1983)

Florida Divorce Venue Statute

Let’s again return to the wisdom of the Florida Supreme Court in Carroll v. Carroll, for a further analysis of Florida divorce venue, “To protect the beneficial purposes of both the marriage dissolution legislation and the venue statute, we are required to look, not for the county or the scattered counties where the breach may be said to have occurred, but to the single county where the marriage last existed. In that county the intact marriage was last evidenced by a continuing union of partners who intended . . . to remain married, indefinitely if not permanently. 341 So. 2d 771, 772 (Fla. 1977). Of course, the parties did not intend to remain together permanently or there would be no filing for divorce. Naturally, the Court did not want to create forum shopping for the most advantageous divorce circuit court. It serves many purposes to identify one circuit court where an action may be brought with relative certainty it is the correct choice of venue.

Following this logic, “If a petition seeking modification of divorce decree is filed in a county where venue is appropriate, it is improper to transfer the venue to another county merely because venue also would have been proper in the other county…” Amir v. Gannon, 896 So. 2d 793 (Fla. 5th DCA 2005). In other words, years later one former spouse petitions the court for a deviation of child support or alimony. That party is not able to reverse jurisdiction without a proper analysis and factual finding that another county is now more appropriate. After all, a petition can and likely will be dismissed for lack of proper venue.

In a ruling subsequent to Carroll v. Caroll, the Florida Supreme Court colorfully wrote “Venue is not a vehicle that rolls around on wheels nor a vessel that sails the borders of the state. Venue cannot be hauled from county to county like a sack of potatoes upon the theory of ‘where the property in litigation is situated’”…Richard Bertram & Co., 155 So.2d at 412. Goedmakers v. Goedmakers, 520 So. 2d 575, 580 (Fla. 1988)

When you need answers to your questions about Florida Divorce Venue and the Florida Divorce Venue Statute is not enough to formulate a conclusion, call us at 407-335-8113.

modify alimony florida

Modify Alimony Florida

Are you a former husband or former wife seeking to modify alimony Florida? According to Florida case law, the statutory right to modification (Florida Statute § 61.14(1)(a)), unless specifically waived (in writing in a marital settlement agreement or otherwise), is incorporated as a matter of law (automatically) in any agreement or judgment (court order after trial) providing for alimony. Rosenthal v. Rosenthal, 199 So. 3d 541 (Fla. 1st DCA 2016). It is true that parties to a marriage may waive their statutory right to seek modification of alimony provisions in a marital settlement agreement provided the language in the MSA clearly and unambiguously expresses the parties’ desire for a waiver, or in the alternative, if the reading/interpretation of the parties’ agreement or judgment taken in its entirety can lead to a conclusion only of a waiver of said right to alimony. Non modifiable alimony in Florida is more of the exception to the general rule. Call Attorney Jonathan Jacobs of the Jacobs Law Firm to ask about how to modify alimony in Florida. Dial 407-335-8113 today.

Provided the parties may modify alimony in Florida because there is no waiver of modification, when confronted with a party’s request to modify alimony, a court should follow the steps it performed at the outset of the case. This means a court should consider the parties’ income, the payee’s need for alimony, and the payor’s ability to pay. Need and ability to pay are the touchstones of alimony awards and modifications. Dunn v. Dunn, 277 So. 3d 1081 (Fla. 5th DCA 2019).

NON MODIFIABLE ALIMONY FLORIDA

To modify alimony Florida, the moving party must justify the modification of an alimony award by showing: “(1) a substantial change in circumstances, (2) that was not contemplated at the time of the final judgment of dissolution, and (3) that is sufficient, material, involuntary, and permanent in nature.” Florida Statute § 61.14(1)(a). What is a substantial change in circumstances? There are examples in case law, but every case is unique. That may seem vague so consider your own facts. Has your job been eliminated? Is it possible to find substitute employment for similar wages? Does your profession now demand a different educational standard that you do not qualify for and your job has been terminated? There are many unique and unfortunate financial downturns happening because of Covid and electoral politics (hopefully both are temporary).

