Category: Divorce and Family Law

Collaborative Divorce Clermont FL

Collaborative divorce Clermont FL is a newer and in many ways better method/medium for your divorce. Orlando and Clermont collaborative divorce is changing the way that people think of family law. Generally, collaborative fa of non-traditional divorce is cooperation, openness, honesty, and teamwork. After all, with collaborative divorce, there is an entire team at your fingertips to help you and your spouse throughout the entire process. Maybe the toughest part of this type of divorce is agreeing the participate rather than relying on more common methods that can lead to broader conflict. When weighing cost, time, privacy, and all of your options, consider calling Clermont collaborative divorce attorney, Jonathan Jacobs, of the Jacobs Family Law Firm for a thorough review of your case. Dial 407-335-8113 today.

Clermont Collaborative Divorce Attorney

The most common question (usually these terms are discussed after a mutual understanding of all of your needs) when clients ask about collaborative divorce in Orlando and collaborative divorce in Clermont FL is the cost. After all, why invest so much money into a process that does not guarantee a result? The collaborative process is generally more peaceful, upfront, and can lead to a resolution where both spouses feel less slighted and less impacted by the bitterness of the divorce system.

Generally, with collaborative family law, both parties may preserve their financial privacy from the public viewing, but share all aspects of their financial portrait with each other. In fact, it is the financial neutral (an experienced financial planner) that reviews your financial documents and determines several possible outcomes for both spouses to review. The parties themselves drive the process. The Clermont collaborative divorce attorney is there to help his/her client for the duration.

One of the more common complaints people express in a lengthy and contentious divorce is the emotional strain and financial stresses the process causes. Collaborative divorce in Clermont FL is inherently designed to alleviate these issues. There will be a mental health neutral available to both parties to help negotiate any parenting issues, to spot when either party is distraught or distracted, and they may offer support when needed the most. They are a guidepost for those impacted by their circumstances.

Ultimately, when you are searching for a better way to divorce, and you are concerned about the cost of a year long legal battle, you may prefer to seek our a Clermont collaborative divorce attorney. Attorney Jonathan Jacobs can guide you throughout collaborative divorce Orlando and collaborative divorce Clermont FL. Call 407-335-8113 today.

minneola divorce attorney

Minneola Divorce Attorney

Jacobs Family Law Firm, Minneola divorce attorney, is an experienced and compassionate family and divorce law firm with offices in Clermont and Winter Park. Minneola and Clermont are two of the fastest growing towns/cities in all of Florida (in case you haven’t noticed the traffic, it is a booming city). As families relocate to/move to Minneola and Clermont from New York, New Jersey, Connecticut, Massachusetts, Texas, California, North Carolina, and elsewhere, their circumstances often change. This means that a lot of personal finances change, relationships grow and devolve, and divorce can be the result of a lot of those life changes. As a divorce attorney in Minneola FL, Attorney Jacobs knows that separation from your spouse can be a stressful time full of uncertainly and concern. If you need to speak with an experienced family lawyer Minneola FL, call us for a consultation at 407-335-8113. We will answer your questions, listen carefully to the facts of your case, and advise you how you may proceed. Knowledge is power and knowing your options can help you choose the best course of action not only for yourself, but also your family. Call Jacobs Law Firm at 407-335-8113 and speak with an experienced divorce attorney in Clermont and divorce lawyer in Orlando. We offer flat fee affordable rates for divorce and paternity cases.

Divorce Attorney in Minneola

As a Minneola divorce attorney, we practice the three primary types of divorce. This includes contested divorces, uncontested divorces, and collaborative divorce. As a family lawyer Minneola FL, we also litigate paternity matters involving fathers’ rights. During your consultation, we will discuss the unique facts you present to us and help you choose which method is best for you. Not all situations allow for collaborative divorce in Clermont or Minneola, or for an uncontested divorce, and that is fact-dependent. With a collaborative divorce, you may be able to avoid the courtroom altogether. Financial privacy is often assured. An entire team is devoted to an equitable outcome for both parties. The lion’s share of the cost is paid upfront and may cost less than had you litigated a lengthy and bitter divorce.

