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How Long Do You Have to Be Separated to get a Divorce in Florida

How Long Do You Have to Be Separated to get a Divorce in Florida

How Long Do You Have to Be Separated to get a Divorce in Florida? How Long Do You Have to Live in Florida Before you Can Get a Divorce?

How long do you have to be separated to get a divorce in Florida? This is one of the most popular questions among potential clients seeking a divorce in Florida. People ask this question because the Florida Statutes are relatively silent on this specific issue/question. The issue of time is more appropriate for alimony and other financial considerations in a dissolution of marriage action. The more appropriate question, that is governed by Florida law, is how long do you have to live in Florida before you can get a divorce?

Marriages may last for a relatively short period of time (days, weeks, or months) and marriages may last for years or decades. There is no specific requirement in the Florida courts providing that the spouses must be apart/separated for weeks or months or years before petitioning for divorce. Each case is unique and has its own set of circumstances, which you may already be aware of if you are seeking marital dissolution. The more time the spouses have been married, the more marital assets they may have accrued, and the more financial considerations may be at play if alimony is an issue in the case. Let’s move on to the more pertinent question, how long do you have to live in Florida before you can get a divorce?

How Long Do You Have to Live in Florida Before You Can Get a Divorce

How Long Do You Have to Live in Florida Before You Can Get a Divorce? Divorce in Florida

The Florida Statutes are quite definite in their answer to this question, and the answer may affect your ability to file a petition immediately. Florida Statute 61.021 answers our question succinctly, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Read carefully. Only ONE of the parties to the marriage must have resided in the State of Florida for 6 months prior to filing for divorce. This means that if one spouse has lived in Florida for 6 months or longer and the other spouse has moved to another state, or never moved to Florida at all, it is likely the party residing in Florida can successfully petition the Florida court(s) for a dissolution of marriage. For more information on subjects such as Florida divorce, Florida alimony, child support, child support health care, Florida parenting plans, and other family law topics, click on any of our links.

 

 

 

 

What does a Guardian Ad Litem do

What does a Guardian Ad Litem do

What does a Guardian Ad Litem do?

GAL is the acronym or abbreviation for Guardian Ad Litem. A Florida Guardian Ad Litem is an attorney appointed on behalf of the minor child (under the age of 18) with the intention of serving the best interests of the minor child. A GAL may be appointed upon motion of the attorneys, pro se litigants, or by the court itself if it has reason to believe there is an issue involving child safety and that the circumstances warrant an investigation. GALs are appointed to investigate child neglect, health and safety issues, and child endangerment (a non-exhaustive list, but you get the idea that there is a severity involved). The GAL keeps a close eye on the domestic quarrels and disputes to be able to report to the court any out of the ordinary activities or abuses that may occur at home.

florida guardian ad litem

Florida Guardian Ad Litem

A Florida Guardian Ad Litem will appear at every hearing during the proceedings and will provide testimony as to what specific actions or outcomes would be in the best interests of the children. The work of a Florida Guardian Ad Litem does not necessarily end when the court proceedings are over. (It is a tough job and is usually done by wonderful people with big hearts) These wonderful men and women may be asked by the court to continue monitoring the subsequent behavior of the parties toward their children to continue to ensure the safety of the precious kids.

GALs will ultimately know if the parties are being dishonest with them GALs are trained to spot when parents are deceiving the court. In fact, Florida Guardian ad Litems often recommend the parents undergo psychological evaluations and drug screens based on behaviors they observe when visiting your home. Generally, the more honest and open the parties are, the better the Florida Guardian Ad Litem’s evaluation of their parenting quality will be.

If circumstances warrant, your attorney may make a motion on your child’s behalf to ask the court to appoint a GAL. Provided the court decides in favor of the appointment of a Florida Guardian Ad Litem, the GAL will be involved in your case for the duration of the proceedings remaining. For additional information on child custody, how child support is calculated in Florida, child support and health insurance, Florida alimony, mediation, domestic violence and divorce, or Florida divorce, visit our Florida Law Blog.

Should I Settle or Go to Trial in Florida

Should I Settle or Go to Trial in Florida

Should I Settle or Go to Trial in Florida?

