Category: Divorce and Family Law

Uncontested Divorce Lawyer Osceola

Name: Jacobs Law Firm, PLLC
Price range: $$

Posted by Law Firm Admin on November 23, 2022

As an uncontested divorce lawyer in Osceola County FL, we help clients in Kissimmee, St. Cloud, Poinciana, Celebration, Yeehaw, and all throughout the County. The Osceola Court is part of the Ninth Judicial Circuit, which includes/is shared with Orange County. In fact, some of the family law judges are assigned to cases in both courts. It is not uncommon for family judges to transfer from one courthouse to the other. Procedurally, Osceola County uncontested divorces are handled differently than is the case in many other areas. Typically, a final hearing is required even if you are represented by an Osceola divorce attorney, and there is a substantial amount of paperwork required for your Kissimmee uncontested divorce. Call Jacobs Law Firm at 407-335-8113 and we will discuss how we can save you money with a flat fee representation agreement and talk about the procedures you must follow to complete an uncontested divorce in Osceola County. Kissimmee and St. Cloud are amazing cities and great places to live.

When represented by an uncontested divorce lawyer Osceola, as your counsel of record, we must certify to the court that all documents have been properly executed and filed. This is a basic prerequisite to the court allowing us to schedule a final hearing in your case. This is generally called a verified checklist for attorney uncontested divorce. Fortunately, your dissolution of marriage may be done online through document submission and your hearing will likely be held virtually for the convenience of both parties.

Finalizing an uncontested divorce in Osceola County may involve a short hearing. The family court will want to have your Osceola divorce attorney ask some basic jurisdictional and other questions pertaining to your settlement agreements. Moreover, if you or your spouse are seeking a name change, the final hearing is the optimal time to ensure the court grants that relief. The judge will ask to view your driver license to ensure it was issued at least six months prior to the filing of your case. Additionally, it is not uncommon for a family judge to ask whether your marriage can be saved. Your Kissimmee uncontested divorce lawyer Osceola will ask you any remaining colloquy questions.

Prior to your hearing, and after consulting with you and your spouse for approval, as your uncontested divorce lawyer Osceola, we will submit to the court your final judgment proposal. This document is intended to finalize your divorce and for the court to order your settlement agreements (marital settlement agreement, parenting plan and child support) enforceable. Consider hiring Jacobs Law Firm for your uncontested divorce in Osceola County FL.

Clermont Uncontested Divorce Attorney

Posted by Law Firm Admin on November 5, 2022

Clermont uncontested divorce attorney Jonathan Jacobs absolutely loves working with clients and their families to help them save money and time. There are many family lawyers who believe all cases are best resolved with fair and reasonable settlements. Clermont divorce attorney Jacobs Law Firm takes the approach that most dissolution of marriages should be uncontested/amicable. In fact, we encourage new clients to either pursue an uncontested divorce in Clermont, and/or offer reasonable settlement terms during the case. By thinking about how best to negotiate terms, and what may be fair for both parties and your kids, you can save time and money and potentially prevent months or years of expensive litigation. Let’s talk a little bit about the uncontested divorce process and how we may help you navigate the entire process. Call 407-335-8113 for a consultation with experienced and compassionate uncontested divorce attorney Jonathan Jacobs. We are a Clermont divorce attorney who offers payment plans and flat fee rates for uncontested proceedings. Ask us if collaborative divorce is right for you!

Clermont Divorce Attorney

Clermont divorce Attorney Jacobs is a Clermont resident and enthusiast. His favorite places locally are the waterfront area (there are so many great new restaurants and the Splash Pad is terrific for the kids), the Farmer’s Market, Citrus Tower during the holidays, Hibachi Express (who doesn’t love hibachi?), and the pet stores (his kids are animal lovers) and Costco. One thing is certain; Clermont is a booming/growing town with lots of young families. This is extra incentive for our Firm, a Clermont uncontested divorce attorney, to help people make good decisions because divorce can impact a whole family.

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First and foremost, a Clermont uncontested divorce attorney can help you by drafting and filing your divorce papers (including a marital settlement, parenting plan, and child support worksheets). Knowing that you will be represented from the first moments until the conclusion of your case can provide a great deal of security for you. We will make you knowledgeable of the process, the timeline, and the costs associated with court filing fees. Take the guesswork out of it and let us help you plan for your future.

