Category: Divorce and Family Law

When Does a Parenting Plan End in Florida

When Does a Parenting Plan End in Florida?

When does a parenting plan end in Florida? Pursuant to Florida Parenting Plan Guidelines, a child custody agreement (in Florida, we call this timesharing with a minor child) expires when your child(ren) turns eighteen (18) years of age. This is the age of majority, meaning your kid is no longer a minor child by operation of law. Once a kid turns 18, they are technically an adult in the eyes of the law. When a parenting plan expires in Florida, it can be problematic. If your child is 18 but still in high school, there may be child support implications. Your child may decide where they want to spend their time. This can lead to a tug-of-war between parents who blame each other for any loss of affection from child to parent. When you need to speak with an experienced Orlando child custody attorney, and a family lawyer in Clermont, FL, call Jacobs Law Firm d/b/a/ Jacobs Family Law Firm at 407-335-8113.

When Does a Parenting Plan End in Florida?

According to Florida parenting plan guidelines, a parenting plan ends in Florida when the minor child becomes an adult at the age of eighteen. The problem many parents face is their son or daughter is still in high school and has not graduated. They still live at home (one or both parents’ residence(s)). If the parenting plan has expired, it likely cannot be enforced by the court. If something goes wrong, what recourse do you really have to correct the situation? This leaves many parents in a difficult situation. They coparent stops encouraging mutual parenting, and the minor child has expressed a clear preference.

Florida Parenting Plan Guidelines and Child Support

Child support terminates when a minor child gets married, is emancipated, dies, has graduated high school, has turned 18 and gas graduated high school, etc. What happens when a child is 18 and has not graduated high school? Florida statutory law addresses this situation. If a child is eighteen years old and has a reasonable expectation of graduating high school before the age of 19, child support may continue for additional months until the month of graduation. It is easy to understand how this may be confusing for parents.

When does a parenting plan end in Florida? The parenting plan ends at 18, but Florida parenting plan guidelines make it clear that child support is not bound by that hard and fast rule. Child support is far more nuanced an issue. Call Jacobs Family Law Firm at 407-335-8113.

Motion for continuance florida family law

Motion for Continuance Florida Family Law

A Motion for Continuance Florida Family Law is covered by Florida Family Law Rule of Procedure 12.460 (Fla. Fam. Law. R. P. 12.460) and Florida Rule of Judicial Administration 2.545(e) (Fla. R. Jud. Admin. 2.545(e)). What is a good reason to ask for a continuance? If a pro se litigant is filing a Motion for Continuance for a divorce or family law case, it is best to include a detailed justification of the reasons for the continuance requested. If you have documentation in support of your Motion, it can be appended (attached) to/with the filing. Most courts require the attorney representing the client asking for a Motion for continuance to certify they have attempted in good faith to resolve the issues with the other party and or their counsel. Ultimately, the signature of the party filing the motion (Husband or Wife) must be included in the document. Call Jacobs Family Law Firm at 407-335-8113 for more information about your divorce or family/paternity case.

What is a Good Reason to Ask for a Continuance?

Some reasons in your Motion for Continuance in Florida Family Law asking for a postponement are: 1. the unavailability of a witness for an upcoming hearing, 2. documents subpoenaed from a non-party have not yet been received within a reasonable time, and/or 3. the parties are working toward a resolution of the issues and simply need more time to resolve their grievances. Of course, a common reason is a medical issue has arisen that may prevent one or both parties from attending a hearing. Providing a note from a licensed physician can be helpful in those instances.

How Many Continuances Will the Court Give You?

There is no prescribed limit to the number of continuances the court may grant, or the amount of any Motion for Continuance in Florida Family Law you may file, but consider whether your requests are excessive and/or frivolous or justified and reasonable.

