Category: Divorce and Family Law

Gay Divorce Rate

Gay Divorce Rate

Posted by Law Firm Admin on

Gay Divorce Rate: Divorce Statistics, Social Media, and What the Data Really Tells Us

As a Florida divorce attorney, I spend a great deal of time studying trends such as the gay divorce rate, not just statutes and case law, but also statistics. I know that may not sound thrilling at first. When you work in family law every day, patterns matter.

Recently, I began reviewing national and international data on divorce rates across different groups:

  • Which gender files for divorce most often?

  • Are certain religious groups more likely to divorce?

  • How do divorce rates compare among heterosexual couples, gay men, and lesbian women?

These are not political questions. They are statistical ones.

I’ve been sharing some of these statistics on TikTok, Instagram, and YouTube.

For some members of my audience, particularly those who prefer long-form discussions, short videos may seem unusual for a law firm. For younger generations, this is how information is consumed and discussed. Social platforms allow ideas to circulate quickly, and they invite conversation from all perspectives.

Importantly, my videos have been straightforward: I present a statistic. I do not editorialize. I do not push an agenda on gay divorce rates. A 15–30 second clip is not a podcast. It’s simply a snapshot of data.

That said, the response has been enormous — and not all of it positive.

One Statistic That Generated Strong Reactions

One of the most debated statistics I shared is this:

Nationally and internationally, gay male couples have among the lowest divorce rates.

Many viewers asked: Why highlight that?

Some suggested that gay men may share similar expectations regarding intimacy and autonomy. Others argued that shared perspectives about marriage itself may play a role. Still others questioned whether gender dynamics — separate from sexual orientation — may influence long-term relationship stability.

These are thoughtful discussions. And they highlight an important point:

Gender and sexuality intersect in complex ways. They are often discussed separately, but rarely examined together in terms of how they may affect marital dynamics.

What the Research Says About Lesbian Divorce Rates

On the other end of the statistical spectrum, data from studies referenced by the National Institutes of Health indicates that lesbian couples experience higher divorce rates compared to other groups in the United States.

Why might that be?

One theory discussed in research from the early-to-mid 2000s centers around family formation.

According to certain surveys, many lesbian couples marry with the intention of raising children together. Frequently, this involves the use of an anonymous sperm donor. While Florida law generally recognizes a child born during a lawful marriage as a child of that marriage, biological distinctions can still affect relational dynamics within the home.

In practical terms, this can create:

  • A biological mother

  • A non-biological parent (legally recognized spouse)

Even where both parents are fully committed, differences can emerge. Parenting styles may differ. Emotional bonds may develop differently. One parent may feel marginalized. The other may feel protective. And when disagreements arise about discipline, schooling, or healthcare, those differences can intensify.

It is important to emphasize something clearly:

Many stepparents — and non-biological parents — are extraordinary. They step into roles with courage, compassion, and devotion. In many families, they are nothing short of heroic.

But research suggests that biological versus non-biological dynamics can sometimes introduce stress, particularly when parenting philosophies diverge.

If marriage was entered primarily to build a family, and family conflict becomes central, that stress can impact marital stability.

Divorce Statistics Are Not Moral Judgments

Statistics do not assign blame. They do not define individuals. And they certainly do not determine the success or failure of any particular marriage.

When we talk about “success” in statistical terms, we are often using a narrow definition: whether the couple has divorced. That metric does not measure happiness, fulfillment, or emotional well-being.

Data simply gives us patterns on gay divorce rates.

As a divorce attorney in Florida, understanding patterns helps me:

  • Anticipate areas of conflict

  • Guide clients through parenting disputes

  • Address time-sharing issues strategically

  • Structure mediated resolutions more effectively

Every family is unique. No statistic overrides the individual facts of your case.
Why Discuss Divorce Statistics at All?

Because information matters.

If we understand:

  • Who is filing for divorce most frequently

  • How parenting structure impacts long-term stability

  • Where gender dynamics may influence conflict

  • How economic equality intersects with marital strain

We can approach marriage — and divorce — with greater awareness.

For some couples, that awareness may strengthen their relationship. For others, it may help them separate respectfully and responsibly.

Florida Law Perspective

Under Florida law, when a child is born during a lawful marriage, the child is presumed to be a child of that marriage. Time-sharing decisions are based on the best interests of the child, not biological favoritism.

That legal framework aims to equalize parental standing. However, emotional realities inside a household can still differ — and those realities sometimes become central issues in divorce litigation or mediation.