Choosing to obtain an uncontested divorce in Clermont means that you will likely file with the Lake County family court. Lake County is a unique place to litigate or resolve your family case. Lake generally has only 2-3 domestic relations judges available. This means that if you have a Clermont uncontested divorce attorney representing you, the court may allow us to submit your case electronically. You may avoid any court proceedings and resolve your case on your own terms without undue scrutiny or unnecessary court intervention. When you are ready to pursue your case with a law firm that cares, call Jacobs Law Firm, Clermont divorce attorney at 407-335-8113 and visit our Clermont or Winter Park office for your consultation.

Uncontested Divorce Volusia County

Posted by Law Firm Admin on October 11, 2022

You are married and live in Daytona Beach, DeLand, New Smyrna Beach, Orange City, Ormond Beach, Port Orange, Deltona, DeBary, or another town or city in Volusia County, Florida. Sadly, your relationship with your spouse that has hit a rough patch, and a divorce is imminent. You should strongly consider hiring a divorce attorney in Volusia County. When you call Jacobs Law Firm at 407-335-8113, we specifically encourage you to ask about obtaining an uncontested divorce in Volusia County. Good news for future clients; an uncontested divorce is generally less expensive than a traditional divorce. Not only can choosing an amicable divorce save you money, by doing a Volusia County Uncontested Divorce, you can also save months of time otherwise spent under the stress of litigation. The family court in Volusia is among the very best in Florida, and Jacobs Law Firm is here to help. Call us today for a consultation about your uncontested divorce Volusia County, Florida. Dial 407-335-8113 today to speak with a Volusia County divorce attorney about all of your family case issues.

The Volusia County Courthouse is a charming building, and the judges are fantastic. Settlements are often encouraged by the court. Being reasonable and flexible generally leads to the best outcomes. Rather than relying on a stranger to decide your entire parenting and financial future, it is probably best that you and your spouse decide together. Rather than looking at hiring a divorce attorney Volusia County for litigation, choose instead to get an uncontested divorce Volusia County. The judges will prefer that, and consider that the future is now. This is not a cliché. The sooner you and your spouse work together, the faster your case will be resolved.

If you have minor children at issue, coparenting will be a critical component of your uncontested divorce in Volusia County. Coparenting involves decisions about your children’s schooling, health care, religion, extracurricular activities and to much more. It is better to make decisions together than having to rely on the court to decide granular aspects of your life for you. Learning to get along as parents today can help your children have a better future tomorrow.

Hiring a divorce attorney Volusia County can help you achieve a substantially better outcome. When you call Jacobs Law Firm, divorce attorney Viera practicing throughout Volusia. Call 407-335-8113. Ask u about the procedures, timeline and cost of an uncontested divorce in Volusia County. We would like to work with you on resolving every one of your marital issues, financial and parenting, without the bitterness of a traditional divorce.

Life Insurance to Secure Alimony in Florida

Posted by Law Firm Admin on September 28, 2022

Can a divorce court order the payor spouse to purchase life insurance to secure spousal support in Florida? Pursuant to CS/SB 1416: Dissolution of Marriage, in order for a party to receive relief where life insurance is ordered to secure alimony, the court must now “to make specific findings regarding the purchase or maintenance of a life insurance policy or a bond to secure alimony”. This question is further answered in part by the Second District Court of Appeal ((Levy v. Levy, 900 So. 2d 737, 745 (Fla. 2d DCA 2005)), In Levy, the Wife requested the trial court issue an order commanding the Husband to purchase a life insurance policy to secure his future alimony payments to her. The Levy Court, basing its decision on precedent which includes a Florida Supreme Court Case, stated that “Trial courts may require that alimony awards be secured by life insurance on the life of the payor spouse.” § 61.08(3); Sobelman v. Sobelman, 541 So.2d 1153 (Fla.1989); O’Connor v. O’Connor, 782 So.2d 502, 505 (Fla. 2d DCA 2001). The Court’s decision received a second layer to further its distinctiveness. The Court continued, “However, there must be special circumstances that demonstrate a need for such a requirement.” See Solomon v. Solomon, 861 So.2d 1218, 1221 (Fla. 2d DCA 2003); Cozier v. Cozier, 819 So.2d 834, 837 (Fla. 2d DCA 2002); but see Layeni v. Layeni, 843 So.2d 295, 300 n. 2 (Fla. 5th DCA 2003). Call Jacobs Law Firm at 407-335-8113 for answers to your child support, alimony and spousal support questions. Ask us about Florida’s alimony reform 2023.

