Tag: Timesharing

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.

How To Enforce A Child Custody Agreement In Florida

How to Enforce a Child Custody Agreement in Florida

If you need legal help from a divorce and family law/paternity attorney to answer how to enforce a child custody agreement in Florida, call the Jacobs Law Firm for help and guidance when you need it the most. Dial 407-335-8113 today. Your attorney may file a Motion for Enforcement (titled a Motion to Enforce Parenting Plan Florida or a Motion for Civil Enforcement/Contempt Florida Supreme Court Approved Family Law Form 12.960). This Motion does not need to include a count for contempt, though many argue it should. Consider several common situations among parents and decide how you may choose to respond. Placing yourself in the shoes of another parent is a challenge. It is only natural that the further removed two parents and/or former spouses are from their romantic relationship, there can be a degradation of trust about one another’s character and parental abilities and intentions. Over time, many parents see their communications dwindle and the resulting lack of information sharing may cause unforeseeable problems.

How To Enforce A Child Custody Agreement In Florida

How to enforce a child custody agreement in Florida is by considering whether you are prepared for additional litigation in your divorce or paternity case when there are minor children being affected. A Motion for Civil Enforcement/Contempt is designed to help a parent enforce a court-ordered parenting plan. A court has the discretion to enforce a parenting plan, and in doing so, may also hold the other parent in contempt which may involve certain financial or other severe penalties.

A Motion for Civil Enforcement/Contempt in Florida

A Motion for Civil Enforcement/Contempt in Florida is initiated by a parent that wants to inform the family law circuit court about the other parent’s inability, unwillingness, or outright refusal to comply with their Florida parenting plan. Timesharing is seldom honored to the letter of a parenting plan because life happens and circumstances change. Nevertheless, as mentioned earlier, clients may want to examine a few hypothetical situations and assess how you would respond. How to enforce a child custody agreement in Florida? Would you file the Motion for Enforcement only, or do you believe a count for contempt is the only way to assure the other parent’s compliance?

A Motion for Civil Enforcement/Contempt in Florida

In scenario #1, Parent 2 is supposed to drop the child off every Friday after school to Parent 1’s house by 6:00 P.M. Instead, Parent 2 brings the minor child home and Parent 2’s girlfriend supervises the child until 8:00 at night before transporting the child to Parent 1’s house. Parent 1 is suspicious of Parent 2’s girlfriend and does not trust her driving safety. Would you file a Motion for Civil Enforcement/Contempt?

In scenario #2, Parent 1 is supposed to follow the clause in the parenting plan about a right of first refusal. Instead, Parent 1 often leaves the minor child at home overnight while Parent 1 goes on a work trip or engages in social activities at night. Parent 2 does not want their child left with a babysitter overnight and wants Parent 1 to abide by the parenting plan by offering them the right to timesharing when Parent 2 is away. Would you file a Motion for Civil Enforcement/Contempt in this situation to enforce the child custody agreement?

In scenario #3, Parent 1 does not allow Parent 2 to have telephone or video communications with their kids even though the parenting plan clearly specifies this should happen every night at 7:30 P.M. Would you choose to file a Motion for Civil Enforcement/Contempt to ask the court to enforce this portion of the parenting plan?

During your hearing on enforcement and contempt, the judge will hear evidence, the testimony of the parties and their witnesses, and will decide how best to resolve the issues before the divorce or family law court. If the court determines the parenting plan has been violated, the court may order the offending party to pay for the movant’s attorney fees, order make-up timesharing, impose jail time, modify the parenting plan, and a host of other remedies may be applied.

How to enforce a child custody agreement in Florida is by standing up for your rights as a responsible parent. Florida family law courts generally prefer that litigants resolve their own differences and work together to parent for the best interest of their children. When there is no reasonable alternative and the facts allow for a good faith Motion For Civil Enforcement/Contempt, call the Jacobs Law Firm paternity attorney Orlando and family lawyer Orlando for help.

Florida Child Custody Laws

Florida Child Custody Laws | Child Custody in Florida

Florida child custody laws are primarily based on Florida statutory law. Child Custody in Florida is also supported, enhanced, distinguished and determined by Florida case law. Florida Statute 61.13(2-3) provides the factors that a Florida family law court uses to decide timesharing. Timesharing used to be referred to (and still is in many states) as child custody. Here in the State of Florida, child custody is known as and referred to as timesharing. Timesharing is the amount of overnights a parent will spend with their children. A Florida parenting plan will also specify many other forms of timesharing between parents and their children. According to Florida child custody laws, a parenting plan must specify the number of overnights parents will spend with their children. Jonathan Jacobs is a divorce lawyer in Orlando and a divorce lawyer in Clermont Florida.  