Understanding both the legal structure and the relational dynamics is essential.

Final Thoughts

The goal of sharing divorce statistics is not to provoke or polarize.

It is to inform.

Family law sits at the intersection of gender, economics, parenting, identity, and personal expectation. The data on gay divorce rates reflects that complexity.

If you are facing a divorce, custody dispute, or parenting conflict in Central Florida, having a knowledgeable advocate matters.

At Jacobs Law Firm, we focus on clarity, strategy, and practical solutions — whether through litigation or mediation.

If you have questions about divorce, time-sharing, or parental rights in Florida, contact us at 407-335-8113 to schedule a confidential consultation.

New Florida Senate Bill 1128 and House Bill 971

New Florida Senate Bill 1128 and House Bill 971

Posted by Law Firm Admin on

New Florida Senate Bill 1128 and House Bill 971: Could Your Child Custody Hearing Happen on a Saturday?

Florida is a state in constant transition. If you’ve looked at the license plates on I-4 lately, you’ve seen the “mass migration” firsthand. People are moving here from New York, California, and beyond, seeking a better life. But as our population explodes, so does the strain on our legal system with divorce and family law. Currently, the Florida House is considering New Florida Senate Bill 1128 and House Bill 971, a revolutionary and controversial new bill that would change the face of family law: State-funded weekend hearings for domestic violence and emergency time-sharing (child custody) matters could be voted in by the Florida Legislature. At Jacobs Law Firm, we see this as a “double-edged sword”. Here is why this proposal is both a blessing and a potential burden for Florida families.

CAPTCHA image

This helps us prevent spam, thank you.

The “Wonderful” News: More Family Law Judges, More Access

The reality is that Florida’s family courts are flooded. Between the post-2019 population boom and the inherent stress of marital dissolution, our judges and general magistrates are stretched thin.

The benefits of the proposed bill include:

  • Reduced Backlog: More funding for more judges in every circuit means cases move faster.

  • Convenience for Working Families: As a firm that already offers Saturday mediations, we know that taking off work for a Tuesday morning hearing can mean lost wages or childcare nightmares. Weekend hours could make the law more accessible to the working class.

  • Urgent Relief: For true emergencies involving child safety or time-sharing, waiting until Monday morning can feel like an eternity.

The “Dreadful” Reality: The Rush to Judgment

While more “court time” sounds good, there is a significant pitfall: The loss of preparation.

In a standard family law case, attorneys and clients usually have weeks or months to compile evidence, print documents, and strategize. If weekend emergency hearings become the new “norm,” we face a “worst-case scenario” where:

  1. Evidence Vacuums: Hearings may occur before your attorney has had time to gather all the facts.

  2. Bypassing Mediation: Florida law typically requires mediation as a “threshold” before heading to court. This bill could allow parties to jump straight to a judge, potentially escalating conflict rather than resolving it.

  3. Burnout and Rushed Rulings: Imagine a high-stakes custody hearing lasting until 7:00 PM on a Saturday. Will the parties—or the court—be at their best?

Final Thoughts: A Loaded Idea

Is this bill a step toward a more modern, efficient Florida? Or is it a recipe for rushed justice? At Jacobs Law Firm, we believe in being accessible to our clients, but we also know that justice requires time and thorough preparation. As Senate Bill 1128  moves through the Florida Legislature, we will continue to monitor how it impacts your rights to time-sharing and due process.

Need Help Navigating Your Florida Family Law Case?

Whether it’s a Tuesday or a Saturday, your family’s future shouldn’t be left to chance. If you are facing a child custody dispute or need an affordable uncontested divorce, contact Jacobs Law Firm today at 407-335-8113.

divorce attorney inverness fl

Divorce Attorney Inverness FL

Posted by Law Firm Admin on

Jacobs Family Law Firm is a divorce attorney Inverness FL focusing on a wide variety of family law practice areas. We all know Citrus County is beautiful. It is one of the best and most affordable places to live. Its crown jewel is Inverness. With Zoom and the increasing popularity of virtual hearings and mediations, a lot of our law practice has expanded throughout Central Florida. Attorney Jonathan Jacobs is a family law attorney Inverness Florida focusing on child custody issues, child support, alimony, prenuptial agreements, modifications, relocation actions, and domestication of foreign judgments. Call us when you need a Citrus County family lawyer to represent you in your case. Dial 407-335-8113 today!

