Author: Law Firm Admin

Family Law Help in Orlando

Family Law Help in Orlando

Family Law Help in Orlando, Orlando Family Law Help

Did you know that when you need family law help in Orlando, you may call the Jacobs Law Firm Orlando for many of your legal needs? The Jacobs Law Firm Orlando provides family law help in many areas of law. First and foremost, we offer help with family law legal needs such as alimony, child support, parenting and timesharing plans, hearings, mediation and trials. Often, this includes recommending first-class mediators, or simply preparing documents to assist our clients in obtaining the relief they are seeking. Often, in lieu of starting litigation, we offer referrals to parenting coordinators, mental health professions, and other field-specialists when needed.

Jacobs Law Firm Orlando

Our Orlando family law help does not stop there. Jacobs Law Firm Orlando also draft wills and trusts for our clients, create power of attorney documents, and help people find resources they need. We care about our clients and their needs, which is why we listen to your troubles and seek to help you find the best solutions possible. Our legal services are competitively priced, and we keep clients apprised of the particulars of their case every time an update is available. It is important to us that our clients understand how the legal process works.

Family Law Help in Orlando

Family law help in Orlando is just that, helping families when they need to hire an attorney that has their best interests in mind. There are many ways to go about resolving family law problems, and this means we are happy to propose a plethora of presuit solutions to see if the parties can achieve a resolution amicably, because cooperate parties can establish grounds for resolving their own situations within court intervention and without the need for expensive lawsuits to be decided by other parties.

When you need Family Law Help in Orlando, we invite you to call us, the Jacobs Law Firm Orlando to obtain the Orlando Family Law Help you need at an affordable price and with a great deal of compassion and interest in you as a family person.

Jonathan Jacobs is an Orlando Family Attorney.

cease and desist letter attorney Orlando FL

Cease and Desist Letter Attorney Orlando FL

Cease and Desist Letter Attorney Orlando FL

Clients often prefer to resolve legal quagmires as amicably as possible, which may result in the initial step of sending of a cease and desist letter. What this really means is that many individuals prefer to prevent further harassment, intrusion, defamation, or slander, by encouraging the party that is allegedly responsible, to cease and desist their wrongful or unlawful behavior before a lawsuit may be necessary. Similar to a civil demand letter for payment of damages prior to filing a lawsuit, a cease and desist letter is generally designed to caution the other party that there is still time to stop committing the behavior the potential litigant believes is harmful in some way to their business or reputation. Jonathan Jacobs is a cease and desist letter attorney Orlando FL that can help you obtain the relief you need when confronted with inappropriate behavior.

Examples of Cease and Desist Letters a Cease and Desist Letter Attorney Orlando FL Can Draft

Some examples of cease and desist letters we can draft include: 1. warnings to the other party that their attempts to disparage your reputation will not go unopposed; 2. demands that the other party stop contacting potential employers to slander you; 3. warnings to coworkers that usurp your reputation; 4. caveats to occupants in a nearby apartment building to stop interfering with your use and enjoyment of your own apartment; and 5. admonitions that you will sue for damages if a former employee contacts your clients in violation of a non-compete agreement. A cease and desist letter attorney Orlando FL will carefully evaluate the veracity of your claims that you have been impinged upon by another party and evaluate whether a cease and desist letter is appropriate.

cease and desist letter

What Happens After I Send a Cease and Desist Letter?

If the other (presumably responsible party) does not abide by your cease and desist letter, you will need to decide whether you want to allow their behavior to continue, or litigate in pursuit of money damages or injunctive relief. Ultimately, you should weigh your options carefully, and if you have good facts and evidence to support your claims, filing a lawsuit may be the best option to stanch any further damages to your business, reputation, or otherwise.

Attorney Jonathan Jacobs is a civil litigator in Orlando Florida who drafts cease and desist letters for clients as a precursor to lawsuits when the facts support doing so. Attempting to resolve legal issues before filing a lawsuit is often the most appropriate course of action. Jonathan is a cease and desist letter attorney Orlando FL.