This is the million-dollar question, should I settle or go to trial in Florida? Statistically 95-97% of all civil cases in Florida settle prior to trial. This is also a prevalent phenomenon in criminal law cases where plea agreements are reached instead of proceeding to trial. One reason we can attribute this phenomenon to is hiring an attorney to litigate your case or to defend you in litigation can be expensive. The deeper you go into the case, the greater the likelihood of attorney’s fees going past your preferred budgetary constraints, and the risk of having to pay the other party’s attorney’s fees may be. Another reason is often, during the discovery process, facts are uncovered that cloud the outcome of a potential civil trial. Both sides may come across as having contributed to the break down of relations, and this may make arriving at a decision for the judge or jury particularly difficult. Moreover, the litany of documents that may have to be produced, the number of depositions that may need to be taken, and the number of hours of work for which you may have to pay your attorney, mediators, court reporters, and investigators for can be daunting. I will raise you my original question should I settle or go to trial in Florida and ask a follow-up question that may better clarify the answer: Why are most civil cases settled before they go to trial?

Why Are Most Civil Cases Settled Before They Go to Trial

Why Are Most Civil Cases Settled Before They Go to Trial?

One major reason why civil cases often settle before they go to trial is the parties become aware of the facts and they tend to favor one side, the plaintiff or the defendant. In order to minimize an award of damages at trial, and to avoid accruing additional lawyer fees, the parties often settle. From the other perspective, the plaintiff often believes their case is not ironclad and arriving at a settlement assures some payment of money in damages as opposed to taking the risk of not being paid anything, and losing attorney’s fees, filing fees, and other associated court costs.

Why are most civil cases settled before they go to trial? The litigation process brings ups and downs, twists and turns, high points and low points for each side. Sometimes litigation becomes a game of who blinks first. This is a form of legal dispute brinkmanship. To mitigate the risk of each party, a settlement is often reached that is good for both parties in a sense. The minimization of risk cannot be overstated as a motivating factor when considering should I settle or go trial in Florida.

Jonathan Jacobs is a breach of contract attorney Orlando FL that offers consultations with clients where he will explain to you the elements of a breach of contract in Florida to help you resolve your legal issues. Call the Jacobs Law Firm today for a consultation in your contract dispute case, (407) 310-5636, or e-mail us to schedule an appointment: Jonathan@JJLawFL.com.

 

 

 

 

Elements of a Breach of Contract in Florida

Elements of a Breach of Contract in Florida

Elements of a Breach of Contract in Florida

The elements of a breach of contract in Florida are: (1) the existence of a contract, (2) a breach (material breach) of the contract, and (3) damages resulted from the breach. DNA Sports Performance Lab, Inc. v. Club Atlantis Condo. Ass’n, Inc., 219 So. 3d 107, 109 (Fla. 3d DCA 2017), Abbott Labs., Inc. v. Gen. Elec. Capital, 765 So. 2d 737, 740 (Fla. 5th DCA 2000). For a claimant (person that starts the lawsuit) to win damages from the defendant for an alleged breach of contract, there are two additional elements that must be proven. Contact Jonathan Jacobs, breach of contract attorney Orlando FL today for a consultation regarding your breach of contract action.

According to the Supreme Court’s standard jury instructions, the following five elements of a breach of contract in Florida must be proven by the plaintiff for a jury may award him or her or the corporation damages: (The instructions are paraphrased and I have included notes for you to better understand their meaning)

  1. Plaintiff and defendant entered into a contract; (this can be proven in a number of ways, even if the contract was oral)
  2. Plaintiff did all, or substantially all, of the essential things which the contract required him/her/corporation to do or that he/she/corporation was excused from doing those things; (obligations under the contract, often called conditions precedent. If one party has fulfilled all of their obligations and gotten nothing in return, a material breach has taken place)
  3. All conditions required by the contract for defendant’s performance had occurred; (plaintiff performed its part of the bargain, and defendant did nothing in return, or the performance they rendered was so inadequate as to be relatively valueless)
  4. Defendant failed to do something essential which the contract required him/her/corporation to do; AND
  5. Plaintiff was harmed by that failure. (If there are no damages, why spend the money to bring a lawsuit?)

Breach of Contract Attorney Orlando FL

Breach of Contract Attorney Orlando FL

As a breach of contract attorney Orlando FL, I can list practically unlimited scenarios in which a breach of contract can be alleged. A few common examples of the breach of a contract for services are: catering, car repair, wedding singing, birthday party entertainment, and video production failures to perform, show up, or provide a reasonable service as contracted for by the parties. An example of a breach of contract for goods is the shipment by the supplier to you the retailer, of nonconforming goods. You ordered 100 silver iPads with 64 GB of memory, and you received 100 iPads with 12 GB memory in gold. Remember the rule, as the plaintiff/claimant, you must prove all elements of a breach of contract in Florida.

