Category: Divorce and Family Law

Divorce Attorney Brooksville, FL

Divorce Attorney Brooksville, FL | Family Law Attorney Brooksville

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Jacobs Law Firm is a Divorce Attorney Brooksville, FL representing clients in rustic and lovely Hernando County, Florida. Known for its classic Florida architecture, scenic views, unique restaurants, and state parks, Hernando County is home to Brooksville, Spring Hill, Hernando Beach, Pine Island, Ridge Manor and other picturesque towns. The Hernando County Clerk of Court and family courthouse is located at 20 N. Main Street, Brooksville, FL 34601. When you need help with your divorce or family law (paternity) case involving child custody/timesharing, child support, alimony, property distribution, relocation, and more, call 407-335-8113 to speak with Jonathan Jacobs, Family Law Attorney Brooksville, FL.

As a Divorce Attorney Brooksville, FL, Jacobs Law Firm understands and appreciates the battles families go through when they are in the middle of a divorce or an emotional timesharing fight among the parents. Hernando County cases can involve severe family issues with drugs, alcohol, domestic violence, and other challenging predicaments. This is why it is best to speak with a Family Law Attorney Brooksville, FL who has been to court on a multitude of issues. Jacobs Law Firm can represent you throughout your legal ordeal. Much of divorce and family law litigation may involve asking the court to command the parents to coparent, share time with their children, to pay temporary child support based on child support guidelines, to award temporary financial relief such as alimony and house payments, and other forms of temporary relief.

Family Law Attorney Brooksville, FL, Jonathan Jacobs, believes the Hernando County Court is one of the best places for prosecuting family law cases in Florida. The judges have established a number of policies and procedures to help move divorce and paternity cases along as fast, fully and effectively as possible. This inspires spouses and parents to settle their issues, or bring their cases before the judge or magistrate in a timely manner. One of the best aspects of family law in Hernando County is the parties have opportunities to settle their case before litigation is necessary, and it often starts with their fantastic mediation department.

Jacobs Law Firm is a Divorce Attorney Brooksville, FL that goes to court for you. We litigate cases involving child custody, child support, alimony, property distribution, relocation with minor children, modifications and more. Call 407-335-8113 to speak with Attorney Jacobs about your unique case. We will spend time with you to answer all of your questions and let you know how we can help you settle your case or litigate through trial. We are accepting clients in Brooksville, Spring Hill, Hernando Beach, Pine Island, and throughout all of Hernando County, FL.

Divorce Attorney Deland, FL

Divorce Attorney Deland, FL | Deland Divorce Attorney

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Jacobs Law Firm is a Divorce Attorney Deland, FL representing clients in beautiful Volusia County, Florida. Known for its beaches, lazy rivers, and classic Florida architecture, Volusia County is home to Daytona Beach, Ormond, DeLand, Edgewater, Holy Hill, Debary, Orange City, New Smyrna Beach, Deltona, Orange City, and more. The Volusia County Clerk of Court and family courthouse is located at 101 N Alabama Ave, DeLand, FL 32724. When you need help with your divorce or family law (paternity) case involving child custody/timesharing, child support, alimony, property distribution, relocation, and more, call 407-335-8113 to speak with Deland Divorce Attorney Jonathan Jacobs.

As a Divorce Attorney Deland, FL, Jacobs Law Firm recognizes the struggles families go through when they are experiencing a divorce or a messy child custody situation. Many cases involve issues with neglect, harsh discipline, drugs, alcohol, domestic violence, or other challenging situations. This is why it is best to speak with an experienced Deland divorce attorney who can guide you through the process. Many contested cases will involve motions asking the court to order the parents to share time with their children, to pay temporary child support, to award temporary financial relief, and other forms of temporary relief.

Deland Divorce Attorney Jonathan Jacobs believes the Volusia County Courthouse offers one of the best forums for litigation in all of Florida family law. The judges have established a streamlined process where they hold case management conferences frequently to help move divorce and paternity cases along as fast, fairly and efficiently as possible. This encourages litigants to resolve their issues, or encourages them to bring their case to litigation in a timely manner. One of the best aspects of family law in Volusia County is the parties have opportunities to settle their case before litigation is necessary (generally speaking).