Talking Parents App

Talking Parents App

Talking Parents App

The Talking Parents App is a truly cutting-edge and ingenious software application approved by Florida courts. The App can take a great deal of the stress and metaphorical pain out of communicating with an ex-partner or ex-spouse during a paternity or divorce lawsuit, or even after the lawsuit has ended, because family law cases often continue for years beyond initial proceedings.

With the Talking Parents App, everything is on the record. There are no hidden communications, and the parties technically cannot hide or delete what they have written to one another. For the attorneys, Talking Parents App reduces the burden of combing through months or years of conversations by e-mail, text, instant messenger, etc., where chronological and informational frameworks must be established in an attempt at admissibility in court and achieving a sufficient burden of proof. The Talking Parents App streamlines this by having all conversations available in their original format with proof of the parties’ mutuality. Moreover, there are rarely if ever any games played here by a surreptitious party because both parties must separately and individually create user accounts and must be approved in order to engage with one another.

Talking Parents App in Florida Family Law Court

Justifiably so, Talking Parents App advertises that when the parties have been involved in a domestic violence dispute, or when there are other security concerns involving the safety of the parties and their children, the App can be the ultimate mechanism for ensuring open communications in the absence of being threatened. Since conversations occur through Taking Parents App, private contact information is not revealed unless you personally reveal that information to the other party.

The word the App team utilizes is “accountability.” Buyer beware, caveat emptor. If you choose to be threatening or menacing toward the other party, know that they may seek to have your communications entered into evidence in a family law court in an attempt to portray you in a negative light.

For more information about the Talking Parents App and for information regarding their users’ frequently asked questions visit their contact page here.

Jonathan Jacobs is a family and divorce law attorney in Orlando, Florida.

Standard Family Law Interrogatories in Florida

Standard Family Law Interrogatories in Florida

Standard Family Law Interrogatories in Florida

Standard Family Law Interrogatories in Florida are intended to supplement a litigant’s Financial Affidavit. In other words, a Financial Affidavit may provide the end result (like a math problem), but it does not necessarily illustrate how the litigant got there (arrived at the numbers they allege). For the other side and their attorney to determine the accuracy of the numbers and the extent of the financial holdings subject to equitable distribution, as well as alimony and child support considerations, more information may be needed. Requesting answers to Standard Family Law Interrogatories in Florida is a generally reliable method of/for obtaining those answers.

When Standard Family Law Interrogatories in Florida are propounded (served on the other party), one’s background information, education, and employment are almost always requested as a baseline part of discovery. It makes sense that the interrogatories also generally include a description of one’s assets such as but not limited to: 1. real property (examples: houses or plots of land), 2. tangible personal property (examples: boats, cars, jewelry, baseball cards), intangible personal property (examples include stock certificates, business holdings, mutual funds, trust monies, bonds), 4. retirement accounts (some examples are: IRA and/or ROTH IRA accounts, pension plans, FRS plans, HR10 plans), 5. Financial Accounts (for example: bank accounts, money market and credit union accounts), 6. Trust funds and accounts, and 7. Safety Deposit Boxes.

The same principle and logic applies to liabilities. It is important that liabilities are included in a final marital agreement to prevent one spouse from incurring additional or unexpected marital debts that might otherwise be properly divided or paid for by the other spouse. Furthermore, along with propounding/serving Standard Family Law Interrogatories in Florida, an attorney will often also demand/request the other litigant produce a Long Form Affidavit, Form12.902(c), to ensure that all of the financial portrait is revealed to the extent possible.

Jonathan Jacobs is a Divorce Attorney In Clermont Florida, a Divorce Attorney in Orlando Florida, and helps his clients in the surrounding counties. Call the Jacobs Law Firm today for a consultation in your family law case. (407) 310-5636, or e-mail us to schedule an appointment. Jonathan@JJLawFL.com

What Happens After Mediation for Custody in Florida

What Happens After Mediation for Custody in Florida

Orlando Mediation Attorney: What Happens After Mediation for Custody in Florida Has Failed?