Furthermore, beyond the fact that a court may (not shall) order life insurance to secure alimony in Florida, in order to justify such a requirement, the court required, “the record should contain evidence of [1] the payor’s insurability, [2] the cost of the proposed insurance, and [3] the payor’s ability to afford the insurance.” Lopez v. Lopez, 780 So.2d 164, 165 (Fla. 2d DCA 2001); see also Cozier, 819 So.2d at 837. Now we know that the question, can a divorce court order the payor spouse to purchase life insurance to secure spousal support in Florida may have at least a three-part inquiry.

Consider a circumstance where a party is ordered to pay alimony in the amount of $250 per month. The payor (person paying) has a gross income of $40,000.00 per year, and expenses totaling $39,500.00 per year not counting the impact of inflation. If there is a limited or narrow ability to pay alimony, then the payor might not meet the demands of the three-part test. This is of course an issue for the attorney’s to present and the judge’s discretion. While maintaining life insurance to secure an award of alimony and spousal support may make practical sense, that does not automatically confer its affordability and feasibility. When you are confronted with a similar circumstance and need answers to your questions such as whether a divorce court may order the payor spouse to purchase life insurance to secure spousal support in Florida, call Orlando Divorce Attorney Jonathan Jacobs at 407-335-8113 for the help you need.

Motion for Extension of Time Divorce

Posted by Law Firm Admin on September 23, 2022

A Motion for Extension of Time in a Divorce is intended to help you avoid a default judgment against you. A Motion for Extension of Time in Florida family law can also be helpful when you have a discovery request due and the other side might otherwise file a motion to compel against you. It is generally axiomatic that a family law court will not take action unless you have filed a motion or other request for their intervention. Let’s go over two scenarios where a motion for extension of time divorce can potentially help you avoid being late and interfere with your case in a negative way. Call Jacobs Law Firm by dialing 407-335-8113 for a consultation about how best to protect your rights and help your divorce or paternity case.

A Motion for Extension of Time Florida family law may be helpful when you have been served with a petition for dissolution of marriage or a petition for the establishment of paternity. If you have an answer due within twenty days and you have waited until the last day, even if you hire counsel, it may be prudent to ask for additional time to answer. Answering a petition and responding with a counterpetition is best done in a reasonable time and with careful preparation.

A Motion for Extension of Time Divorce can also be utilized when a discovery response is due or nearly due and you cannot respond on time. For example, your mandatory disclosures are due. You are at the time when the other party is poised to or has threatened a motion to compel against you for your failure to comply with the rules. Maybe you are confused and do not know how to respond. If this is true, you may want to speak with a divorce attorney immediately. Failure to respond to a request for mandatory disclosures or other requests to produce documents may result in sanctions being imposed against you both financially, and with the substance of your case. Seek the proper advice when you need it.

Caution: A Motion for Extension of Time Florida family law does not change the Rules and you should ask an attorney if responding late could impact your case. It is not a cure-all motion, and it is not always an appropriate remedy. It is best to consult with a divorce and family lawyer that has the knowledge and experience necessary to properly litigate family cases. Call Jacobs Law Firm at 407-335-8113 today.

Brevard County Uncontested Divorce

Posted by Law Firm Admin on September 8, 2022

Clients ask, who gets the house in a Brevard County uncontested divorce? One of the primary marital assets that is often equitably distributed is a residential/real property. Jacobs Law Firm negotiates home ownership and division when couples split up. Attorneys help to equitably distribute property in an uncontested divorce in Brevard County Florida. Attorney Jonathan Jacobs assists clients with amicably and peacefully dissolving their marriages. Private negotiations are held where spouses and their attorney(s) work on a property settlement agreement, called a marital settlement agreement. Jacobs Law Firm negotiates uncontested divorces in Cape Canaveral, Cocoa Beach, Melbourne, Merritt Island, Palm Bay and Titusville. Having an experienced attorney may help you avoid a trial and multiple court appearances, and can spare you the figurative agony of years of document disclosures. In an uncontested divorce, the judge does not decide your marital property division. Contact Jacobs Law Firm, uncontested divorce attorney Brevard County Florida for a consultation by calling 407-335-8113. Learn who gets the house in your divorce.