For more information on breach of contract actions such as Florida timeshare cancellation, small claims lawsuits, suing unlicensed contractors, unlicensed contractors suing homeowners, wrongful terminations of employment, creditors suing debtors, mold infestation, and other forms of civil litigation, call your contract attorney Orlando FL today.

Jonathan Jacobs is a breach of contract attorney Orlando FL that offers consultations with clients where he will explain to you the elements of a breach of contract in Florida to help you resolve your legal issues. Call the Jacobs Law Firm today for a consultation in your contract dispute case, (407) 310-5636, or e-mail us to schedule an appointment: Jonathan@JJLawFL.com.

Can You Sue an Unlicensed Contractor in Florida?

Can You Sue an Unlicensed Contractor in Florida

Can You Sue an Unlicensed Contractor in Florida?

Can you sue an unlicensed contractor in Florida? The short answer is yes, but that does not end our inquiry. In fact, your situation could be far more complicated than that. As your lawyer, I will ask you several questions before proceeding to inform you about the ins and outs of any potential lawsuit that you may file against an unlicensed contractor. First and foremost, you cannot use the fact that you hired an unlicensed contractor as both a sword and a shield. I will ask whether you had knowledge that the “contractor” was unlicensed when you hired him/her? Many people are aware that it generally costs less to hire a contractor operating without a license, and it may be the only way your home improvement or repairs are affordable. Nevertheless, if you as the homeowner knowingly hired an unlicensed contractor, you could face significant Statutory penalties, and it could impact your lawsuit if the other side proves you hired them on purpose knowing their status as unlicensed. This is what I mean when I say you cannot use the fact that the worker is unlicensed as both a sword to attack the other side in court and a shield to protect you in court if you knew their status and hired them anyway. Breach of contract or non-formation of contract is a major legal issue.

There could also be serious implications with the quality of the workmanship. Knowing you have hired an unlicensed contractor, you likely will not take the risk of having permits pulled and the accompanying inspections that would assure the safety and quality of the work performed. This could jeopardize your safety and the structural soundness of your home. Ultimately, you will need to hire an attorney to sue an unlicensed contractor in Florida.

Sue an Unlicensed Contractor in Florida

Hire an Attorney to Sue an Unlicensed Contractor in Florida

Back to our initial query, can you sue an unlicensed contractor in Florida? Again, I answer in the affirmative. Your chances of success are far greater if you can prove the contractor misrepresented himself through false advertisement (falsely holding oneself out to be a licensed contractor is a crime in Florida) or otherwise. There are some additional drawbacks to hiring an unlicensed contractor even if you had no knowledge of their status. Beyond poor workmanship, if any of the contractors or their workmen suffer an injury on your property in the scope of their work, you as the homeowner could be liable for their injuries. After all, unlicensed contractors are less likely to carry insurance for several fairly obvious reasons. If you need to hire an attorney to sue an unlicensed contractor in Florida, call the Jacobs Law Firm today.

Can an unlicensed contractor sue a homeowner in Florida? Can I sue an unlicensed contractor in small claims court? Civil litigation starts here.

Jonathan Jacobs is a breach of contract attorney Orlando FL that offers consultations with clients where he will explain to you the elements of a breach of contract in Florida to help you resolve your legal issues. Call the Jacobs Law Firm today for a consultation in your contract dispute case, (407) 310-5636, or e-mail us to schedule an appointment: Jonathan@JJLawFL.com.

 

Can an Unlicensed Contractor Sue in Florida

Can an Unlicensed Contractor Sue in Florida

Can an Unlicensed Contractor Sue in Florida?

The quickest way to answer this question is to say that unlicensed contracting is a crime. A penalty for one’s first guilty conviction for unlicensed contracting is a first-degree misdemeanor. A second conviction is a third-degree felony. (Fla. Stat § 489.127(1)-(2)). The Florida Legislature, as affirmed by the Florida Supreme Court, provided Florida Statutes Section 489.128, to caution unlicensed contractors, and to warn consumers of the danger of hiring an unlicensed contractor to do work requiring a license. F.S. 489.128 provides that an “unlicensed contractor had no enforceable contract or lien rights with regard to the contract.” Earth Trades, Inc. v. T & G Corp., 108 So. 3d 580, 586 (Fla. 2013). Back to the question, can an unlicensed contractor sue in Florida?

