Category: Divorce and Family Law

Dating During Divorce

Dating During Divorce

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.

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child custody laws in florida

Child Custody Laws in Florida

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

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

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

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

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?

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?

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.