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equitable distribution of property in florida

Equitable Distribution of Property in Florida

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An important and recent family law decision regarding the equitable distribution of property in Florida that you need to be aware of comes from the case of Ramos v. Ramos, LEXIS 17847, (Fla. 4th DCA 2017)). In Ramos, the District Court of Appeals ruled that commingling may be proven under certain circumstances by an appreciation of pre-marital assets. Commingling of marital assets in Florida, which may create marital property in the eyes of the court as concerns equitable distribution of property in Florida, can occur when pre-marital assets appreciate in value during the marriage, but generally does not occur when pre-marital assets depreciate significantly in value during the marriage. Stated simply, if one spouse owned property before getting married, and that property goes up substantially in value while they are married, the court may choose to consider the appreciated value as co-marital property subject to equitable distribution. Call a divorce attorney Orlando and divorce attorney Clermont FL today for the answers you need. The Jacobs Law Firm may be reached by calling 407-335-8113.

Equitable Distribution of Property Florida

In Ramos, the Court explicitly determined that “Section 61.075(6)(a)(1)(b), Florida Statutes (2016), states that only the enhanced value of non-marital assets resulting from the efforts of either party during the marriage will become marital. Our case law is reflective of the Statute.” Basing its decision regarding commingling on another important 4th DCA case about the equitable distribution of property in Florida, Pereboom v. Pereboom, 959 So. 2d 1205, 1206 (Fla. 4th DCA 2007), the Court noted that the Husband proved he had owned and operated his business for a period of at least ten years prior to the beginning of his marriage. The Jacobs Law Firm, Family Lawyer Clermont FL, and a Family Lawyer Orlando, can litigate your case to help protect your assets.

Commingling of Marital Assets in Florida

Consequently, there was no commingling of marital assets in Florida as typically defined, and the Court needed to assess whether the business and its assets notably appreciated during the court of the marriage. Had the Husband’s business augmented in value, the Court might have ruled differently. This is why family law cases are fact-specific and one fact can change the entire outcome of the court’s ruling.

Commingling of Marital Assets in Florida

Instead, following the steps provided in the aforementioned Pereboom case, the burden shifted to Former Wife to prove to the court that the Husband’s premarital business had become marital property through an enhancement of its value. When the Former Wife could not make such a showing, the Court ruled the Husband’s business did not qualify as a marital asset subject to equitable distribution or unequal distribution, and in fact, had not been commingled in any demonstrable way.  In this case, the Former Wife did not show that she had made substantial contributions to the business that would have caused it to be classified as martially commingled, or the commingling of marital assets Florida.

The Ramos case is important in Florida family law because it in a sense makes the burden harder on the party seeking the inclusion of a business to be counted as a marital asset subject to equitable distribution. Jonathan Jacobs is a Family Lawyer Clermont FL, and a Family Lawyer Orlando.

Attorney Jonathan Jacobs is happy to address your questions about Florida equitable distribution of property, child support, child custody, and alimony.

Learn more about alimony in Florida by reading some of our blog articles concerning Florida law: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony. Jacobs Law Firm has a web page devoted to discussing and elucidating alimony in Florida. This marital dissolution process can be educational because of the number of life lessons a person can learn during the process, which can take a great deal of time!

What about child support health insurance? Divorce mediation? We let you know more information about those topics too. Attorney Jonathan Jacobs practices same sex divorce, relocation with minor child cases, as well as in other family law and paternity matters.

Landlord Tenant Lawyer in Orlando

Landlord Tenant Lawyer in Orlando

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Landlord tenant law is an area of law that involves a great deal of controversy and bitterness between the litigants. Let’s analyze the perspectives of both parties, the landlord and the tenant, in order to gain a deeper understanding of some of the issues involved in a housing dispute.  Included is a hypothetical landlord-tenant scenario to create a framework for this discussion of what the parties often fight about in these situations. If you need help with your lease, your eviction case, or any kind of a landlord-tenant legal issue, contact Attorney Jonathan Jacobs who is a landlord tenant lawyer in Orlando, and a landlord tenant lawyer in Clermont FL. We only litigate unlawful detainer lawsuits in Orlando, Kissimmee, Sanford, Tavares, and Ocala. We are not accepting any other new civil litigation claims at this time. Call 407-335-8113 for your unlawful detainer case today.