Mediation has failed on most issues in your family law or divorce case, or mediation has failed altogether on all issues. If the parties cannot agree on anything, the mediator will declare an impasse (inability to agree on issues). This is when clients understandably want to know what happens after mediation for custody in Florida? An Orlando Mediation Attorney can answer this question for you when you call for a consultation. Call our office line today (407) 310-5636.

Three Possible Outcomes to Explain What Happens After Mediation for Custody in Florida Has Failed?

Once mediation has completely “failed,” meaning the parties are unable to agree on any issue, there are several paths forward. Three paths that frequently occur and answer what happens after mediation for custody in Florida, are as follows: First, either party may declare to the court that the case is ready for trial, provided there are no outstanding motions (to compel, for contempt, for temporary relief, etc.). Second, either party and their Orlando Mediation Attorney may file a motion for temporary timesharing relief. On account of the fact that in many family law and divorce cases, one party has total or majority custody of the children and the other party is seeking to obtain additional timesharing with the kids, that is the party that generally files for temporary relief. This is actually an incentive for the parties to agree on some issues at mediation. Even a temporary mediated settlement agreement is a step forward in most cases. Agreeing on something can lead to bridge-building. An olive branch may lead to an Olive Garden (not necessarily to a family dinner, but you get the analogy). Third, it is often the case that one or both parties are unable to afford additional Orlando Mediation Attorney fees, or decide not to continue the legal battle for other reasons (such as its impact on the children), and this leads to many cases being left open indefinitely until dismissed by the court, sent to the General Magistrate, or otherwise.

Orlando Mediation Attorney

If you are concerned about your family law mediation and would like to speak with an experienced and compassionate Orlando Mediation Attorney, call the Jacobs Law Firm to learn more.

Jonathan Jacobs is a Divorce Attorney In Clermont Florida, a Divorce Attorney in Orlando Florida, and a mediation attorney in Orlando who helps his clients. Call the Jacobs Law Firm today for a consultation in your family law case. (407) 310-5636, or e-mail us to schedule an appointment. Jonathan@JJLawFL.com

Florida declaratory judgment attorney

Florida Declaratory Judgment Attorney

Florida Declaratory Judgment Attorney

Do you believe that you need to consult with and hire a Florida declaratory judgment attorney? Let’s go through the principles and undergirding of what a Florida declaratory judgment is and then see if you believe you need a Florida declaratory judgment attorney. The pertinent portions of the Florida declaratory judgment statutes will appear throughout this article on declaratory relief.

By way of case background, in Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5, 10–11 (Fla. 2004), the Florida Supreme Court decided that Florida’s declaratory judgment statutes (Chapter 86 to be precise) authorize declaratory judgments when it is necessary to resolve issues of fact, meaning determining the rights of the parties involved. According to the Fifth District Court of Appeals, declaratory judgments may also assist the parties brought into an action in understanding whether they have a duty to defend against a lawsuit. In the absence of such a declaratory judgment, the clarification of the rights of the parties would be discouraged. Allstate Ins. Co. v. Conde, 595 So. 2d 1005(Fla. Dist. Ct. App. 1992).

Case Law Presented by a Florida Declaratory Judgment Attorney

More recently, the Fourth District Court of Appeals decided that “Because Transportation was entitled to a declaration of its rights, even if it had a remedy of rescission, the trial court erred in dismissing the complaint. We thus reverse and remand for further proceedings in the declaratory judgment action.” Transportation Cas. Ins. Co. v. Soil Tech Distributors, Inc., 966 So. 2d 8, 10 (Fla. 4th DCA 2007). A Florida declaratory judgment attorney has the knowledge and experience of understanding when to pursue a cause of action for this type of relief.