As a divorce attorney Inverness FL, we know that Inverness is a family-driven city. This means a lot of the cases we have involve minor children. The most frequent issues are child timesharing (child custody) and child support. A lot goes into deciding these issues. For instance, to establish timesharing and child support, you will need a parenting plan. The parenting plan will specify the number of overnights each parent has with your children. The plan will determine who does pick ups and drop offs, who pays for health insurance, who can decide extra curricular activities, and other major issues such as which parent has more or less parental responsibility. Attorney Jonathan Jacobs is a family law attorney Inverness Florida experienced in all of those issues and more.

In Citrus County Court, you will likely find the judges are well-organized, fair and impartial, and have excellent judgment. Smaller counties in Florida often have the best judicial apparatuses. The family law division is among the best and you will find they are flexible in scheduling. Hiring Jacobs Family Law Firm as your Citrus County family lawyer to represent you in your divorce or paternity case can make an enormous difference in the outcome. When you decide to reach out to us to schedule a consultation, we will be happy to speak with you. Call 407-335-8113 today.

Can a divorced parent be forced to pay for college

Do I Have to pay for College in Divorce in Florida?

Posted by Law Firm Admin on

Can a divorced parent be forced to pay for college? Do I have to pay for college in divorce in Florida? To best answer these questions, consider that many attorneys draft marital settlement agreements where one spouse is beholden for paying college or graduate school tuition or for a similar education training program on behalf of their kids. The urge or instinct to pay for your children’s schooling is a noble intention and a noble concept. It is laudable to want to provide for your kids indefinitely. Sometimes, people will put in a marital settlement agreement that a husband must pay for their minor children’s college wherever they attend school to help them avoid going into student loan debt. Admittedly, a marital settlement agreement is a contract and parties in this context may include provisions with self-determinative thoughts in mind. The problem is this type of provision is usually unenforceable.

There is case law out there to answer your questions, “can a divorced parent be forced to pay for college?” and “Do I have to pay for college in divorce in Florida?”. According to case law, if you try to enforce a marital settlement agreement for the payment of a child’s college now that that kid is an adult, the divorce court will likely deny any such motion for enforcement for lack of standing (power to enforce). Technically, that child was not a party to the contract in the context of marital dissolution. Unless that child is suing the parent that made that promise and that contract, there’s very little that a former spouse can do to enforce it. Florida public policy and family law does not obligate either parent to pay for a child’s college tuition.

Paying for college is not required in Florida statutory law. Moreover, you do not have to pay for your children’s private school under the age of 18. Therefore, even if this type of provision is incorporated in your marital settlement agreement, the likelihood that your motion for enforcement succeeds is minimal. You made a promise. It is in writing and therefore you should fulfill that promise. There is case law that specifically rules, including in the Fifth District, Southard versus Southard which provides: “a contractual duty to pay a child’s college tuition and expenses cannot be enforced by contempt.”

Can a divorced parent be forced to pay for college? Do I have to pay for college in divorce in Florida? Overall, I do not believe that if you have a provision in your MSA for the payment of post-secondary education, that the court has the jurisdiction, i.e. power, to enforce that provision absent that child who is now an adult suing and intervening in some way, shape, or form.

Dating During Divorce

Dating During Divorce

Posted by Law Firm Admin on

You are dating during your divorce in Florida. People who do not know you might say you’re terrible person. What are you thinking? Everybody’s going to talk about it. Scandal, scuttlebutt, national news, headlines. We need more attention on this issue. I’m being facetious, ladies and gentlemen. Please do not take that seriously. But that is the perception. The perception is that all marriages end because of infidelity. Nothing could be further from the truth. I do not have nationwide statistics to share. I only have personal and professional knowledge of this subject. Based upon my impression, a multitude of divorces occur because one party has been violent, one party has been verbally abusive (not just once but hundreds or thousands of times over a period of months or years), one party has become addicted to alcohol or drugs or gambling or something else that may be unsavory or damaging to the parties, or perhaps, two people no longer talk to each other. Emotional affairs are more common than sexual affairs during the course of a marriage but if two people are broken up and separated then who cares if somebody is dating somebody else? Well, they have children together, the two married people have children together. Can dating during divorce affect custody? Call Jacobs Law Firm at 407-335-8113 to speak with Attorney Jonathan Jacobs about your family law case.