A divorce attorney in Minneola can help you find out if an uncontested divorce in Minneola is right for you. An uncontested divorce is one where you and your spouse have enough of a relationship to resolve all issues and finalize all documents before filing a case. This can help avoid litigation entirely, and minimize costs. An uncontested divorce is distinguishable because the spouses themselves drive the process.

family lawyer minneola

Family Lawyer Minneola

Alternatively, some of you may be unmarried parents and need a family lawyer Minneola to help secure parental rights. If you are an unmarried father in Florida, your rights are limited until you have filed an action for the establishment of paternity and child support. You likely also want to get the DOR out of your finances, and we can help in many cases.

To consult with a Minneola divorce attorney, call Jacobs Law Firm at 407-335-8113 and speak with a family lawyer Minneola and divorce attorney in Minneola to learn about your options and your legal rights.

modification of alimony in Florida

Modification of Alimony in Florida / Termination of Alimony in Florida

When identifying whether you can terminate alimony in Florida or modify alimony in Florida, it is important to research not only case law to support your petition, but also the meaning of Florida Alimony Statute 61.14, “Enforcement and modification of support, maintenance, or alimony agreements or orders”. The new Florida alimony reform bill, Senate Bill SB 1416 also addresses issues such as retirement and the standard of proof for an award of alimony. Florida Alimony Statute 61.14 informs us that the modification of alimony in Florida or termination of alimony in Florida can be ruled on by the court when there has been a supportive relationship between the recipient/obligee and a person with whom he or she is co-habitating. The burden of proof in a petition for modification of alimony or petition for termination of alimony is on the obligor/payor (person ordered to pay alimony). Their evidentiary burden is to prove the existence of a supportive relationship by a “preponderance of the evidence”. Ultimately, the court has the discretion to probe any number of facts and issues to determine whether a supportive relationship exists between the recipient former spouse and their significant other. SB 1416 requires that the payor prove the existence of a supportive relationship as a threshold test, after which the burden shifts to the payee to prove the non-existence of the supportive relationship. Call Jacobs Law Firm to speak with an alimony attorney at 407-335-8113 to discuss your alimony modification today.

termination of alimony in Florida

Petition for Modification of Alimony or Petition for Termination of Alimony

The court is required to make written findings in alimony modification cases. Based on your petition for modification of alimony or petition for termination of alimony, the court will consider the following (just some of the factors and they are paraphrased to plain language) in making its decision on modification of alimony in Florida or termination of alimony in Florida:

  • Have the recipient spouse and their romantic partner held themselves out to be a married couple by their behavior, or otherwise conducting themselves in a way that “evidences a permanent supportive relationship”?
  • How long the recipient spouse has lived with their significant other in a permanent residence.
  • The extent to which the recipient spouse and their partner have combined their finances and demonstrated shared expenses.
  • How much the couple has supported each other financially.
  • The degree to which the recipient spouse has performed valuable services for the romantic partner or the romantic partner’s company or employer.
  • Whether the romantic partner and recipient spouse when seeking a modification of alimony in Florida have enhanced the value of any shared assets.
  • Whether the romantic partner and the other person have jointly contributed to the purchase of any real or personal property.

Call Jacobs Law Firm at 407-335-8113 to discuss your modification of alimony in Florida or termination of alimony in Florida. Attorney Jacobs may be able to help provide you with substantial savings. Each case is unique and we can analyze the facts of your alimony case.

How Long Does a Collaborative Divorce Take in Orlando Florida?

How Long Does a Collaborative Divorce Take in Orlando Florida?

How long does a collaborative divorce take in Orlando Florida? Statistically, the collaborative divorce process is intended to take approximately six months. The vast majority of collaborative cases resolve by the nine-month period. Sometimes spouses must go into overtime because of the breadth of their assets. Why is the 6–9 month period appropriate for this rather special and highly successful type of divorce and family law? Call your Orlando collaborative divorce attorney Jonathan Jacobs of the Jacobs Family Law Firm, PLLC at 407-335-8113 for more information. We will let you know if the collaborative divorce timeline matches your expectations for getting divorced.