Mimicking case law and Statutory precedent, the First DCA rendered a ruling that says a great deal and provides foundational guidance for potential or forced litigants: “Before any proceeding for declaratory relief should be entertained it should be clearly made to appear that there is a bona fide, actual, present practical need for the declaration…[there must be a] present controversy as to a state of facts; that some immunity, power, privilege or right of the complaining party is dependent upon the facts or the law applicable to the facts; that there is some person or persons who have, or reasonably may have an actual, present, adverse and antagonistic interest in the subject matter, either in fact or law; that the antagonistic and adverse interests are all before the court by proper process or class representation and that the relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity.” Ahearn v. Mayo Clinic, 180 So. 3d 165 (Fla. 1st DCA 2015). This language is about jurisdiction, venue, standing, and due process rights, among other issues. The Court sought to clarify all of the requirements for bringing and sustaining a declaratory action, even one that may necessarily precede a subsequent lawsuit. Preceding this ruling, in another case, the Fourth DCA decided that “An insurer may file a declaratory action in order to determine whether an insurance policy is voidable. See United Servs. Auto. Ass’n v. Clarke, 757 So.2d 554, 555 (Fla. 4th DCA 2000).” Of course, depending on the outcome of a strictly declaratory action, additional causes may (permissively) or must (compulsorily) be brought forward.

For your reference, we have sought to provide the relevant Florida Declaratory Judgment Statutes so that you may further understand what declaratory relief is. Consider hiring the Jacobs Law Firm, and its Florida declaratory relief attorney, to help you determine your rights.

Florida Declaratory Judgments Statutes

Florida Declaratory Judgments Statutes

The sections of the Florida declaratory judgments Statutes, chapter 86, Florida Statutes (2003), that are frequently pertinent to declaratory judgment actions are:

86.011 Jurisdiction of trial court. The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed…. The court may render declaratory judgments on the existence, or nonexistence:

(1) Of any immunity, power, privilege, or right; or

(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. …

86.021 Power to construe.-Any person claiming to be interested or who may be in doubt about his or her rights under a … contract … or whose rights, status, or other equitable or legal relations are affected by a … contract … may have determined any question of construction or validity arising under such … contract … or any part thereof, and obtain a declaration of rights, status, or other equitable or legal relations thereunder.

86.071 Jury trials.-When an action under this chapter concerns the determination of an issue of fact, the issue may be tried as issues of fact are tried in other civil actions in the court in which the proceeding is pending. To settle questions of fact necessary to be determined before judgment can be rendered, the court may direct their submission to a jury….

Ultimately, if you are knowledgeable in the area of declaratory and civil law, you are fortunate and likely scholarly. If you need the help of an experienced Florida declaratory judgment attorney, call us today.

 

Statute of Limitations on a Florida Promissory Note

Statute of Limitations on a Florida Promissory Note

Statute of Limitations on a Florida Promissory Note

The Statute of Limitations on a Florida promissory note is governed by case law and by Florida Statute. Specifically, Florida Statute 95.11(2)(b) governs limitations other than for the recovery of real property, such as for promissory notes. First, in legal terms, the Statute of Limitations on a Florida promissory note provides that “a legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond…” [shall be brought within five years from the date of the accrual of the action]. In layman’s terms, the Statute of Limitations on a Florida promissory note states that an action generally accrues when the note/contract is breached by a nonpayment of monies owed. This principle (not principal!) is based on the aforementioned Statute and case law precedent. Essentially, Florida law provides a five year Statute of Limitations to sue on a promissory note to institute and satisfy the debt. A commonly cited case that addresses the running of the Statute of Limitations on a Florida promissory note is a Florida bankruptcy case, In Re Whitaker, as discussed below.

How Long is the Statute of Limitations on a Florida Promissory Note?

Under Florida law, on obligations founded on written instrument, upon accrual of cause of action, such as defaulting on promissory note, statute of limitations period begins to run. The Statute of Limitations on a Florida promissory note according to the Court in In re Whittaker, Bkrtcy, N.D. Fla. 1994, 177 B.R. 360, argues that under the Florida law on limitations periods for notes payable on demand, demand on promissory note would be fixed as five years after date of note, even if no demand had actually been made on note, where there were no special circumstances that would warrant extending “reasonable time” for demand beyond period provided for by statute of limitations. Id.