Jacobs Law Firm is a Divorce Attorney Deland, FL that goes to court on your behalf. We litigate cases involving child custody, child support, alimony, property distribution, relocation with minor children, modifications and more. Call 407-335-8113 to speak with Attorney Jacobs about your unique case. We will answer all of your questions and let you know how we can help you. We are accepting clients in Daytona Beach, DeLand, and throughout all of Volusia County, FL. Have you considered a prenuptial agreement or a postnuptial agreement to help plan and protect your property?

florida marital settlement agreement

Florida Marital Settlement Agreement

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What is a marital settlement agreement in Florida? A Florida marital settlement agreement (MSA) is interpreted by the family court as a contract equitably dividing your marital assets and liabilities. An MSA is in fact a contract subject to the same requirements for its formation and enforcement. The circuit family court is referred to as the trial court. The trial court must enforce the terms of a marital settlement agreement Florida when properly asked to do so upon a party’s motion. However, you must be aware that the trial court has no power to rewrite an MSA when called upon to enforce its terms. Prieto v. Rossi, (Fla. 4th DCA 2024). The contract is binding as is and cannot be changed by the family court. Call Jacobs Law Firm, Family lawyer Winter Park FL, Family Lawyer Clermont FL at 407-335-8113.

Often, after a dissolution of marriage has been granted, one of the parties may need to seek enforcement of the marital settlement agreement Florida. If properly presented, and if it is in the contact/MSA unambiguously, the court may be able to provide the injured party with relief per the terms of the contract. However, a judge cannot base contempt upon noncompliance with something an order does not say. For example, if the order commands the parties to refinance a marital home within 4 months and they are unable to do so, if the MSA does not say what happens next, the parties might not necessarily be entitled to the family court’s help. “when the order that forms the basis for contempt does not expressly require the action for which the contemnor is held in contempt, the trial court fundamentally errs when finding that person in contempt for failure to do that action.” A court cannot order someone to do something they are not required to do. That is axiomatic for a Florida marital settlement agreement. For a person to be held in contempt of a court order, the language of the order must be clear and precise, and the behavior of the person must clearly violate the order. Id.

What this means is that you must be careful when writing a Florida marital settlement agreement. It is best to include sufficient detail and ensure the language is clear and unambiguous to enable the court to take action post-dissolution. The more careful and fastidious you are now, the better the results will likely be at a later time. Call Jacobs Law Firm for a consultation 407-335-8113.

what is a sleep divorce

What is a Sleep Divorce?

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What is a sleep divorce? A sleep divorce is not a dissolution of marriage even if it sounds like it. It is a colloquialism meaning that married couples sleep in separate beds. This may even occur with both spouses in the same bedroom. While surveys and polls are not always reliable, according to some studies, approximately 33% of married couples sleep apart. What are the disadvantages of sleep divorce and is it okay for married couples to sleep apart? Some of the obvious disadvantages are that spouses may watch different television shows, speak with different friends at different times and in different ways than is their general practice. When spouses are separated for extended periods of time, may come to feel disconnected from one another. This can lead to mistrust, and sometimes where there is smoke, there is proverbial fire. Then again, many couples believe their quality of life is improved by sleeping apart. Call Jacobs Law Firm at 407-335-8113. While are not sleep divorce attorneys per se, we often provide helpful advice which may include staying together.

Now that we answered what is a sleep divorce, and pointed out it is not in fact a divorce in the legal sense of the word, lets continue analyzing the pros and cons of this phenomenon.

What Are the Disadvantages of Sleep Divorce

The disadvantages of sleep divorce may include couples leading different lives. Rather than having friends together, conversations with family as a married couple, watching television and experiencing the world together, those spouses who sleep in separate beds often drift apart (literally) in a myriad of other ways. Many believe that marriage means being together in all ways regardless of whether the times are honeymooning or careening.

Is it Okay for Married Couples to Sleep Apart?

There may be significant benefits to sleeping apart. For example, one can envision the passion created by a little separation. Married people often call this “keeping the mystery alive”. After all, is snoring really sexy? Morning breath making you libidinous? Maybe couples have different career paths and different work hours. It only makes sense not to disturb each other’s schedules. Even better, some spouses like plush mattresses and others need extra firm beds for orthopedic reasons. As we mentioned earlier, not all examples of sleep divorce are about couples in separate rooms. In fact, married couples often prefer their own bathrooms and their own vanities. Is that really distinctive from separate beds?

What is a sleep divorce? A sleep divorce does not necessarily end in a literal/legal divorce, though it can be a step in that direction (maybe you drafted a prenup or need a postnup?). What are the disadvantages of sleep divorce and is it okay for married couples to sleep apart? Now you have some thought-provoking analysis on the subject. Call Jacobs Law Firm, divorce lawyer Orlando, Family Lawyer Clermont FL at 407-335-8113 to learn more.

When Does a Parenting Plan End in Florida

When Does a Parenting Plan End in Florida?

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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

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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

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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

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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.

@divorceinflorida

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 https://jjlawfl.com/clermont-divorce-attorney-family-law-attorney-clermont-fl 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

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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

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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.