Couples who do not have a prenuptial agreement negotiate the equitable division of their marital property. Homeowners who have minor children (under 18 or otherwise still in high school) work out a parenting plan to meet the best interests of their children. An uncontested divorce attorney will ask their client to complete Financial Affidavit. Jacobs Law Firm examines your mortgage, utility bills, insurance, property taxes, and value to help determine the post-divorce affordability of living in your home. Other factors go into who gets the house in a Brevard County uncontested divorce. The purchase date, down payment, and renovations during the marriage are sometimes considered as factors in the parties’ decision. Jacobs Law Firm generally advises three primary options for your marital settlement regarding who keeps or sells the house. Book a consultation with Jacobs Law Firm by dialing 407-335-8113.

Brevard County Florida is located in the east-central part of the Sunshine State. Much of the area makes up The Space Coast. Home to Cape Canaveral, the aerospace industry drives the local economy. As of 2020, Brevard is the 10^th most populated County in Florida. Titusville is the seat and has a historic courthouse. Additional government branches are located in Viera and Melbourne to serve all residents. Brevard County Florida has a long coastal stretch of 72 miles. The Palm Bay Melbourne Titusville Metro Area is located between Jacksonville and Miami. Attorney Jacobs recommends visiting the famous Kennedy Space Center. Other must-see sites include the Brevard Zoo and Westgate Cocoa Beach Pier. Call 407-335-8113 for a consultation with Jacobs Law Firm. Our attorney practices uncontested divorce in Brevard County Florida.

When a judge rules on marital property division, sometimes the settlement is surprising. Out-of-court negotiations and settlements typically save you time and money. Your attorney charges less because your case does not go to trial. An uncontested divorce helps you plan for the future with some degree of predictability. Moreover, parents choose to do a Brevard County uncontested divorce often do not want to disrupt their children’s lives or want a fresh start. Jacobs Law Firm works with all different family dynamics and financial situations. An uncontested divorce in Brevard County Florida grants a peaceful end to a marriage. In a buyout, the spouse keeping the house must be able to afford the payments. Having an experienced family lawyer may assist in protecting your interests and investments. Please call Jacobs Law Firm, uncontested divorce attorney Brevard County Florida at 407-335-8113 for your consultation. Get a fair settlement on your uncontested divorce in Brevard County Florida.

Florida Divorce Deposition

Posted by Law Firm Admin on July 21, 2022

A Florida divorce deposition is one of the most valuable tools in the arsenal of a divorce lawyer. A deposition in a Florida divorce is designed to allow counsel for both parties to ask questions in preparation for an upcoming hearing or trial. Each attorney will have a lot of leeway (within reason) to ask about any topic provided their questions are reasonably calculated to lead to the discovery of admissible information and evidence. Preparing for a deposition in a Florida divorce involves a lot of examination of financial documents and a great deal of practice. Jacobs Law Firm, flat fee divorce attorney Orlando, family law trial attorney Orlando, can provide you with experienced attorney help in preparing for your deposition. Call 407-335-8113 and hire us to help you in this critical moment in your case.

Deposition in a Florida Divorce

When preparing for a Florida divorce deposition, ask yourself, what information do you need to know that the other party can provide? This is a broad question. Let’s narrow the focus. If you are preparing for a deposition in a Florida divorce and your case does not involve minor children (timesharing or child support issues), you may want to focus your attention on asking financial questions. You may be seeking to prove or disprove the viability of spousal support or the proper distribution of a marital asset or liability. Particularly, if you are arguing for the unequal distribution of marital assets and liabilities, it may be helpful to attempt to firm up your argument by proving the facts you are alleging.