To the advantage of a Florida litigant seeking to collect on a promissory note that is potential beyond the five year statute of limitations on a Florida promissory note, another Florida Statute allows for a payment to toll the time. Florida Statute 95.051(a)(f) states that “The running of the time under any statute of limitations… is tolled by: … (f) [t]he payment of any part of the principal or interest of any obligation or liability founded on a written instrument.” This means that if a payment is made by the obligor (debtor), it may toll the running of the Statute of Limitations and therefore allow the suit to collect to move forward.

An obligor (person obligated to repay on a note) is not without defenses, and the Statute of Limitations is likely a primary affirmative defense. Keep in mind, if the SoL is not argued in the pleadings as a defense, the obligor will likely forfeit a valid defense and could open herself up to considerable liability.

 

 

Orlando Uncontested Divorce Attorney

Orlando Uncontested Divorce Attorney

Orlando Uncontested Divorce Attorney

An uncontested divorce may be granted by a Florida family law court when the parties are in agreement on ALL issues in their family law case. Often, the Petitioner may choose to hire an Orlando uncontested divorce attorney to prepare their pleadings. The pleadings an Orlando uncontested divorce attorney will generally prepare or require their client to prepare include: 1. a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, 2. a Marital Settlement Agreement, 3. a Financial Affidavit, 4. a Notice of Social Security Numbers, 5. a Civil Cover Sheet, and 6. a Notice of Confidential Filing Within Court File. An uncontested divorce does not always stay that way. Often, the parties agree at the beginning on the provisions of their divorce agreement, but change their minds based on the poor and contentious behavior amongst themselves. Your divorce does not need to stay uncontested, though the cost to the litigants is likely much less in legal fees if their divorce does not go the route of the courthouse, mediation, hearings, and or trial.

Issues in an Uncontested Divorce

As an Orlando uncontested divorce attorney, it has been my experience that there is at least one major issue that requires a great deal of massaging and compromise. That issue could be an award of alimony (whether it be lump sum or over a period of time), the awarding or partition of a marital home, or the splitting of other assets such as the couple’s cars.

Hire an Orlando Uncontested Divorce Attorney

It is natural that a permanent separation after a period of years can bring the parties a great deal of stress, turmoil, or confusion. This is just another reason to hire an Orlando uncontested divorce attorney to be a negotiator and a sort of peacemaker between the parties. Let’s be brutally honest. If the parties were able to compromise and agree on their personal issues, they likely would not have separated. This sort of difficulty can be helped by hiring an Orlando uncontested divorce attorney that is a seasoned legal professional capable of understanding the situation and making every effort to continue with an amicable uncontested divorce.

 

 

Florida Supervised/Safety Focused Parenting Plan

Florida Supervised/Safety Focused Parenting Plan

Florida Supervised/Safety Focused Parenting Plan

As a baseline for reference, a Florida supervised/safety focused parenting plan is a unique parenting plan the Florida Courts will consider if the parties are amenable, or if a family law trial yields a victory for its merit. A parenting plan itself is always required in Florida family law cases involving minor children (kids under 18 years of age). In fact, in Schwieterman v. Schwieterman, 114 So. 3d 984 (Fla. 5th DCA 2012), the Court decided/affirmed “There is no presumption for or against any particular time-sharing schedule, including one calling for a fifty-fifty division of time, and instead, the sole requirement is that the time-sharing schedule must be set in accordance with the best interests of the child. West’s F.S.A. § 61.13(3). A Florida supervised/safety focused parenting plan is unique in that it takes a more serious and cautious approach to co-parenting. A safety-focused parenting plan is a serious matter requiring great care and attention to detail by the person petitioning for it.