The Florida Supreme Court answers this question succinctly; the purported contractor, if proven to be unlicensed, CANNOT recover on a contract with an unsuspecting homeowner. The Fla. Sup. Ct. further declares that (paraphrased) it is well-settled Florida Statutory law that as a matter of public policy, contracts entered into and performed in full or in part by any contractor who fails to obtain or maintain a license in accordance with State law and standards (provided in part by the Department of Business and Professional Regulation) shall be unenforceable in law or in equity. Id. If you would like to search for a contractor’s license and qualifications, you may do so on the Department of Business and Professional Regulations website for confirmation and to allay your suspicions. Contact the Jacobs Law Firm, PLLC construction attorney Lake County Florida for more information about your legal predicament.

Construction Attorney Lake County Florida

Construction Attorney Lake County Florida

In an early foundational case, Inter-Continental Promotions, Inc. v. Miami Beach First Nat’l Bank, the Court answered the question, can an unlicensed contractor sue in Florida. The Court decided, “We cannot allow one to invoke the judicial process when, for his own financial benefit, he has participated in the very activity the law precludes, with the resulting danger that the law seeks to avoid.” 441 F.2d 1356, 1361 (5th Cir.1971). More simply stated, no, they cannot. This does not mean that the legal fight is automatically over. The defendant (homeowner) must prove that the contractor is unlicensed and has no right to sue. The defendant must also show the court that the type of work being completed in fact requires a contractor’s license.

An unlicensed contractor who performs work that requires a license is actually taking a huge risk. The unlicensed contractor could conceivably perform the job above industry standard and not get paid. If the unlicensed contractor sues the homeowner for breach of contract, he or she could lose because of their failure to be licensed at the time of their performance.

As a construction attorney Lake County Florida, I would like to introduce you to Florida Statute 489.127(1(a),(f)) which states unequivocally that:

No person shall: |(a) Falsely hold himself or herself or a business organization out as a licensee, certificate-holder, or registrant;…[or] (f)Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified.

Nevertheless, the fact remains that if you are being sued, you must prove the contractor deceived you, misrepresented himself, or otherwise. The court does not assume that the contractor is unlicensed or that the type of work performed requires any licensing at all. If you would like to read additional Florida Law blogs about civil litigation, or would like a free consultation, contact us today!

Jonathan Jacobs is a breach of contract attorney Orlando FL that offers consultations with clients where he will explain to you the elements of a breach of contract in Florida to help you resolve your legal issues. Call the Jacobs Law Firm today for a consultation in your contract dispute case, (407) 310-5636, or e-mail us to schedule an appointment: Jonathan@JJLawFL.com.

How is Child Support Calculated in Florida?

How is Child Support Calculated in Florida

How is Child Support Calculated in Florida?

How is Child Support Calculated in Florida? Florida Statute 61.39(2)(a)(1-14) determines that monthly income for purposes of calculating child support in Florida is based on at least fourteen considerations. We will go through the ten most utilized considerations for calculating child support in Florida so that you may have a better idea of how much you may owe or be owed when your family law case is resolved. Going into mediation or a hearing, or trial knowing (within reason and within a range) can make a difference in how you approach your case. We will explain the Florida child support calculations throughout this article.

Pursuant to the Statute, “gross” income is based partly on a party’s salary ($25,000, $50,000, $100,000, etc.). Any bonuses (Christmas or performance bonuses) a party may receive from their employer are added to the Florida child support calculation. This includes commissions (sales commissions for example), overtime pay (for working beyond 40 or so hours per week or beyond a certain number of hours per day), tips (at least those that can be proven based on tax records and receipts or those that are admitted to), and similar forms of additional income beyond one’s base salary. Let’s move on to our other child support considerations.

Calculating Child Support in Florida

Calculating Child Support in Florida

Calculating child support in Florida may involve figuring out a party’s business income that emanates from entities such as corporations, partnerships, and includes gross business income once ordinary business expenses (paperclips, reasonable advertisements, salaries for employees, rent, internet, electricity, etc.) are subtracted.