Not contemplated at the time of the final judgment means thvat if it was reasonably understood or foreseeable that your economic circumstances would change, it may be difficult to modify alimony in Florida. If a spouse knew they would be retiring in two years, agreeing to a high amount of alimony may be a challenging obstacle to overcome. The involuntariness and permanency standard is perhaps the toughest to prove and requires substantial evidence for a good showing of proof. See Golson, 207 So. 3d at 325; see also Gelber v. Brydger, 248 So. 3d 1170, 1173 n.1 & n.2 (Fla. 4th DCA 2018); Dogoda v. Dogoda, 233 So. 3d 484, 488 (Fla. 2d DCA 2017). Befanis v. Befanis, 293 So. 3d 1121, 1123 (Fla. 5th DCA 2020). This all presupposes you have not waived your right with non modifiable alimony Florida.

Non Modifiable Alimony Florida

Jonathan Jacobs is a divorce attorney Orlando and a divorce attorney Clermont FL dedicated to assisting his clients with their divorce and family law litigation. Call us for a consultation when you need to modify alimony Florida.

Divorce Process in Florida

Divorce Process in Florida

Florida is a no fault divorce state. This means that the petitioning party (person who files for dissolution of marriage) does not need to prove the marriage is broken (irreconcilable differences). This policy makes the divorce process in Florida relatively clear. The Florida divorce process involves some initial steps that we can outline for you in general terms. Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida with knowledge of the steps in a divorce in Florida. Schedule your consultation today and start planning for your future. Jacobs Law Firm may be reached at 407-335-8113.

Steps in a Divorce in Florida

The steps in a divorce in Florida first involve deciding whether divorce is appropriate for you, your spouse, and your children (if any). Once you have decided to obtain a dissolution of marriage, the initial divorce process in Florida involves retaining a divorce attorney capable of litigating your case. Your lawyer will help you organize your personal and financial information, evidence, and potential exhibits in order to streamline the process of dissolving your marriage. The timeline for divorce in Florida (generally speaking) may take as few as 21 days if uncontested or if the Respondent is defaulted, or many months if the case is highly litigated.

Steps in a divorce in florida

Once our office has collected your essential information, we will schedule a longer consultation with you to explain the Florida divorce process and attempt to match the facts of your case with Florida marital law. Our consultation is designed to inform you about the process, and to help you understand the role the court may play in your divorce.

Florida Divorce Process

Technically, the divorce process in Florida officially begins when a petitioner files his/her divorce pleadings and related documents with the appropriate family law circuit court. The initial pleadings and related documents may include the Petition for Dissolution, Notice of Social Security Numbers, Uniform Child Custody Jurisdiction and Enforcement Act, Financial Affidavit, a Civil Cover Sheet (automatically generated in most cases), Notice of Related Cases, and a Notice of Confidential Filing Within Court File. This is not an all-inclusive or exclusive list of what must be filed, or what you may require, but it is generally helpful to make a list of the documents you require for your case to move forward in a timely manner. Organization is vital to the dissolution process.

When you are ready to speak with a family law attorney about your contested or uncontested divorce, call us for a free phone consultation. 407-335-8113.

Summary Judgment in Florida family law

Summary Judgment in Florida Family Law

Searching for information about summary judgment in Florida family law? A family lawyer and divorce attorney often must litigate complex issues that require extensive research and the matching of unique facts to specialized laws. A seldom used aspect of a family lawyer’s proverbial toolkit is a Motion for Summary Judgment. Summary judgment in Florida family law is intended to determine with finality whether there is any “genuine issue of material fact” in controversy. What does this mean in laymen’s terms? A genuine issue of material fact means that each side disagrees about an allegation/fact. For instance, Petitioner claims Respondent has been verbally abusive to the parties’ child and Respondent argues it never happened and as such the allegation is a fabrication. Having a disagreement over a key fact, there is a genuine issue to be litigated and a case may not be appropriate for summary judgment at that time. Jonathan Jacobs is a divorce attorney Orlando and family lawyer Clermont Florida. Call 407-335-8113 today for a family law consultation.