How long does a collaborative divorce take in Orlando Florida? The collaborative divorce timeline generally dovetails with the number of team meetings the spouses may need to reach a full resolution of all issues. This means that if there are three full team meetings, the process will generally resolve within six months. If the spouses are working on their parenting plan and reach a stalemate or difficulty with a few issues, there may need to be an additional team meeting or additional time spent with the mental health neutral and the spouses. Further, even if the parenting plan is fully drafted and executed, there may be some concern as to the equitable distribution proposals from the expert financial planner. This may necessitate more document production, or further discussion among the parties as to the best way to move forward for mutual satisfaction.

In cases where some issues are unresolved, there may be four or five full team meetings and the process may reach as long as a year, which though very rare, is a possibility. The great news is the more the parties are involved in the process, the better the result will be. Being engaged in your own outcome is the essence of the teamwork collaborative divorce requires for success.

Depending on where the case is ultimately filed (a collaborative case may be filed at the beginning of the process or toward the conclusion), it may be considered an uncontested divorce in Florida with no court appearance. Many courts will allow collaborative family law cases to be finalized without necessitating you or your spouse appear before the court. This factors into our question of how long does a collaborative divorce take in Orlando Florida? There is a twenty day statutory waiting period for divorce per Florida Statute 61.19 which informs us that: “No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.” This Statute, though not a hard-and-fast rule for all cases, may add an additional 2-4 weeks at the end of your collaborative family law case for its finalization.

When you need answers about the collaborative divorce process, call Jacobs Law Firm at 407-335-8113 and we will provide you with a comprehensive consultation.

Orlando Collaborative Family Law Divorce

Orlando Collaborative Family Law Divorce

An Orlando collaborative family law divorce is an advanced form of uncontested divorce. When considering the differences between an uncontested divorce vs collaborative divorce, it is important to point out the key distinctions to help you choose the best path forward. An Orlando uncontested divorce is one in which the parties themselves drive the process. Both spouses must contribute to the development and drafting of a parenting plan and marital settlement agreement. Your uncontested divorce lawyer in Orlando will quarterback the entire process, however we would be the only professional involved (in most cases). With a collaborative family law divorce Orlando, there is an entire team of professionals at your disposal. We perform and perfect many uncontested divorces for our treasured clients. Many of the most satisfying cases are those that do not involve litigation as spouses often go off into the sunset of post-marital life without having endured the struggle of traditional divorce. Call Jonathan Jacobs, Esq. at 407-335-8113 and ask how we may simplify your divorce as your collaborative divorce attorney Orlando.

Orlando Collaborative Family Law Divorce

Uncontested Divorce vs Collaborative Divorce

Traditionally, when considering uncontested divorce vs collaborative divorce, clients factor in the cost, the time involved, and the need for additional professionals. You may recall from reading our other articles, collaborative divorce is achieved with the help of a collaborative team of professionals. Each spouse retains a collaborative divorce lawyer, and in addition to the legal professionals, the parties will retain a mental health neutral, and a financial expert. This enables the parties to have all aspects of their divorce planned for them in a manner which is generally fair and equitable and designed to allow everyone to feel comfortable throughout the entire process. We have a terrific track record of resolving uncontested divorce cases as well. It is important to note that an Orlando collaborative family law divorce is about the process and the team, whereas a traditional uncontested divorce is about the litigants themselves with the attorney in the background. It takes a lot of negotiating and diligence to help spouses follow through with an uncontested divorce. This is because divorce is stressful and can be emotionally and financially hurtful. Among the many benefits of collaborative family law divorce Orlando is the team is there to support the parties in a multitude of ways.

Orlando Collaborative Family Law Divorce

When considering if an Orlando collaborative family law divorce is right for you and you want to talk about the benefits of uncontested divorce vs collaborative divorce, we will be happy to provide you with the knowledge and perspective you need to make this essential decision for your family. Call 407-335-8113 today to speak with your collaborative divorce attorney Orlando.

florida unlawful detainer process

Unlawful Detainer Process Florida

The unlawful detainer process in Florida is among the more technical and rule-driven lawsuits. This may fall under the umbrella of real estate and landlord tenant law, but it is not an eviction. The Florida unlawful detainer process is full of procedures that must be followed to obtain the best result. Florida Statute 82.01(4) defines unlawful detention as “possessing real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person.” More plainly, an unlawful detainer lawsuit is about removing an unwanted guest, relative, romantic partner, or other person occupying your property without your consent or permission. Now that you know what an unlawful detainer is, and can define it by law, let’s talk about how it works. Call Jacobs Law Firm at 407-335-8113 for the information you need to ensure the return of your property and that could include recovery from squatters or unknown persons.