Some litigants and observers find it surprising that disability benefits are subject to child support calculations in Florida. The same goes for worker’s compensation benefits and settlements. They are part of the Florida child support calculations. The reasoning is that children’s health and welfare are paramount above all else.

Florida Child Support Calculations

Florida Child Support Calculations

Unemployment benefits are subject to Florida child support calculations. A party’s pension, retirement accounts (IRA accounts for example), and dividends are considered part of the calculus. Look out octogenarian dads and moms, your social security benefits are subject to Florida child support laws!

Alimony/spousal support payments that a party receives from a prior marriage are counted for purposes of figuring out child support payments. If a party earns rental income from renting out their property(ies), that gross income (with subtractions for AC and heating repairs, lighting, roofing, etc.) will be used for calculating child support in Florida.

How is child support calculated in Florida? We have covered ten considerations that are prominently featured in child support litigation. In other articles we will concentrate on other child support, jurisdictionalimony, domestic violence, timesharing, and property issues. For instance, to read about Florida Child Support Health Insurance, child click here.

Jonathan Jacobs is a caring and compassionate Orlando family law attorney.

 

Child Support Lawyer Lake County Florida

Uniform Child Custody Jurisdiction and Enforcement Act Florida

Uniform Child Custody Jurisdiction and Enforcement Act Florida Otherwise Known as the UCCJEA Florida

In a dissolution of marriage case in Florida, the UCCJEA Florida law (spelled out fully as Uniform Child Custody Jurisdiction and Enforcement Act Florida), the court needs to make a determination whether it has jurisdiction (legally binding authority) to hear your child custody case. As you may be aware, Florida courts are heavily inundated with dissolution of marriage cases, and do not have the time or resources to allow out-of-state cases into their system without sufficient proof that jurisdiction is appropriate. This series of requirements are a measure of resourcefulness, because Florida courts do not want to have jurisdiction battles with out of state courts when a more convenient forum has already been proven. Their attention and resources are best applied to Florida residents.

Therefore, the Florida Legislature has cobbled together an excellent Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute 61.514, otherwise Known as the UCCJEA Florida Statute. This Statute perfectly explains and clarifies the circumstances under which Florida courts will assume jurisdiction over your case, and when and why they may choose not to do so.

Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute

Pursuant to the Statute, Florida is considered the home state (for jurisdictional purposes) of the minor child(ren) as of the date of the beginning of the case, OR if Florida was the home state of the minor child(ren) within six months prior to the initiation of the proceeding. Six months is a more than reasonable amount of time during which litigants should establish residency and relationships within the State. The kid(s) whose interests are being decided by a Florida court can be living in another state for purposes of UCCJEA, as long as the parents or would-be custodial parents continuously maintain a residence within the State of Florida. Florida will not take jurisdiction over your case if another state has taken control of your case. However, if the other state(s) have declined jurisdiction, and the requirements provided by the UCCJEA Statute are present, Florida will likely integrate your case into its court system.

It is important that either the kid(s), the parent(s) or all parties have a “significant” connection with Florida that is more than a mere physical presence. Equally as important is that the Florida courts want to know that the child(ren) whose timesharing and child support is under consideration, have substantial ties (relationships) in/to the State of Florida. This may include schooling, friendships, extracurricular activities, a Driver License, mail, residency, etc.

UCCJEA Florida

UCCJEA Florida

Ultimately, the Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute, otherwise Known as the UCCJEA Florida law, is written and provided for marital dissolution litigants to alert them to the fact that Florida does not have to hear their case. Being a litigant in a Florida divorce court has certain requirements that must be fulfilled or else the court will recommend you litigate your issues in a more (or most) appropriate forum. This means another state, another jurisdiction. Before you file with the court, ask an attorney if you meet the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute, i.e. the UCCJEA Florida elements.

Call the Jacobs Law Firm today to learn more about jurisdiction and your rights in the Florida divorce courts.

Uniform Child Custody Jurisdiction and Enforcement Act Florida Statute

Technically speaking, family law cases are a form of civil litigation. However, when lawyers think about the meaning of civil lit, we more often conjure to mind eviction cases, commercial lease disputes, construction lawsuits, insurance disputes, and the list goes on. If you would like to learn more about civil litigation, visit our civil lit page today!