Family Law Rule of Procedure 12.510 “Summary Judgment” is modeled after its sister Civil Rule of Procedure that sets the standard for summary judgment motions. Despite applying to family law, the Rule largely describes civil matters and, in many ways, leads only to inferences and loose assertions how the Rule may apply to a family law case. Hopefully this article will partially demystify the summary judgment in Florida family law Rule.

Summary Judgment Florida Family Law

Summary Judgment in Florida family law is rarely tested in court and historically has been litigated only in actions for modification of child support. If a motion for summary judgment is seldom made in family law, in what other situations may it be applicable? Here is one such factual predicate.

Petitioner files a Supplemental Petition for Modification of Timesharing, Parenting Plan and Child Support. The Respondent is pro se (self-represented) or is represented by counsel that is inexperienced in countering a Supplemental Petition. Respondent files a Motion to Dismiss which is denied or outright fails to file a Motion to Dismiss. Instead, Respondent answers the Petition for Modification and files a Counterpetition. The Petitioner’s facts do not support a modification of the parenting plan and the Respondent’s failure to properly litigate a Motion to Dismiss has unnecessarily caused the case to move to mediation and perhaps noticed for a full day of trial. The case never should have been allowed to progress on its absence of triable facts/merits. Once an Answer and/or a Counterpetition has been filed, a Motion to Dismiss is off the table procedurally. The Respondent is disempowered, unless he or she files a Motion for Summary Judgment in Florida family law. This is no simple matter as it is highly technical and rarely has been battle tested in family law court.

In our hypothetical Supplemental Petition, Petitioner’s main allegation is that the live-in girlfriend of the Respondent/Father was arrested for driving while intoxicated (DWI). Superficially, this seems like a provocative fact that will allow a Petitioner to modify a parenting plan. However, looking deeper into the situation, we find the girlfriend was alone in the car while the minor child was safe at home with the Father. No accident occurred, nobody was injured, and the girlfriend was given pre-trial diversion by the prosecutor. Now, what once appeared to be a scandalous fact in the favor of the Petitioner is really just a fact, and a fact that will not overcome the extraordinary burden of Florida Statute 61.13 defining a substantial change in circumstances as something that is substantial, material, and unanticipated at the time of the Final Judgment.

A Motion to Dismiss would likely have resolved with the case being removed. Now, having progressed due to the failure of due diligence and/or litigation strategy of/from the Respondent, all that remains in the arsenal of the Respondent and Respondent’s counsel is to file a Motion for Summary Judgment. Respondent must demonstrate to the Court the case cannot proceed on its merits and that no facts are in dispute. Summary judgment in Florida family law is a viable and powerful force in litigation when no other alternative remains.

Call Attorney Jonathan Jacobs if you need help dismissing or removing a Supplemental Petition for Modification that has been filed against you unfairly without sufficient grounds for a modification. Dial 407-335-8113 for your consultation about Summary judgment in Florida family law.

divorce rate florida

Divorce Rate Florida

Writing about the divorce rate in Florida and the divorce rate in America is a delicate proposition. Although there may be hundreds of social, cultural, economic, political, and a myriad of other reasons explicating this recent divorce phenomenon (a temporary/ephemeral predicament ideally), as a divorce attorney in Orlando, we will provide a few reasons divorce may be on the rise and let our readers contemplate their agreement or disagreement with our examination. Call Jacobs Law Firm to speak with a flat fee divorce attorney Orlando, 407-335-8113.

The divorce rate in America for the first four months of the Covid-19 pandemic was said to have “skyrocketed”. Our practice received more calls for divorce and paternity lawsuits from March-June of this year. The divorce rate Florida may be leveling off as people are returning to work and as kids are being welcomed back to school (bricks and mortar or online). Let’s delve into this trending issue.