Hypothetical Landlord Tenant Dispute: Plaintiff/Landlord v. Defendant/Tenant

By way of hypothetical example, a landlord sues a tenant. First, we will present the hypothetical landlord’s point of view. As an law firm, we seek to understand both sides of the argument to help our clients win their cases. In this hypo, the landlord wants to sell his condominium because the value has gone up significantly in a short period of time. In his mind, the tenant has been nothing but a complainer, and too much trouble to be worth renting their home to. The landlord tells her landlord tenant lawyer in Orlando that her tenant has shown little appreciation for the maintenance of the property, and regardless, his/her lease will not be renewed the coming year. Knowing this information, why not try to compel the tenant to leave voluntarily, or at least plan for the next tenant or next step with/for the home?

From the landlord’s viewpoint, the tenant has become at best a minor nuisance, at worst a tenant with whom they cannot reason with. The tenant has text messaged and called dozens of times to demand repairs for the A/C, a leaky faucet, an electrical outlet that does not work properly, a door has become unhinged, etc. The list could go on ranging from serious repair problems to more ordinary household wear and tear (reasonable daily maintenance). Perhaps these are perfectly reasonable issues that need to be addressed to ensure the habitability of the residence and the comfort of the renters. Then again, the landlord might not believe that those repairs are his/her responsibility. This is why reading, reviewing, and understanding your renter’s contract is of the utmost importance.

There are frequently differing opinions as to the meaning of a lease agreement/contract. Ultimately, the landlord prefers that the tenant move out immediately. This may involve the landlord filing for eviction. Eviction can be done if the renter fails to pay rent in a timely manner, if the renter has damaged the property in a significant manner, or if the renter has refused the landlord access to repair serious damage to the property. Whether there is legitimate cause for such a lawsuit and verdict of eviction, is another matter entirely. Eviction is a fact specific issue. Call a landlord tenant lawyer in Orlando or a landlord tenant lawyer in Clermont FL to learn whether you have a viable case that can be brought to the court’s attention with the likelihood of a successful outcome.

Landlord Tenant Lawyer in Orlando: Tenant’s Point of View

In our hypothetical landlord-tenant dispute, let’s shed some light on the tenant/renter’s point of view. The tenant tells his landlord tenant lawyer in Orlando he has felt ignored and neglected by the landlord. He/she has brought to the landlord’s attention the fact that a licensed handyman, or a plumber, or some other qualified repair person needs to come fix several areas in/of the residence. The tenant has a sense of urgency about the completion of the repairs because he/she lives there with young children. The tenant wants to ensure their comfort and safety, but their inability to get the landlord to pay attention to their very real problems may cause a feeling of helplessness. Perhaps, because of the landlord’s inattentiveness, this renter believes they do not owe the full amount of the rent until repairs are made. This renter withholds rent and continues to send messages requesting that certain things be fixed. Tensions build with unpaid rent, unfixed areas of the residence, and varying interpretations of who is to blame. This is when the parties may seek to hire a landlord tenant lawyer in Orlando.

Civil litigation often involves a lot of money that you may be liable for or are trying to collect from someone. The best practice with the likeliest outcome of success is to hire an attorney who is trained to help you recover or defend against someone seeking to dispossess you of your home and your money.

Landlord Tenant Lawyer in Clermont FL

In another article, concerning mold exposure in a Florida apartment residence, I will explore the potential remedies both parties may have in their pursuit of meeting their demands and ensuring the health and welfare of the occupant(s). The best outcome is when landlords and tenants recognize there either is an issue, or an issue could develop if the parties remain at loggerheads, and consequently the parties work out their differences amicably. Both parties likely will need an attorney to present their arguments and to act as the voices of reason. Have you ever heard of an unlawful detainer lawsuit?

For more information please see Florida law Chapter 83 which governs landlord-tenant lawsuits. A landlord tenant lawyer can clarify any hard-to-understand provisions for you. Visit our Eviction homepage or our Landlord-Tenant homepage for more information. Landlord tenant disputes often arise in small claims court. We offer a small claims lawyer in Orlando, and a landlord tenant lawyer in Clermont FL should you want us there by your side.

Breast Cancer Awareness

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My mother Sue is a breast cancer survivor. I remember back about ten years ago when I brought her for what we anticipated would be a routine yearly mammography. She walked out of the mammography center patient room with a look of pure sickness on her face. At that point she had not visited an oncologist, nor had anything been confirmed, but the staff at the center told her they had found an abnormality and to see a specialist immediately. Among the other treatments she underwent, MammoSite® Radiation (the temporary implantation of a radioactive seed near the tumorous area) helped eradicate any cancerous cells. She still struggles with medical issues, but she is a survivor in so many ways. For more information about the Mall at Millenia charity event organized by Susan G. Komen and Florida Hospital.