Florida Baker Act Statute

Florida Baker Act Statute

Florida Baker Act Statute, Florida Baker Act

The two primary statutes within the Mental Health laws of Florida, which govern what we call the Florida Baker Act, are 394.463, and 394.467. These are the Florida Baker Act Statutes. As is often the case, I enjoy delving into the statutes to provide insight into the purpose and meaning behind statutory construction and the practical aspects of how the laws work in real life terms.

F.S. 394.463 is about involuntary examination. This sort of involuntary exam occurs with minors (children under 18) and with adults (people of eighteen years of age and older). A law enforcement officer, or a qualified physician also have the right to bring a person to a treatment facility for diagnosis and possible treatment. The person is brought to a medical facility such as Lifestream, which is open 24-7 to accommodate situations where suicidal thoughts or actions, or substance abuse have overwhelmed a person to the point where their friends, teachers, loved ones, coworkers, etc., believe that the person needs professional psychiatric attention imminently.

Pursuant to the Statute, involuntary examination occurs only after the person/patient has refused to undergo voluntary evaluation and has been informed of the purpose of such an exam. This is done as a sort of informed consent, even though no consent is actually provided. Facilities such as Lifestream, team with a multitude of community organizations to provide the greatest outreach possibly to those affected.

A circuit or a county court may enter an ex parte order granting the psychological evaluation of a person who exhibits suicidal tendencies. Perhaps the most critical phrase within the Statute is that a person will be evaluated if he or she “present threat of substantial harm to his or her well-being.”

Florida Baker Act

The standard for the court to find a person should receive involuntary “inpatient” treatment is clear and convincing evidence. This standard more often than not, allows for the court to place a person in desperate need of help into a treatment facility. The court must find by clear and convincing evidence, that the person to be admitted cannot survive on their own, even with the help of friends and family. therefore, unless the person receives treatment, he/she will harm him or herself or others. Any less restrictive treatment option must be deemed unhelpful or unwise when taking into consideration the level of physycal harm that the person is capable of. As with the Florida Marchman Act petition, if an administrator of an inpatient facility files with the court to have the patient committed, after the investigation reveals a true risk of harm, they may petition the court. The alleged suicidal defendant is entitled to legal representation from the public defender’s office, or to private counsel. Moreover, a judicial officer must be present at the Bar Act hearing because of the potentially massive curtailment of the defendant’s rights. Doe v. State, 217 So. 3d 1020 (Fla. 2017). Doe is a 2017 Florida Supreme Court case that takes a n in depth look at the Florida Baker Act Statute. A hearing is held in which ONLY the doctors or administrators that petitioned for the defendant’s inpatient treatment may testify. To preserve the defendant’s constitutional rights, he/she may ask the court for an independent medical examination.

In Doe, the Florida Supreme Court further stated that “individuals subject to the Baker Act are among the most vulnerable in our society. [therefore] The Baker Act has built-in constitutional safeguards, including the requirement that hearings be conducted at the institution where the patient is placed and in a manner not likely to be injurious to the patient’s condition. Id. at 1025.

Florida Baker Act Statute Resources

The Florida Department of Children and Families offers a great deal of helpful information regarding the Florida Baker Act. The process is a challenging for all parties involved because of the severity of the charges, and the potential consequences of both allowing the potential problem to continue, or involuntarily committing a person unwilling to accept treatment. Not all defendants require Baker Acting, and many that should be treated for 90 or more days will not go voluntarily. To be Baker Acted is a serious curtailment of a person’s liberty. Those petitioning for another person to be committed should have a strong belief in the danger to that person and to those around them. This is not to be used simply to remove a person from their environment. The threat and the danger should be real. The Florida Baker Act Statute exists to help those in greatest need.

A recent statistical report released per the Florida Department of Children and Families via the Baker Act Reporting Center has revealed a sharp increase in Baker Acting in the past few years. The number of people getting help is trending upward. For help with your civil litigation needs, call the Jacobs Law Firm today at (407) 310-5636.

Florida Timeshare Cancellation

Florida Timeshare Cancellation

Florida Timeshare Cancellation Attorney: How Does Florida Timeshare Cancellation Work?