Florida Unlawful Detainer Process

The unlawful detainer process in Florida is about obtaining a court order to command the police to remove an occupant from your property. The Florida unlawful detainer process begins when you hire Jacobs Law Firm, ensure your documents are completed, and file your case. Once filed, the other party is served with a specialized summons that is allowable under summary procedure.

Once the other party is served, and there are at least two means of service for this type of lawsuit, they have a certain number of days to respond. The Florida unlawful detainer process continues once you know whether the defendant(s) has responded and is contesting your action, or if they may be subject to losing the case because of their inattention. A lawsuit of this kind or nature often depends on whether a hearing or trial is necessary, or if your case may be won by involving the clerk and the court pending the response or lack thereof from the unwanted occupant(s).

The Unlawful detainer process in Florida is about correcting a situation where law enforcement may not be able to become involved without being commanded by the court. Florida is generally not a self-help state and breaching the peace may come with consequences. Therefore, when you are considering filing an action for the removal of the person occupying your residence, you should call Jacobs Law Firm, speak with Attorney Jonathan Jacobs and find out the intricate a lawsuit like this can be. Dial 407-335-8113 and find out how to recover your property from unlawful occupancy.

How Long Does It Take For An Unlawful Detainer In Florida

How Long Does an Unlawful Detainer Take in Florida?

How long does an unlawful detainer take in Florida? The minimum amount of time for your unlawful detainer case to be resolved is approximately 4 weeks and likely will take longer. For that rare timeframe to occur, everything must be in the plaintiff’s favor and the court must act swiftly. Routinely, how long does it take for an unlawful detainer in Florida, is a question of the process itself as explained below. We can estimate 5-8 weeks at as a starting estimate. Below we consider a few different scenarios to help determine the timing of an unlawful detainer lawsuit in Florida. When you need an experienced unlawful detainer attorney on your side, call Jacobs Law Firm immediately at 407-335-8113. We litigate unlawful detainer cases in Orange County, Seminole County, Osceola County, Lake County, Polk County, Marion County, and elsewhere in Central Florida. Unlawful detainer may fall under the category of real estate and landlord tenant law, but it is not an eviction.

How Long Does It Take For An Unlawful Detainer In Florida?

How long does it take for an unlawful detainer in Florida? The unlawful detainer process starts when you have a guest or unwanted person(s) living in your house or apartment. That person refuses to leave and is creating an environment that is against your best interests. Perhaps you have called law enforcement and they have refused to remove that person without a court order. Your next step is to call your unlawful detainer attorney for help.

How long does an unlawful detainer take in Florida? Suppose we have concluded our consultation, examined the facts of your case, and your unlawful detainer case appears to have good facts with which to litigate. It takes (generally) 3-5 business days for your paperwork to be drafted and approved. Once your lawsuit is filed, the court may take 1-5 days to process your documents, and it can take days for your summons to be issued. Then comes the service of process, which can be tricky when unlawful detainer is the issue under litigation. Once served, which can take days or weeks (this may include your certificate of mailing), the defendant has five working days to respond or else they may face a default.