Divorce Rate in Florida

The divorce rate in Florida experienced a spike because people’s careers (this is not intended to implicate/apply to every marital couple) may have been interrupted. The aftermath of these disruptions of people’s regular work hours, changing of their work schedules, furloughs, and employment terminations was brutal. Marriages felt the impact of an inability to pay their regular bills/expenses. This caused discontent, and in many cases psychological issues such as depression. Beyond the obvious impact of economic uncertainty, work interruptions brought spouses together on an everyday basis. Some worked from home inhabiting the same space. Others spent more time together than had been the case in months or years. Couples that had preexisting marital problems faced increased uncertainty and anxiety and tensions rose. What once may have been acceptable became a cause for discontent.

Another reason the divorce rate Florida rose dramatically earlier this year is (regrettably) because of childcare. Some career people were forced to at least temporarily abandon their career to take care of their kids at home. During a pandemic, few people feel safe sending their children to school. Virtual school is not a simple process; in fact, it is flawed. Kids need supervision even when attending school online. Meal preparation, help with homework, and ensuring children are actively participating in virtual classes are just a few parental responsibilities that must be considered. The abandonment of one’s livelihood can cause bitterness even if the result is the children as better nurtured and parented.

The last reason the divorce rate in Florida increased this year is because of politics. Without delving into any political position or party or ideology, the political strife in our nation is thrusting national issues into homes across our country. Politics is inherently divisive. In times of great tumult and stress, one can imagine that political disagreement does not always help perpetuate a marriage when times are tough.

This article about the divorce rate Florida is intended to be a thought-provoking piece. We would like to hear from you. Feel free to disagree, as discussion and awareness of major issues is a beautiful thing.

Notice of Divorce Hearing in Florida

Divorce Notice of Hearing in Florida

When thinking of divorce notice of hearing in Florida, consider the seminal Florida family law case of Loudermilk v. Loudermilk, 693 So. 2d 666 (Fla. 2d. DCA 1997). The Loudermilk case established the cornerstone for what constitutes a true emergency situation within the context of an emergency child pick up order or an emergency motion for child custody/timesharing. The Loudermilk Court decided that for a family law court to grant one parent temporary custody of child without affording notice to the other parent, one of two facts/situations must be true: 1. Where the child is threatened with harm, or 2. Where other parent plans to improperly remove child from state. Proper removal of a child pursuant to a parenting plan, or a 100% timesharing custodial parent’s decision is not necessarily improper. These analyses require what we call a totality of the circumstances assessment. Contact an emergency child pick up order attorney in Orlando today for the help you need in securing your parental rights 407-335-8113 and giving proper divorce notice Florida.

Divorce Notice in Florida

Regarding divorce notice Florida for scheduling hearings, Loudermilk recites constitutional law in making it clear the bedrock of due process must be honored, “Failure to give notice to opposing party of hearing on motion for temporary custody of child, absent true emergency, deprives opposing party of right to procedural due process.” U.S.C.A. Const. Amend. 14.

A fairly recent decision about divorce notice of hearing in Florida (though there have been many cases that Loudermilk spawned), Ferris v. Winn, 242 So. 3d 509 (Fla. 2d. DCA 2018) cites constitutional law in support of the furtherance of Loudermilk, “To satisfy procedural due process, fair notice must be of such nature as reasonably to convey the required information, and it must afford a reasonable time for those interested to make their appearance while the opportunity to be heard must be at a meaningful time and in a meaningful manner.” Borden v. Guardianship of Borden–Moore, 818 So.2d 604, 607 (Fla. 5th DCA 2002). What does this mean in plain terms?

Fair and reasonable divorce notice in Florida must be afforded to the parent against whom a motion has been filed with the court. That notice should provide the respondent reasonable time to reply and prepare, and the parent should have enough time to make arrangements to appear before the court.

In Ferris, the Court decided that 19 hours of notice (the notice was provided by e-mail) was insufficient insofar as it deprived the opposing party of due process, and deprived the opposing party of a meaningful opportunity to be heard.

Call an emergency child pick up order attorney in Orlando today for the help you need in securing your parental rights 407-335-8113. The Jacobs Law Firm is here to help you!