You have heard the sales pitch, you have seen the wonderful photographs of resorts, and you want to be a timeshare owner. A few days later, for one reason or another, you have changed your mind. This happens with buyers more often than you would think. What can you do to get out of your timeshare contract? Florida provides a reasonable and lawful rescission process based on statutory law. Buyer’s remorse occurs in many cases. This is why built into each valid timeshare contract is a notice of your right to rescission of the timeshare contract/agreement. A statutory right of rescission is a legal guarantee, that if you follow the law completely, and do not cause a breach of contract, you may have a right to cancel your contract within the time provided for by statute and/or contract.Jonathan Jacobs is a Florida Timeshare Cancellation Attorney ready to help you with your timeshare cancellation. We hope this blog article provides you with some clarity by answering a frequently asked question, “how does Florida timeshare cancellation work?”

Florida timeshare cancellation is becoming a massive business. This is because the sales tactics utilized during timeshare presentations are often quite convincing and attractive to timeshare buyers, but in the aftermath, it is not uncommon for timeshare buyers to quickly feel regret for having entered into a timeshare agreement. Maybe it is the terms of the agreement that buyers find to be unappealing, or perhaps it is the overall purchase price and terms that convince them to choose to rescind their contract. Most often, as a Florida Timeshare Cancellation Attorney , my clients inform me that they might not have obtained all of the benefits and resort availability they had anticipated they would in light of the amount of money they have paid, and/or are scheduled to pay the timeshare company or developer. As a consequence, they want to void the timeshare contract. Florida Timeshare Cancellation works based on the relevant Florida Statute as written by the Florida Legislature to offer consumers a measure of protection. Jonathan Jacobs is a Florida Timeshare Cancellation Attorney.

 Timeshare Cancellation Attorney in Florida

How Long do I have to Cancel My Timeshare Contract in Florida?

To answer the question of “how long do I have to cancel my timeshare contract in Florida,” I refer you to Florida Timeshare Cancellation Statute 721.06(g)(3), which offers a statutory method purchasers may use for Florida timeshare cancellation. Although not every attempt at cancellation runs smoothly, and many are contested, the Florida Timeshare Cancellation Statute clearly provides that buyers the opportunity to cancel their timeshare contract(s) within ten (10) days. This ten day window for cancellation begins either when the purchaser signs the timeshare agreement, or when all statutorily required documents are given to the purchaser in accordance with Florida Statute 721.07(6). The clock on cancellation begins ticking after the signature is made or the mandatory documents are provided to the purchaser, whichever event comes later. This is one reason for which timeshare contracts often allow for notice of rescission, or Florida timeshare cancellation to be effective when sent, not when received. If this policy were reversed, there could be enough ambiguity to lead to unnecessary litigation. To cancel, the seller and developer (often the same party or organization) must be notified in writing within the ten day window of the purchaser’s intent to cancel. The Jacobs Law Firm does this for clients. If you would like our legal advice, for us to prepare and send a notice of timeshare cancellation on your behalf, we will be available for you ASAP. Remember that in this circumstance, time is of the essence. It is important to send out notice of cancellation prior to the expiration of your ten day statutory grace period. The manner in which you send out notice is an issue we will discuss as well.

 Florida Timeshare Cancellation Statute

There are many expert law firms in Florida that handle Florida timeshare cancellation for their clients. The Jacobs Law Firm generally handles rescission for its clients within the time allowed for by Statute. Jonathan Jacobs is a Florida Timeshare Cancellation Attorney that works tirelessly on behalf of his clients. We encourage you to call or e-mail us with any questions you may have. Your initial consultation is absolutely free. Speaking with a lawyer will allow you to decide if you need a timeshare cancellation attorney. Remember, that the answer to the all-important question of “How Long do I have to Cancel My Timeshare Contract in Florida?” is generally ten days as provided for by Statute, but you should read the terms of your timeshare contract before relying exclusively on the Statute. Welcome to our Law Firm!

Florida Timeshare Cancellation Statute

The Jacobs Law Firm offers a wide variety of legal services for our clients throughout the State of Florida. For example, many of our clients have family law legal issues. Family law legal issues include asset distribution, alimony, child custody, child support, and domestic violence. Other clients need to have a will and/or trusts created to protect their assets. Some of our clients are involved in litigation for issues such as commercial or residential lease problems, small claims issues, eviction, Marchman and Baker Act petitions, and more. Similar to Florida Timeshare cancellation, many of these issues are best resolved with the help of an attorney. Reading, analyzing, and evaluating contracts is a skill that the Jacobs Law Firm provides for you. Call us any time for a free consultation.