Why would the other mom or dad start dating somebody else? Don’t they realize dating during divorce can affect custody and its impact on their children? The vast majority of experience that I have with this topic is that the parties have been separated for a substantial period of time before any of that occurs. Aa majority of people do not cram the new person down the children’s proverbial throats as their new step parent. That is less common. More common is the person is dating somebody and keeping them at arm’s length from their children, from their family unit. But of course, a divorce means tension, passion, inflamed passion. A divorce means that these people are probably already a powder keg of emotions. They are on red alert. Fire phasers, fire photon torpedoes. Let’s go get them.

Part of the fuel or the kerosene that’s doused over the campfire to keep it going and inflame tensions, part of this whole flamethrower effect is that people think that if they can prove the other side’s cheating, it gives them an advantage. Well, it sure gives them an advantage in casual conversation about who is “winning the divorce” according to public opinion.

Is dating during your divorce in Florida, sleeping with somebody, and your not even divorced yet, a form of cheating? Well, as in politics, when you are doing something that the general public finds distasteful, when they disapprove of your behavior and your actions, what do you do? Accuse the other side of the exact same thing. But I digress. You must consider that winning the war of public opinion does not generally win you the legal war in a Florida divorce. To the extent that you ever see a judge, if your entire argument is, “I should get a hundred percent of everything because that guy or that woman has cheated”, you are in for a rude awakening. Let’s create a distinction. If you were married, but separated and you are never getting back together, is the other party actually cheating? Are you simply upset  your marriage ended, and now you are ascribing the failure of your marriage to a essentially post marital relationship? Can dating during divorce affect custody? A judge isn’t likely to be swayed by infidelity unless it involves wasting marital monies that must be returned through equitable distribution, or having the kids around somebody that may have a severe criminal record and may be harming the kids or threatening the kids or creating chaos in that family unit in a manner that is both provable, clear, obvious, and anybody from a reasonable person or reasonable parent’s perspective can figure out is detrimental to the best interest of those children, which isn’t just simply a factor of jealousy, it’s a factor of actual violence or danger or harm.

Check out the Divorce and Family Law Podcast!

Gay Divorce Rate

Child Custody Laws in Florida

Posted by Law Firm Admin on

How do the child custody laws in Florida impact your children? Think about this. Your parents just told you they are getting a divorce. It’s pretty scary, pretty horrible actually. You rely on these people for all of your needs and necessities. You are just essentially a little kid. Anybody in their teenage years or younger is really just a kid. Their lives are being uprooted. Their friendships are uncertain. Their days at school might be turbulent. They are growing up. There’s so much uncertainty in their lives and now you, the parents, have introduced total chaos to their lives. According to Florida’s new child custody law passed in 2023, both parents are presumptively entitled to equal timesharing.

Child custody laws in Florida are important to know. You have just told your kid something very important. You are getting a divorce, which means now they’re going to have two houses, maybe three or four, if you both work and they are frequently with relatives, grandparents, aunts, uncles, older brothers or sisters, or even friends that are babysitters. Now these little kids, their lives are fractured. On account of Florida’s new child custody law, your child custody is half on, half off. They’re going in different directions. They are now essentially split up. They’re living one life at mom’s house with one set of rules, another life at dad’s house with another set of rules. And when they go to school, if their day’s terrible, then they have to go home and they lack the support system. Dinner’s different at each house. Bedtime is different at each house. Their room is different in each house. Their clothes, their blankets, their books. Maybe they left the homework at mom’s house and mom’s not bringing it over to dad’s house. Maybe they left their shoes and their uniform or sporting equipment at dad’s house and dad’s not there. Nobody’s there to help.

Maybe the parents are squabbling over who does the pick up and drop off. And this poor kid is stuck at school for an extra two hours until school’s absolutely closed might sound like a nightmare situation because it is. If two parents cannot co-parent, that child is going to live a life of total uproar, which can be a life of bitter unhappiness, which is one of the reasons why so many kids nowadays report having negative thoughts mentally and why so many kids are seeking therapy or brought into therapeutic situations. We must take this very seriously.

I know easy for me to say I’m a divorce attorney. Yes. And this is a line of work that I didn’t naturally believe that I would ever work in. And yet I understand it so thoroughly. I understand it. I’ve lived it. I know all about it. My parents were divorced. My brother’s divorced. Child custody situations in our family are certainly not an unfamiliar situation by any stretch by any stretch of the imagination.