Alternatively, a deposition in a Florida divorce may involve the other party’s lawyer deposing you! This situation presents us the opportunity as your counsel to help prepare you for your deposition. Like any other aspect of a divorce or paternity case, this involves a rather strenuous process. We generally spend hours with our clients asking them tough questions that we believe the other side will ask. After all, wouldn’t you rather your own attorney ask those questions and give you the opportunity to answer patiently and calmly? When shocked by questions from an opposing counsel, litigants can become nervous or offer information that has not been requested. It is best to practice answering challenging questions and to focus on the questions asked, not the questions you prefer to answer.

Preparing for a deposition in a Florida divorce is a rigorous process. When you need to hire counsel for your Florida divorce deposition is one of the most valuable tools on the toolkit of a divorce trial lawyer. An experienced family lawyer will help you with a this important process. Call 407-335-8113 today.

Do Both Parents Need to Consent for Therapy in FL

Posted by Law Firm Admin on June 26, 2022

Do both parents need to consent for therapy in FL during or after a divorce or paternity case? People often ask us, “can my ex take my child to a therapist without my consent in Florida?” Generally, it is proper to look to a statute or case law for answers. Florida Statute 61.13(2)(b)(3)(a) provides that, “If the court orders shared parental responsibility over health care decisions, the parenting plan must provide that either parent may consent to mental health treatment for the child.” This is not the end of the story however. While either parent may consent to mental health treatment for their child, this does not give either parent a cart blanche to decide on which therapist, when, where, and on their own terms. Call Jacobs Law Firm, divorce attorney Orlando, divorce attorney Clermont, when you need answers to how your parenting plan works and to learn about mental health counseling divorce Florida. We will review your parenting plan with you and do so thoroughly to help you understand your rights and responsibilities. Call 407-335-8113.

Both parents should be allowed to participate in the process of consenting to mental health therapy, and both parents should be fully informed of the results of therapy to allow them to engage in shared parenting to promote the best interests of their child. This new change to the mental health parental consent law (Florida Statute 61.13(2)(b)3.a. does not give either parent a right to engage on sole parental responsibility decision-making. It is intended to benefit children going through stress during a divorce, not to advantage a parent acting unilaterally against the spirit of a parenting plan.

Let’s ask again, do both parents need to consent for therapy in FL? Can my ex take my child to a therapist without my consent in Florida? Now we look to case law for guidance. A recent First District Court of Appeals decision, Webking v. Webking, tested Florida Statute 61.13(2)(b)3.a. Webking v. Webking (Fla. 1st DCA June 17, 2022). The Webking Court reaffirmed that the Statute on mental health counseling divorce Florida requires that the court, if it orders shared parental responsibility over health care decisions in a parenting plan, provide in the parenting plan “that either parent may consent to mental health treatment for the child.” The Court reasoned that the modified parental consent law “recognizes the importance of mental health treatment for children whose parents are involved in a family law dispute.” While the Webking Court did not outright state how the law should be applied, or test it on various real life dilemmatic situations, by recognizing and promulgating its importance for the benefit of children in the crossfire of a divorce, it made perhaps an even bigger statement.

mental health counseling divorce Florida

When you need to speak with a divorce and family lawyer experienced in drafting, interpreting and enforcing a parenting plan and mental health counseling divorce Florida, call Jacobs Law Firm at 407-335-8113. Collaborative divorce involves mental health counseling as well.

Uncontested Divorce Tampa

Posted by Law Firm Admin on June 22, 2022

Tampa uncontested divorce attorney Jonathan Jacobs uses his legal knowledge and experience to quickly resolve your and your spouse’s differences which can save you time and money. When you hire Jacobs Law Firm for an uncontested divorce Tampa FL, we will come up with creative and common-sense solutions to help resolve all of your financial and parental issues. Often times, spouses are able to resolve some of their differences outside of court. They have agreed to end their marriage amicably. Problems arise when one or both spouses do not understand the divorce process and just how difficult it can be to agree on every issue. This is where there is great value and savings in hiring Jacobs Law Firm to be your Hillsborough County uncontested divorce attorney. We can do more than draft and file your documents and finalize your case with the family court. We can guide you the whole way and ensure all of your arrangements are done properly, reasonably, and with attention to detail. Call 407-335-8113 today and speak with Tampa uncontested divorce lawyer Jonathan Jacobs. We love to work with clients in Brandon, Plant City, Riverview, Sun City, Valrico and elsewhere in Hillsborough County that pursue uncontested divorces because doing this on your own terms outside of court can stabilize family relations and help you enter post-marital life without the harshness and financial challenges a traditional divorce may bring. We also practice collaborative divorce.