A Motion for Continuance Florida Family Law is really about preparation, availability, and whether a hearing or trial is appropriately timed. Timing is a critical element of any divorce or family law case. When you are uncertain and need to speak with an experienced Clermont Divorce Attorney and Orlando Divorce Attorney, call Jacobs Law Firm at 407-335-8113. We are happy to assist you with resolving your family law matters. Jacobs Family Law Firm has offices in Winter Park, Florida and in Clermont, Florida.

marital asset valuation florida

Marital Asset Valuation Florida

Florida Statute 61.075 is Florida’s equitable distribution statute for marital asset valuation Florida. This Statute tells us a lot about the date for valuations of marital property (assets and debts). Fla. Stat. § 61.075(7) and Morgan v. Morgan, 327 So. 3d 898, 899, (Fla. 2nd DCA 2021), identifies that “equitable distribution of marital assets is a three-step process: (1) identification of marital and nonmarital assets, (2) valuation of marital assets, and (3) distribution of marital assets as statutorily prescribed.” When you need help determining the value of marital assets in Florida, call Jacobs Law Firm at 407-335-8113.

Based on § 61.075(7), Fla. Stat., the Morgan Court “requires that the date for determining which assets and liabilities can be classified as marital assets or liabilities is the earliest of the date the parties entered into a valid separation agreement OR the date the petition for dissolution of marriage was filed. You may want to analyze the values of your real and personal property items as of both dates to conclude which approach is best for your case.

This can be true, but also, in determining the value of marital assets in Florida, “a trial court has significant discretion in determining the date of valuation of marital assets.” Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)]; Moore v. Moore, 543 So. 2d 252 (Fla. 5th DCA 1989); Szemborski v. Szemborski, 530 So. 2d 361 (Fla. 5th DCA 1988). Further, based on the Statute, the Florida Supreme Court and its DCA progenies have stated the “date for determining the value of marital assets and liabilities is whatever date the trial judge determines is just and equitable under the circumstances. The trial court, in its discretion, may value different assets and liabilities as of different dates as the circumstances require.” This is so important for marital asset valuation in Florida. The Court has judicial discretion and may (subject to challenge) value different property based on different dates if that is what justice so requires in a court of equity.

For example, in Norwood, the Court ruled that the date of separation was the most appropriate for marital asset valuation in Florida. Norwood v. Anapol-Norwood, 931 So. 2d 951, (Fla. 3rd DCA 2006). Careful trial court and litigating attorneys; if different valuation dates are used to achieve equity, there must be substantial justification for the court’s exercise of its discretion. Tritschler, 273 So. 3d at 1165 (quoting Struble v. Struble, 787 So. 2d 48, 50 (Fla. 2d DCA 2001)). McGowan v. McGowan, 344 So. 3d 607, 613, (Fla. 1st DCA 2022). Call Jacobs Family Law Firm at 407-335-8113.

gray divorce regrets

Gray Divorce Regrets

What is gray divorce and why do older people harbor gray divorce regrets? Gray divorce is not a new phenomenon, but it is a growing trend that threatens to overtake the standard for marital dissolution. Statistically, most marriages end in dissolution. When we think of divorce, it is hard to imagine grandparents getting divorced and finding other partners. Grandkids probably would feel confused by having step-grandparents for both grandma and grandpa. Imagine being in your thirties or forties and your parents are in their sixties and seventies and they are divorced or going through that dramatic process. They are dating and having fun while you are in an intact marriage and raising a family. This adds an extra layer of complexity to family dynamics and can create rivalries and resentment. Not only do those in their fifties, sixties and seventies have gray divorce regrets, their children and grandkids have those regrets too. Call 407-335-8113 to speak with Orlando divorce Attorney and Clermont Divorce Attorney Jonathan Jacobs of the Jacobs Law Firm. We know what you are going through.

What is Gray Divorce?

Gray divorce often happens when parents have remained together for the benefit of their children. When the kids are done with high school and move out, go to college, get married, etc., those same parents no longer feel obligated to stay together. This may be hard to imagine for their kids who lack life experience, but many spouses remain married for the benefit of other people. Once they are no longer needed as a bedrock of parental stability, their job is done, and it is time to get back to enjoying their lives. Many marriages lack romance, friendship, and are full of turbulence and disagreements. This is where gray divorce plays a major role in family dynamics.