Safety-Focused Parenting Plan

The presumption behind a Florida supervised/safety focused parenting plan is that shared parental responsbility (mutual decision-making and mutual parental authority) is not in the best interest of the minor child(ren). The person arguing on behalf of safety-focused parenting plan is telling the other side and the court that the kid(s) should not ever be home alone with the parent that allegedly presents a danger to their welfare. Generally, if a Florida supervised/safety focused parenting plan, the parties themselves or the Court itself must provide for a third-party to be present whenever the minority timesharing parent spends time with the child(ren). As with any parenting plan, to be approved by a Florida family law court, a Florida supervised/safety focused parenting plan must provide for how the parents will apportion responsibility and daily activities with/for the child(ren), particularize how much time each parent will spend with the child(ren) and when, make health care and school-boundary designations, and furnish the means/method(s) by which both parents will communicate with their children. The Courts also make it abundantly clear that Florida Statute 61.13 subsection 3 will be used as a barometer for determining what is in fact in the best interest of the minor child(ren).

How does a Florida Supervised/Safety Focused Parenting Plan Work?

According to the safety-focused parenting plan rubric, both parents may cooperatively choose the person(s) supervising the child(ren), specify the level of supervision, and mutually agree upon how to share the cost(s) associated with this additional layer of security. Similarly, both parents may agree to visitation with supervision at a specific facility, or choose a location where supervised timesharing may occur without significant interference or disruption. As you may have inferred, because safety-focused parenting plan involves additional measures of security for the protection and well-being of the child(ren), the degree and type of communications between the supervised-parent and the child(ren) must be identified with particularity.

Why Choose a Safety Focused Parenting Plan?

Furthermore, because of the background between the parties that likely has led to the suggestion or implementation of a Florida supervised/safety focused parenting plan, the plan must address whether firearms must be removed from the premises, whether alcohol must not be abused prior to visitation, that the child(ren) shall not be subject to physical or mental abuse, and may also identify specific persons that under no circumstance may be allowed near the kid(s).

In essence, a Florida supervised/safety focused parenting plan is intended to protect a child or children that have been abused (at least allegedly) or subject to parenting methods that could be considered detrimental to their best interest and health, safety, and welfare. It is a parenting plan (in its very foundation) that is above and beyond a routine arrangement.

New Florida Marriage License Law

New Florida Marriage License Law

New Florida Marriage License Law

There is a new Florida marriage license law! Well, not so much new as amended. The Florida Legislature has just amended Florida Statute 741.04. The new Florida marriage license law provides that neither a county court judge or a circuit court clerk (family law cases are generally heard in circuit court, though marriage licenses may be obtained in both county and circuit court) has the legal power to issue a marriage license to a minor (in Florida, a minor is someone under the age of eighteen that has not reached the age of majority (18)) unless certain LIMITED/NARROW exceptions apply, all of which must be met for the Court to grant a marriage license to a minor or minors. Maybe a premarital preparation course is in order!

New Florida Marriage License Law Exceptions

These exceptions are: 1. If both potential spouses are at least seventeen years of age, and the minors furnish the Court with the written consent of their parents or legal guardians (probably should be in the form of a notarized affidavit). If one potential spouse is of the age of majority, that person may not be older than 19 years of age (no more than 2 years older than the other, younger, potential spouse).

2. The new Florida marriage license law also makes it clear that the potential spouses must file an affidavit providing for their social security numbers (certain exclusions apply for non-citizens that will be addressed in a future article) and an attestation of their true age. This prevents the Court from being unable to enforce child support and from committing a grievous error should the potential spouses falsify their true ages. This also protects the Court from issuing a marriage license to improper parties.

Premarital Preparation Course

Premarital Preparation Course

Exception 3. provides that neither the Court nor the Clerk may issue a marriage license to a minor unless two additional protocols are followed to the letter. The parties must provide a written statement (individually or together, though if the couple intends to marry, it is likely they will file this statement together) affirming they have completed a premarital preparation course.

4. Finally, the parties must also attest to the fact they have read the handbook regarding the rights and responsibilities of a party/parties to a marriage as provided in Florida Statute 741.0306. Pursuant to F.S. 741.0306, These handbooks are available from the clerks of court when a couple applies for a marriage license.