Tampa uncontested divorce Attorney Jacobs is a huge sports fan and loves Tampa Bay teams. Tampa is a thriving city. Whether it is the Tampa Bay Lightning, Tampa Bay Buccaneers, Ybor City, the beaches, the stellar night life, or the ever-growing economy, there is always an exciting activity to be enjoyed. As with anything else, it is difficult to maintain a family between work, leisure, and the pressures of city life. This is all the more reason to avoid the traditional divorce route. A Hillsborough County uncontested divorce attorney can help you plan for your post-marital life in a way that can save on attorney fees, and ideally, allow both sides to achieve their goals and compromise where appropriate and in a way that makes sense.

Hillsborough County Uncontested Divorce Attorney

As an uncontested divorce attorney Tampa, we know how labyrinthine the court system can appear. Even walking through the courthouse can seem like a maze! With the aftermath of Covid, it is sometimes allowed for litigants that hire a Tampa uncontested divorce attorney to appear by Zoom, WebEx or Teams to finalize their divorce. Technology has been integrated into the Hillsborough County Courts in a major way that can make your uncontested divorce Tampa FL far more streamlined and less arduous. Ultimately, when you need help and want to hire an experienced and compassionate Tampa uncontested divorce lawyer, call us at 407-335-8113. We want to help you.

Motion for Temporary Relief Florida

Posted by Law Firm Admin on June 18, 2022

What is a motion for temporary relief Florida? This can be a motion for temporary timesharing in Florida also known as a motion for temporary child custody relief, a motion for temporary alimony, a motion for child support relief, a motion for attorney’s fees, or even a combination of all four if appropriate. A motion for temporary timesharing asks the family court to award you overnight timesharing with your minor children. A motion for temporary alimony argues that you have limited funds and need financial assistance during the divorce proceedings. A motion for child support relief in Florida requests retroactive child support, current child support, and future child support. A motion for attorney’s fees requests the court order your spouse or former partner to send you enough money to pay for reasonable and competent legal counsel. When you need answers and choose to hire an experienced and compassionate divorce attorney and paternity lawyer, call Jacobs Law Firm at 407-335-8113.

Motion For Temporary Timesharing in Florida

A motion for temporary timesharing in Florida is a valuable tool in a divorce and paternity lawyer’s toolkit. Let’s consider three hypothetical situations where a motion for temporary relief may be important to your case. 1. You have been denied overnight timesharing with your children and the denial is based on the other party’s unreasonable behavior. You have not seen your children in weeks, months, or years and you are being rejected. 2. You are worried that your kids are being mistreated or are otherwise in danger at the other parent’s residence and you have not been allowed to communicate with them. 3. You are concerned that your children are going to be unwilling to see you because the other party is blocking your time with them and is alienating them from you. A motion for temporary custody relief asks the judge to award you overnight timesharing with your children and to enter an enforceable court order ensuring your rights. Once a timesharing schedule is made, child support arrearages will likely stop accruing or be reduced to a reasonable amount.

A Motion for Child Support Relief

A motion for child support relief in Florida is generally filed by the spouse or parent who wants to receive child support during a divorce of paternity case. The factual basis of this motion for temporary relief is that one parent is in a lesser financial position than the non-paying parent. The minor child needs to be supported and either no support is being paid, or the amount is too small compared to what the guidelines suggest.

A Motion for Temporary Alimony

A motion for temporary alimony is generally part of a motion packaged with requests for attorney fees, and other costs to be assessed to your former spouse. One spouse must be able to pay and the other must demonstrate a need for spousal support on a temporary basis. Attorney fees are not awarded as often as litigants believe is warranted, but there are many circumstances where the court may award the party in need of fees to sustain an action.

When you are in a divorce or paternity battle and litigation seems to be the best option, call Jacobs Law Firm at 407-335-8113. We will help guide you and pursue your rights to win. A motion for temporary relief Florida has many potential aspects. It can be a motion for temporary timesharing in Florida, a motion for temporary child custody relief, a motion for temporary alimony, a motion for child support relief, a motion for attorney’s fees, or otherwise.