Gray divorce regrets are often felt by the person who initiated the divorce. Take for example a 70 year old spouse. They fell in love with someone half their age, had a romantic dalliance, and then realized that they are not healthy, young, and the companionship of a younger person bases solely on ephemeral excitement is no match for the tender, love, care and love of a 40-50 year marriage where there is a history. Sorry, but more often than not, once you cheat and forfeit a lifetime together for greener pastures, the train has left the station and there is no going back.

Whatever your reason for gray divorce, and there are countless reasons I could have specified, you may need the help, counsel, guidance and experience of a family lawyer Clermont such as Attorney Jacobs. If you need us, we are here for you. Call 407-335-8113.


Gray Divorce Advice for men and women. Gray Divorce is on the rise for men and women. Statistically, a higher than ever percentage of divorces are for spouses over 40 years old. What is gray divorce and why do some people who hav ebeen married for 20, 30, 40 or more years choose to get a divorce so late in life? #graydivorce graydivorceflorida uncontesteddivorce floridadivorcelawyer floridadivorce childcustodylawyer childsupportlawyer divorce equalrights courthearings courthearing filingfordivorce divorcehelp divorcetipsfordads #divorcecoach Visit to learn more about your rights. Call 407-335-8113 today. DISCLAIMER: The information on this Tik Tok page is for general information purposes only. Nothing here should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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brooksville divorce attorney

Brooksville Divorce Attorney

Brooksville divorce attorney Jonathan Jacobs enjoys working with clients throughout Hernando County, Florida. The Hernando County Courthouse on Main Street is part of the Fifth Judicial Circuit. Brooksville has a rich history of judicial proceedings. Being a small courthouse in a relatively smaller community, family law litigation in Hernando is even more interesting and important. Jacobs Law Firm litigates cases with unique issues in Brooksville. Family law, divorce, and paternity issues include child custody, child support, alimony, equitable distribution of marital assets, and other related matters. Jacobs Law Firm, a divorce attorney in Brooksville, Florida, has offices in Winter Park and Clermont, FL. You may call us, Brooksville family lawyers, anytime for a consultation at 407-335-8113.

Brooksville Family Lawyers and the Distribution of a Marital Home

Some of the most common issues we face as Brooksville family lawyers are the partition and sale of marital homes, same-sex divorce custody, and child support. There are sinkhole issues that sometimes become an issue in some cases as well. Brooksville, Spring Hill, Pine Hills, and Hernando Beach houses are beautiful. Hernando County is a beautiful place to live and raise a family. When a marital home is at issue in a divorce case, there are generally three practical solutions. The first is for the spouses to sell the home and equitably divide the proceeds. The second is for one party to refinance the home and provide the other spouse with a buyout payment. The third is for the parties to continue living in the home if there are children involved and the parties agree to remain together (even if divorced) for the benefit of the children.

Divorce Attorney in Brooksville, Florida and Child Support

Of course, as a Brooksville divorce attorney, we encounter a lot of child support cases. The Department of Revenue often seeks to establish cases before actions are filed for the establishment of paternity. Trying to establish the correct amount of ongoing child support and working out whether arrears are appropriate are major parts of the job of a divorce attorney in Brooksville, Florida.

As a Brooksville family lawyer, child custody (a.k.a. timesharing) is frequently at issue. Child custody is presumed statutorily to be equal, but every case is unique, and there are so many intervening factors. Distance is often an issue; sometimes there are DCF cases; and who gets to decide school enrollment are some of the most common things the court will need to decide. Call Jacobs Law Firm, a Brooksville divorce attorney, for a consultation about your family law case.