Once your unlawful detainer defendant has been served, if they do not respond, there still remains a rather sophisticated process for default to take hold. Should the defendant respond, then a hearing must be scheduled for the matter to be heard. Eventually, these cases may take up to 8 weeks or more depending on the court’s availability for a hearing and the court’s speed with issuing its decision. Call 407-335-8113 today to speak with Attorney Jonathan Jacobs about the process.

marion county unlawful detainer

Unlawful Detainer Marion County Florida

Looking to file an unlawful detainer Marion County Florida? The Marion County unlawful detainer process may be challenging but the end result in a majority of cases can be excellent. Unlawful detainer is a specific area of landlord-tenant and real estate law. The premise for this type of action is that you have someone in your home that is an unwanted and unlawful guest. The key word here is guest. This is not a renter, or a co-owner or a spouse. It is just a guest. Read on to find out more, and if you need an unlawful detainer attorney Marion County Florida, call Jacobs Law Firm at 407-335-8113. Hire us to litigate your case and take your home back in Ocala, Dunnellon, Silver Springs Shores, McIntosh, Belleview, Reddick, Fairfield and more!

An unlawful detainer Marion County Florida is about a key legal distinction. This person is not paying you regular rent. It is someone you may have invited, or who has just stumbled onto the property and refuses to leave. Sometimes law enforcement will provide help, but is many instances, even the police will let you know that the courts prefer you bring your complaint before the judge in county court. A judge will need to verify the facts of your case and make sure that your unlawful detainer attorney Marion County Florida has presented sufficient evidence and facts to make a proper argument for you Marion County unlawful detainer case. There can be many defenses in this kind of an action.

It is important that you choose a Marion County unlawful detainer attorney with knowledge of the nuances this type of legal action can bring to the forefront. Being a unique area of landlord-tenant law makes this kind of lawsuit challenging. To be successful you should hire counsel with experience and knowledge like the Jacobs Law Firm and Attorney Jonathan Jacobs.

Unlawful Detainer Attorney Marion County Florida

Unlawful Detainer Attorney Marion County Florida

Before you call or e-mail us about your situation, we ask that you verify just a few things for us. First, are you the owner or sole renter of the property? Is anyone paying you rent or mortgage payments? Do you have any history of co-ownership with the person you are seeking to remove from your property? An unlawful detainer Marion County Florida is a lawsuit that is brought by one or more plaintiffs for the removal of an unwanted guest unlawfully occupying your property. When you are ready to take your property back, call 407-335-8113 to speak with your Marion County unlawful detainer attorney.

Looking to file an unlawful detainer in Osceola County? Orlando? Lake County? Anywhere in Florida?

collaborative divorce orlando

Collaborative Divorce Orlando

You need to research collaborative divorce Orlando and how much does collaborative divorce cost near Orlando, FL. Here are some reasons you may need to speak with Jacobs Law Firm about an Orlando collaborative divorce. Orlando is a thriving city. Our tourism and hospitality industries are ever-expanding. The great news is many amazing professionals have relocated here for promotions and to pursue career opportunities. Often, when families move, or one or both spouses achieve career success, schedules can be demanding. Issues can arise and the stressors and strains can lead to a lack of communication and the breakdown of a marriage. When one or both spouses (and/or parents) work long hours, their primary focus may be on their job and kids, which might create a void in your marriage. If divorce in Orlando is absolutely necessary for you and your spouse, consider carefully the impact it may have on your career, finances, and most importantly, on your family. Jonathan Jacobs is a skilled collaborative divorce attorney near Orlando, FL. He is personable, caring, and dedicated to working with family-oriented professionals during their toughest times. Call 407-335-8113 today for the help you need with your collaborative divorce or uncontested divorce.

How Much Does Collaborative Divorce Cost Near Orlando, FL?

How much does collaborative divorce cost near Orlando, FL? Collaborative divorce Orlando may be more affordable than the alternatives. Consider these four factors: 1. Collaborative divorce offers you discretion. Your financial settlement will not be placed on display for others to intrude upon. 2. Collaborative divorce involves at least two collaborative professionals that are neutral in the process. A financial neutral will plan your equitable distribution, and a mental health professional will guide your parenting plan as well as help ensure you and your spouse communicate throughout the process in a meaningful way. 3. In a collaborative divorce, the attorneys must by law disengage once the process succeeds or fails. We may not litigate after representing you in a collaborative divorce. This helps to guide us toward encouraging you to remain true to the process. 4. A collaborative divorce takes place privately and if successful, the spouses make all of the decisions.

orlando collaborative divorce

Orlando Collaborative Divorce

An Orlando collaborative divorce generally starts at approximately $20,000. This is typically paid by both spouses from a retirement or other joint account. Each spouse’s attorney, the mental health professional, and the financial planner typically request a down payment of at least $5,000. Prices can be higher or lower depending on the time you require to finalize your case, and the level of expertise of each professional involved. A collaborative divorce is estimated to take between 5-8 months to complete depending on the level of urgency among the spouses, and the amount of issues involved in a case. When factoring in that a standard contested divorce ranges from $5,000-$10,000 before the parties get to mediation (not counting deposition and trial retainers), the cost of a collaborative divorce may seem even more appealing.