What I can say is that having been a child of divorce, knowing other children of divorce and having been professionally and personally involved in these situations, it’s devastating on a kid. So hurtful. And imagine if you have a preference for one parent because they’re the parent that treats you well, that really seems to care about you. And you only get to see them 20%, 30%, 40, 50 % of the time.
And then the other time you’re with the parent that might not be quite as emotional with you. And I mean that in a good way, not quite as caring and compassionate, not quite as concerned for your wellbeing, maybe a little more strict. Not that’s a thing either. I think you understand the point though. The differences in parental approaches and the kind of struggle and tug of war with the parents bleeds through to a child custody too, bleeds through to how they parent.

And now you are a child of two worlds subject to the child custody laws in Florida. Not only that, what happens when mom and dad get remarried or date somebody else? Maybe lots of somebody else’s. Then, if both of your parents are remarried and they have more kids with those other spouses, or you inherit stepbrothers and stepsisters, now you have not just two homes, you now essentially have four different homes. You have multiple blended families with multiple people to get along with multiple people to compete for attention with, new rules, new situations. Your life is constantly changing. When are you ever going to have routine and consistency and stability? If this is what normalcy is, then normalcy might need a new definition. When it comes to divorce, equal timesharing is the default position, but I urge you to consider what is best for your child.

lis pendens florida

Lis Pendens Florida Divorce | Notice of Lis Pendens Florida

Posted by Law Firm Admin on

What is a notice of lis pendens in Florida in a divorce? Not everybody knows what that Latin phrase means as it is rarely used in the context of, and it is seldom a part of a divorce case. A Florida notice of lis pendens is traditionally reserved for real estate and civil litigation. It is noteworthy that some divorce cases involve claims to the title of a marital home, the mortgage note on the marital home, and so on and so forth. Let’s take a recent case from December of 2024. This district court of appeals opinion was filed less than a month ago (as of the publication of this article), which makes it not only fascinating and highly relevant, but also completely up to date. In this case, Trujillo v. Garcia (Fla. 3d DCA 2024), there occurred a dispute between neighbors. The trial court granted a motion discharging the lis pendens noticed by one of the litigants, in other words, eliminating it or canceling it, i.e. dissolving it. The trial court (affirmed by the district court of appeals) determined there was an insufficient nexus or connection between the property and the lis pendens. The reasoning behind a notice of lis pendens is to alert creditors, prospective purchasers, and others to the fact that the title to a particular piece of property is involved in litigation (also known as cloudy or unclear chain of title).

When you purchase a property, a clear title is generally necessary in order to close on the property without the threat of litigation looming in the background. The proponent of a lis pendens Florida divorce, the person that’s asking the court for a notice of lis pendens Florida to be granted or accepted, must establish a fair connection between the apparent legal or equitable ownership of the property and the dispute embodied in the lawsuit. That typically requires the plaintiff or petitioner’s claim to potentially grant an interest in the realty itself before a Lis pendens can be maintained. When or if a complaint does not establish that relationship, the court should (not necessarily must) discharge the lis pendens and dissolve any injunctions/enjoinments against the sale of the property.

Fundamentally, a lis pendens is improper when the lawsuit itself does not affect the title of the subject property. In a divorce case, if you and your spouse own a marital property together, and there is some fear the property may be sold or alienated, a lis pendens might be appropriate though not necessary in all cases. Almost every dissolution of marriage involves some kind of property, personal or real property. Not every case has a lis pendens or requires one.

In order to dissolve a lis pendens, the court needs to know that only one person has an ownership interest and not both parties in a marriage. For example, if a spouse owns a property and then marries and then titles the house in both spouses’s names, if one spouse were to file a lis pendens, it might be appropriate due to the nexus of ownership. Every case has unique facts and people challenge these things with or without good cause. People file notices with or without good cause. That’s just the fact of litigation.

Contract disputes, civil litigation, or divorce cases in which an interest in real property is at issue for providing third parties protections over their potential rights to real property. The complaint in the Trujillo case does not allege that Trujillo had any special ownership in or lien on Garcia’s property. The litigation would not affect the title in any manner, not a manner, but in any manner. There was simply no nexus between the two in this case.

In a lawsuit for damages a notice of lis pendens in Florida might be improper and therefore it remains dissolvable. The appeal was denied. It is important for you folks to do your research and understand what are the benefits and burdens of filing a motion to dissolve a notice of lis pendens in Florida.

Divorce Attorney Brooksville, FL

Divorce Attorney Brooksville, FL | Family Law Attorney Brooksville

Posted by Law Firm Admin on

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

Posted by Law Firm Admin on

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. Family law is unique and the courthouse in DeLand tells us how the legal system works at its best.

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, What Can We Do For You?

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

Posted by Law Firm Admin on

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.