Child Custody Lawyer Orlando

Child Custody Lawyer Orlando

Attorney Jonathan Jacobs will go to court to fight for you to have custody of your children. Jacobs Law Firm is a child custody lawyer Orlando who knows your legal rights and is here to help you enforce those rights in court. The law has changed. Unmarried fathers now have more rights to see their children. Unmarried mothers who deny unmarried fathers time with their children may be at a disadvantage in court. Florida Statute 61.13 tells us the law favors equal timesharing for both parents. Attorney Jacobs is a custody lawyer Orlando who loves working with people to help make sure they get more time with their kids because more kids need more time with their parents. Call 407-335-8113 to speak with an Orlando child custody lawyer. When we meet, ask our Orlando custody lawyer all of your questions to make sure you maximize your time together.

According to Florida Statute 61.13, it is the public policy of this state that each minor child has frequent and continuing contact with both parents. Your child custody lawyer Orlando can read to you the Statutory language which now specifies (including for unmarried dads) that timesharing should be equal: “after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.” Perhaps the language many of you now know, and want to verify, is that timesharing should be equal for the parents because the default position of the Florida family court is that equal timesharing is in your child’s best interests.

Orlando Custody Lawyer

However, Attorney Jacobs, custody lawyer Orlando, understands you may want to know there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. What is a rebuttable presumption? It means that equal timesharing is not guaranteed. Both moms and dads may argue their case in court.

As a child custody lawyer, we know the types of arguments moms and dads make to the court. It is possible a lawyer will have their client argue how frequently they take their kids to the doctor, the dentist, school events, help with homework etc., and argue the other parent is not doing their fair share of parenting. Everything matters when an Orlando child custody lawyer argues your case before the family circuit court. Every text message, every e-mail, every communication in writing may be presented to the judge. Call 407-335-8113 today and learn about your parental rights.

Parental Alienation Florida Divorce

Parental Alienation Florida Divorce

Parental Alienation Florida

Parental alienation in a Florida divorce can have a detrimental impact on your ability to coparent, and even worse, a harsh and lasting impact on your children. How to prove parental alienation in Florida is by documenting instances of alienation and possibly through minor child testimony if permissible and appropriate. For instance, one parent may accuse the other parent of being a cheater and tell the kids the other parent has wrecked their family through selfish behavior. Even if this may ultimately be proven, it is the preference of the family court that parents avoid belittling one another in front of/to the kids. It is not healthy for children to be in the proverbial crossfire of parents getting a divorce and playing a sort of blame game. Children are not pawns or messengers for your divorce. As you might expect, in a contested divorce case, accusations fly, emotions run high, and that means parents need to be mindful that at the heart of it all is a child caught in the middle. Lean about parental alienation Florida. Call Jacobs Law Firm today at 407-335-8113 to speak with an Orlando divorce attorney and Clermont family lawyer.


Parental alienation does not help parents. It hurts kids. Before you run down your kids’ other parent, consider how your children will hear your words and how it will impact them. #coparenting #coparentinggoals #coparentingwithanarcissist #clermontdivorce #clermontfl #orlandofamilylaw

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Parental alienation Florida is intended to cause the kids to reject one parent and develop a sense of loyalty to the other. How to prove parental alienation in Florida? This poor behavior can manifest in various ways, from negative talking about the other parent, limiting contact with the other parent, creating fear of being alone with the other, or even falsely accusing the other parent of abuse. It is difficult to disentangle kids psychologically and emotionally from this sort of abuse. The Florida family courts prefer the kids have continuous and meaningful contact with both parents. Parental alienation in a Florida divorce achieves the exact opposite of what courts prefer.

As you may be aware, Florida family courts prioritize the best interests of the minor child first and foremost. Parental alienation is taken seriously because it can have lasting psychological impacts on the child and may harm the parent-child relationship. If a the judge determines that one parent is guilty of causing parental alienation, it can potentially lead to a modification in time-sharing arrangements, or some other form of relief such as the appointment of a parenting coordinator (among other potential outcomes).