When you are ready to hire a divorce attorney Orlando practicing collaborative law, call Jonathan Jacobs at 407-335-8113. We are here to help YOU.

setting aside a postnuptial agreement Florida

Setting Aside a Postnuptial Agreement Florida

When you need a divorce attorney Orlando to help with setting aside a postnuptial agreement Florida, call Orlando postnuptial agreement attorney Jonathan Jacobs of the Jacobs Law Firm at 407-335-8113. Jacobs Law Firm litigates cases where a spouse is seeking to set aside a postnuptial agreement and cases where a spouse is seeking to enforce a postnuptial (defend against setting it aside). Clients often ask “can you cancel a postnuptial agreement?” The answer is one that lawyers are all too familiar with, “it depends”. The outcome depends on the unique facts of your divorce, as well as on the viewpoint of the family law judge assigned to your case. Call us today to schedule a consultation to discuss the facts of your divorce.

The Florida Supreme Court provided family litigants with the ultimate test for the enforceability of a postnuptial agreement in Florida. The case on point is Casto v. Casto, 508 So. 2d 330 (Fla. 1987) in which the primary issue is setting aside a postnuptial agreement Florida. A Florida postnuptial agreement may be challenged on two different levels with multiple nuanced bases. Speak with an Orlando postnuptial agreement attorney today to determine the strength of your postnuptial agreement, whether you are on offense or on the defensive.

Orlando Postnuptial Agreement Attorney

In Casto v. Casto, the Florida Supreme Court lays out that a postnup agreement may be set aside or modified if the attacking spouse proves the alleged agreement was obtained by fraud, deceit, duress, coercion, misrepresentation, or overreaching. Each one of these legal terms of art may be argued. Some hypothetical examples include if a spouse has forged the other spouse’s signature in executing a Florida postnuptial agreement. Perhaps a spouse was tricked into signing a document that he or she was told was some other kind of legal paper. Maybe a postnuptial agreement created a circumstance where one spouse receives every asset and the other only debts. The potential factual circumstances are unlimited in their variegation both for and against an agreement’s enforceability. An Orlando postnuptial agreement attorney can discuss your case in great detail with you and provide insight into how your case might unfold.

Orlando Postnuptial Agreement Attorney

The Florida Supreme Court’s second level of the test for enforceability in setting aside a postnuptial agreement Florida provides that the spouse challenging the agreement must establish that the agreement makes an unfair or unreasonable outcome for that spouse, given the relative circumstances of the parties. Careful readers, because if the Florida postnuptial agreement is years old, those circumstances under review are based on those at the time of its execution. If the challenging spouse establishes a postnuptial is unfair or unreasonable (not just that the spouse made a bad fiscal bargain), a presumption arises that there was either concealment by the defending party, or that the attacking spouse lacked any knowledge of the defending spouse’s finances at the time the agreement was reached.

This is not the entirety of the Casto test for setting aside a postnuptial agreement Florida. If the attacking spouse can prove that the purported agreement was unconscionably unbalanced in favor of one spouse, the burden would shift to the defending spouse. Should Orlando postnuptial agreement attorney Jacobs Law Firm represent the defending spouse, we might argue that they made full disclosure of their finances contemporaneous to the execution of the postnup, and that because the parties were not dealing at arm’s length (having been married), the other spouse should have known about marital finances, and had the opportunity to make reasonable inquiry thereto.

If you need help with setting aside a postnuptial agreement Florida, call Orlando postnuptial agreement attorney Jonathan Jacobs of the Jacobs Law Firm at 407-335-8113 and receive insight into your predicament.