Every year, out of an abundance of sadness that she has had to endure breast cancer, among her other maladies, and to celebrate her life, I do one of two things. Either I purchase some Susan G. Komen merchandise in order to make a small donation and to symbolize my support for “Big Momma” (she has a metaphorically gargantuan-size heart), or I endeavor to attend a Breast Cancer Awareness event. I have no doubt that many of you can relate because you know, and/or have supported a family member that has been afflicted with breast cancer or some other debilitating cancer. Among my favorite events to attend is the Mall at Millenia charity event Pink Out. Rock Out. Dine Out.

This year, my wife and I chose the “Pink Out. Rock Out. Dine Out.”, breast cancer awareness event held by the Mall at Millennia charity. All proceeds (100%) benefit the Florida Hospital Breast Cancer Care Fund, a fantastic organization which provides mammogram screenings for concerned patients. Several restaurants offered free food to attendees (those that have purchased a ticket as a donation) as well as coupons and drinks such as PINK lemonade to donors. Knowing about their philanthropic contributions, you may wish to dine out at the participating restaurants: Brio Tuscan Grille, The Capital Grille, The Cheesecake Factory, Earls Kitchen + Bar, and P.F. Chang’s.

What can you expect if you decide to attend Pink Out. Rock Out. Dine Out. next year, or any other breast cancer awareness charity event? Flocks of women dancing to cherish life, many humble guests that want to show their support, great food, a terrific live band, and ideally a feeling of wholesomeness as you spend for the exclusive benefit of others in need.

Please enjoy a few photos that we took at the event, and if you would like more information about future events, please check out Eventbrite.com or the Florida Hospital website for upcoming chances to make a difference.

Mall at Millenia Charity
Breast Cancer Awareness Event Pink Out. Rock Out. Dine Out. with my wife in the middle and my mother in law on the right.
Pink Out. Rock Out. Dine Out.
Attorney Jonathan Jacobs at Mall at Millenia charity event

Jonathan Jacobs is a family law, criminal defense, estate planning, landlord–tenant and auto accident attorney. Contact us today for a free case evaluation.

divorce papers orlando FL

Divorce Papers Orlando FL

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One of the best ways for a divorce attorney Orlando and family lawyer Orlando to build a relationship with clients is by helping them fill out legal documents for divorce and paternity cases. Helping clients with  divorce papers Orlando FL often arises when a client does not have the financial means to engage an attorney to complete all of the document preparation for them. One of the best solutions to this dilemma is for a lawyer to assist those clients with filling out the legal forms they need help with such as the financial affidavit and Uniform Child Custody Jurisdiction and Enforcement Act Affidavit. Need help with your family law papers in Orlando? Contact the Jacobs Law Firm today at 407-335-8113.

By providing help with divorce papers in Orlando FL, the family law attorney and client will both be rewarded with the opportunity become familiar with a variety of legal forms, the questions posed by the courts, and develop an understanding of the documents a client must furnish in order to complete the discovery portions of forms. Sometimes, half the battle is advising clients to bring in the proper documentation, and that may involve offering instructions on how to obtain those documents.

By helping litigants fill out their divorce or paternity papers and answering client questions, the attorney will develop a sense of confidence and awareness of frequently asked client questions. In order to answer these questions, the attorney and the client should use their common sense and life experience. However, if any of the questions linger in his mind as a little trickier than he had anticipated, the attorney will ask a colleague or alternatively research the answer on an attorney research site.

What forms are commonly filled out with the guidance of an attorney? Forms such as child support modification requests, financial affidavits for divorcing spouses, new business formation filings, and more. Filling out these forms can be made much easier for clients, meaning the family lawyer can demystify the questions and clarify the scope of the answers required.

Ultimately, clients that are working on a small budget (they have three kids, just lost their job and are going through a marital dissolution) might consider asking the Jacobs Law Firm to work with them on filling out vital required forms at a reduced rate to ensure affordability insofar as that is possible. The client will receive the help they need with mandatory forms, and an affordable family law attorney can benefit from gaining the trust of clients in the community.

If you are a future or current client who needs help with legal documents Florida, or help filing legal documents Florida, but find legal help unaffordable, ask our firm for help. The experience will be mutually beneficial.

divorce mediation orlando

Divorce Mediation Orlando

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Divorce mediation Orlando is generally ordered by the Judge in each family law case to allow the parties a full and fair opportunity to reach a resolution before appearing before the court. Divorce mediation may involve issues such as paternity, child support, timesharing, as well as property and asset distribution. Mediation is intended to be voluntary and to afford the parties an opportunity to finalize their case on their own terms. If you need to retain a family law attorney for your divorce or paternity mediation, call us at 407-335-8113.