How to prove parental alienation in Florida? The general evidentiary standard in cases where parental alienation Florida is alleged is that the moving party must show by competent and substantial evidence that the other party has committed the acts as alleged. McKinnon v. Staats, 899 So. 2d 357, 361 (Fla. 1st DCA 2005). For point of reference, one instance of purported alienation occurred in the case of Schumaker v. Schumaker where the father was alleged to have “consistently made degrading and obscene comments about the Mother. The Mother had a previous child out of wedlock prior to this marriage and the Father has made sure the minor children of this marriage know the circumstances of their half-sister’s … out of wedlock birth and routinely refers to the Mother in derogatory terms. The Father has told the minor son … that he does not have to listen to his mother and made derogatory statements about … half sister.”  931 So. 2d 271, 274 (Fla. 5th DCA 2006). Call Jacobs Law Firm today at 407-335-8113.

domestication of foreign divorce judgment in florida

Domestication of Foreign Divorce Judgment in Florida

Many divorced parents are moving to Florida for a better life. A large number of you also have a child custody order from another state. For good reason, people who are divorced want to take their final judgment here to Florida. It makes sense to want a domestication of foreign judgment Florida divorce. Why would anyone living in Florida prefer to litigate thousands of miles away in their former state when they now live here in Orange, Lake, Osceola, Seminole County, etc.? To domesticate a foreign judgment in a divorce, your divorce attorney Orlando may recommend you follow several technical procedures. This is a challenging lawsuit that is best handled by a Clermont divorce attorney. First, you may choose to file a petition to domesticate and enforce out-of-state custody order in Florida. By filing this sort of petition, and following all statutory requirements, you may be able to have your case transferred here to a Florida family court. Call Jacobs Law Firm and speak with Attorney Jonathan Jacobs about domestication of foreign divorce judgment in Florida. Dial 407-335-8113 today.

Domestication of foreign judgment in a Florida divorce means you will need to file the petition to domesticate and enforce out-of-state custody order in Florida. Your petition will need to be accompanied by an official copy of the final judgment, marital settlement agreement, and parenting plan from the state where you last litigated your case. The final decree must be the last final judgment and it is best if litigation is not pending to avoid dismissal or an interstate jurisdiction battle. You will need to file an affidavit attesting to this fact. Notice must be provided to the other parent pursuant to statutory law. The language is based on the statute and is quite specific. Pay careful attention to the requirements of domestication of foreign divorce judgment in Florida. There are a number of other requirements you must follow to be successful.

A former spouse may want the domestication of foreign judgment Florida divorce to ensure that the parenting plan can be enforced locally. It may be a deterrent toward future litigation if the other party lives a tremendous distance away from the court you have transferred your case to. It also will allow Florida law (generally) to be applied to your out-of-state decree. If your petition to domesticate and enforce an out-of-state custody order is granted and registration occurs, the parenting plan and child support can be enforced, potentially modified, and applied under Florida law. Call Attorney Jonathan Jacobs, divorce lawyer Orlando, divorce lawyer Clermont to find out if your case is a good candidate for a petition to domesticate and enforce out-of-state custody order in Florida. Dial 407-335-8113 today to start the process of domestication of foreign divorce judgment in Florida!

Motion for Summary Judgment Florida Divorce

Motion for Summary Judgment Florida Divorce

Florida Family Law Rule of Procedure 1.150 “Summary Judgment”, also known as Fla. Fam. Law. R. P. 12.510 is about drafting and filing a motion for summary judgment in a Florida divorce. Florida Family Law Rule of Procedure 1.150 Summary Judgment provides (in essence) that either party may ask the court to grant an end to your case. When a court grants summary judgment, it means the case will be decided based on the evidence available at that time (provided the facts are undisputed), meaning the case will essentially stop in its tracks. For example, if it is irrefutably proven that both parties earn the same income and that neither side has a need for alimony (they both have a surplus and no need for alimony) a party may wish to file a motion for summary judgment Florida divorce to seek the conclusion of the case without the need for trial. Call Jacobs Law Firm at 407-335-8113 to speak with an Orlando divorce attorney and Clermont divorce attorney to receive the help you need.