A frequently asked question is whether Florida child custody laws explicitly provide for 50-50 custody for both parents. The answer is no, but the Florida Legislature is still deciding this issue. Nevertheless, Florida family law courts tend to favor equal timesharing unless there are valid reasons for one parent having a lesser amount of time with their kids. Child support may be a factor in this process.

A frequently asked question is whether Florida child custody laws explicitly provide for 50-50 custody for both parents. The answer is no, but the Florida Legislature is still deciding this issue. Nevertheless, Florida family law courts tend to favor equal timesharing unless there are valid reasons for one parent having a lesser amount of time with their kids. Child support may be a factor in this process.

Best Interests of the Child Standard Influences Child Custody in Florida

As you may have read throughout our Florida Family Law Blog, timesharing is based on the best interests of the child standard. This is an admirable legal standard, but it is vague until the unique facts of your case are brought before the court. This is one reason your attorney should spend significant time with you before your case is filed, and while your case is ongoing. Your attorney should use his/her knowledge of child custody in Florida to match the facts of your case to the law. This may provide a sort of guidepost for how a judge might ultimately rule on your case, and may encourage a reasonable settlement among the parents without extensive litigation.

Child Custody in Florida

Florida Statute 61.13 and Florida Child Custody Laws

The factors listed in Florida Statute 61.13 do not cover all Florida child custody laws, but they are used by attorneys in influencing the determination of child custody in court. The litigants are welcome to make additional arguments they believe are in the best interests of the child. There is an argument to be made that the first factors listed in the Statute are the most frequently challenged issues.

For example, do the parents encourage a close and continuous relationship between the kids and their ex? Or do the parents try to limit the other parent’s time with the kids unreasonably? Does one parent work such long hours that the only way they can provide care for their children is to delegate child care responsibilities to a third party or grandparent? If the kids are in school, how far away do the parents live from one another to ensure the kids will not be traveling for hours every day? The statutory factors continue by going into the daily tasks and responsibilities of the children’s upbringing.

If you would like a consultation on Florida Child Custody Laws, call the Jacobs Law Firm, and a child custody attorney will speak with you about your family law case.

Time sharing and child support in Florida

Time Sharing and Child Support in Florida

Time Sharing and Child Support in Florida

One of the primary questions clients ask me is how do time sharing and child support in Florida go together? Worded differently, does time sharing affect child support in Florida? This is a great question, and an astute client asks it with good reason. I have heard many family law mediators lecture litigants that time sharing and child support are separate issues and should be addressed distinctly and separately. This is easy for the mediator to say because they are not paying child support based on the number of overnights in a timesharing agreement, you the litigant or client are. I believe that the splitting of the issues as mutually exclusive is noble in concept, but foolhardy and impractical in real law practice. Honestly, facts are facts, child support is largely based on the number of overnights the parties are allocated/awarded in the time sharing agreement. Why then should any litigant ignore this fact and give up valuable time with their child(ren) and at great financial cost?

Timesharing

How Are Time sharing and child support in Florida Connected?

Child custody and child support in Florida are inextricably linked and should be considered as one issue. If a dad or a mom fights for more time with their child(ren) and that comes with a reduction in support being paid to the other side, that is not some self-serving motivation, it means that that parent will keep more money to spend on their child(ren) when they have time sharing with them. This is why pushing litigants to negotiate time sharing first, and then figure out the child support obligation is short-sighted and does not serve the client or litigant. In fact, it operates against their interest, and frankly, can operate against the interest of their kid(s).

Educating Clients about Time sharing and child support in Florida

The best approach is to educate clients, or litigants, whether you are their attorney, or mediator, so that they can understand how child custody and child support in Florida are connected and operate based on one another. Once armed with all of the facts and some knowledge of the law, family law litigants can render the best decisions for themselves and their children. Family law cases are about whole families, not just lawyers, not only mediators, but mostly, families and their best interests as an entirety. I would encourage clients to continue asking brilliant questions that address issues such as time sharing and child support in Florida that impact their families and their financial and emotional wellbeing.