Court dockets in many counties are flooded with cases that require the court’s time and availability, which may be in limited supply. Essentially, divorce mediation Orlando is often ordered by the court to see if the parties can resolve their legal differences on their OWN terms. Usually, it is the parents themselves that know what is best for their children. In divorce mediation in Clermont FL, and divorce mediation in Orlando, the dynamic of your case will be unique, and require a great deal of attention and preparation from your family law attorney. Jonathan Jacobs is a family law attorney in Clermont FL.

Generally speaking, the terms of the parties’ agreement in mediation is legally binding even if it is not identical to what the court itself would have ordered had the case gone to trial. This means that mediation can allow the parties to arrive at their own reasonable legal solutions based on the unique needs of their work schedules and economic circumstances. If the parties are successful, an agreement can be reached and enforced once accepted and ratified by the court. If the mediated marital settlement agreement (technical term of art abbreviated as MSA) is deemed unenforceable by the court, a hearing and/or trial will be necessary.

Benefits of Divorce Mediation Orlando

If the parties have not agreed to divorce mediation Orlando on their own volition, that likely means the Judge in their case will likely decide mediation is in the best interest of the parties (divorcing spouses and their children, if any). Mediation is often not in the front of litigants’ minds, but that does not mean it does not work, or that the parties cannot be successful participants in the process. The mediation process can be effective and produce a lasting agreement. Keep an open mind when you hear the word “mediation.” It is not punishment to the parties, rather it is the court’s way of providing an opportunity for resolution without the interjection of a referee. If you would like to speak with a family law attorney who helps clients with divorce mediation in Orlando, and divorce mediation in Clermont FL, contact the Jacobs Law Firm today!

I have written a partial list of the benefits of mediation. This is not a full list because family law mediation can bring about a wide variety of outcomes. A blog article cannot fully account for the realities of life and family law court.

  1. If ordered by the Court/Judge, mediation can save the parties money. This means more money for the parties and/or their children. If the mediator is furnished by the court, the parties will not be responsible for costs beyond the legal representation they choose and/or the court fees associated with the proceedings ($60-$100 is generally the cost of a court-appointed mediator for the parties. The price varies from county to county, but it is relatively low when compared with the cost of trial or hiring a private mediator which may be necessary depending on the combined income of the parties).
  2. Mediation allows the parties to decide their own family issues on terms that make sense to them. As long as your agreement is not unlawful or unenforceable, it will be respected by the court and will likely become legally binding. If done correctly, the choice is in the hands of the parties, not the Judge.
  3. Mediation can allow the parties to avoid having to litigate the legal issues such as child support, alimony, and time-sharing. Litigation is often time-consuming, expensive, and can be quite emotionally exhausting.
  4. Divorce mediation Orlando may allow the parties to air out their grievances in a confidential (unless you consent to the mediator discussing your positions with the other side) environment in order to attempt to reach a settlement that will have the least negative impact on their family, and ideally prevent the mutual alienation and frustration of the parties.

Mediation is not necessarily about “winning” your case. In fact, people are often deeply hurt by having to go through the legal process during marital dissolution. It might not feel like you have won your case, but if both parties can reach a fair resolution that respects the needs and goals of each side, then perhaps everyone can be said to have “won” mediation. This is your opportunity to settle your legal case on your terms without causing any further difficulty. In divorce mediation in Clermont, FL, by both parties working out their differences with a little help from the mediator and the divorce attorney(s), everybody can benefit. Jonathan Jacobs, Esq., is a family law attorney Clermont Florida.

Divorce Mediation in Orlando: How To Prepare For Mediation?

The best way to prepare for your mediation is to ensure that you have complied with court orders, reviewed your documents for accuracy, and will be open to considering a mutually beneficial outcome. Know the facts of your case. Understand that mediation is not in theory designed to favor one party, or to provide some unilateral victory. Rather, mediation is designed to forestall or prevent further litigation, and to (ideally) provide both parties with some of their demands/needs, as opposed to awarding one party everything they want. Keep an open mind and a stout heart. Remember that family comes first and minimizing the emotional and financial impact on your family is the real goal. Contact the Jacobs Law Firm, family law attorney in Clermont FL today at 407-335-8113