Did you know that Florida Family Law Rule of Procedure 1.150 Summary Judgment requires the movant (person asking for the court to grant SJ) to state in capital letters the following message:


If this bold-lettered message is not properly provided, a judge can as a matter of law deny a motion for summary judgment in a Florida divorce or paternity case.

When can you ask for summary judgment? Subsection (b) of Fla. Fam. Law. R. P. 12.510 provides that you may ask the judge for summary judgment at any time after the expiration of 20 days from the start of the case or after service of a motion for summary judgment by the adverse party. Further, the person requesting this outcome must serve the motion at least 40 days before the time fixed for the hearing that will result from service of the motion itself.

Perhaps the best news for practitioners such as Attorney Jonathan Jacobs is that a motion for summary judgment Florida divorce allows him to make use of the records from the case. In the motion and at the subsequent hearing, you can cite to depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, and/or other materials and or other materials at the court’s discretion. The other side has to serve a response at least 20 days before the time fixed for the hearing. Call Jacobs Law Firm today at 407-335-8113.

Florida Alimony Reform 2023 and Retirement

Florida Alimony Reform 2023 and Retirement

SB 1416, which is now Florida Statute 61.08 (Florida’s new alimony statute) signed into law by Governor DeSantis, is Florida’s alimony reform bill passed this year in 2023. This article is about Florida alimony reform 2023 and retirement. Alimony reform has modified the way family courts may consider alimony modification in Florida. Rather than leaving the alimony statute as nebulous and subject to an individual court’s interpretation and/or a hodgepodge of case law, SB 1416 has redefined how retirees paying alimony may be able to obtain relief. Jonathan Jacobs is a Florida alimony attorney with offices in Winter Park/Orlando and Clermont Florida. When you need to speak with an experienced alimony lawyer about how the new alimony reform Florida 2023 may impact you, call 407-335-8113 to schedule a thorough consultation. Have you heard of gray divorce? It can make an impact on alimony and retirement distribution.

Pursuant to Florida’s new alimony statute and its subsections about Florida alimony reform 2023 and retirement, “In reasonable anticipation of retirement, but not more than 6 months before retirement, the obligor [person paying alimony to their former spouse] may file a petition for modification of his or her support, maintenance, or alimony obligation, which shall be effective upon his or her reasonable and voluntary retirement as determined by the court pursuant to the factors in subparagraph 2.” It is important to note that most family law statutes in Florida provide for a number of factors the court may or must consider when ruling on timesharing, alimony or child support. This is what we often refer to as a totality of the circumstances principle. Florida Statute 61.08, Florida’s new alimony statute further provides that: “The court shall give consideration to, and make written findings of fact regarding, the factors in subparagraph 2. and s. 61.08(3) when granting or denying the obligor’s petition for modification; when confirming, reducing, or terminating the obligor’s alimony obligation; and when granting or denying any request for modification, the date of filing of the obligor’s modification petition, or other date post-filing as equity requires, giving due regard and consideration to the changed circumstances or the financial ability of the parties.”

The factors include, but are not limited to the age and health of the payor (remember, this is the person that is ordered to pay spousal support), their industry (line of work), the typical age of retirement in their field (it could be 55, 65, 67 or even higher), the needs of the payee (are they destitute or otherwise financially self-sufficient), all of the assets both parties have accrued before, during and after the marriage, and whether Social Security or other retirement payments allow for their financial stability.

Florida’s new alimony statute, which is Florida’s alimony reform bill 2023 informs us that when it comes to Florida alimony reform 2023 and retirement, a payor may petition 6 months before retirement to try to plan for a reduction of alimony. This is a helpful and important guideline. Call Orlando alimony attorney Jonathan Jacobs for the help you need. Dial 407-335-8113 today.