Category: Divorce and Family Law

Florida Durational Alimony

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Posted by Law Firm Admin on December 28, 2017 with 6 Comments

In Florida, a short term marriage is for seven years or less. A marriage of medium/moderate length (moderate term marriage in Florida) is for somewhat longer than seven years, but less than seventeen years (>7 but < 17) years. This is a long period of time, approximately ten years, that legally accounts for a substantial legal gray zone in the way the divorce court will calculate of alimony. Arguments can be made for several different types of alimony (such as Florida durational alimony) to be awarded resulting from that moderate term marriage period. Of course, any alimony awarded by the court depends on the circumstances of the marriage and the unique facts presented. Jonathan Jacobs is a Clermont Florida Family Law Attorney. Call Jacobs Law Firm at 407-335-8113 to speak with a divorce attorney about your case and learn how we can help you determine your need for alimony or your ability to pay.

Durational Alimony Florida

Florida divorce courts generally do not automatically award any specific type of alimony absent a party pleading for such relief. Your attorney must specifically plead for alimony, and unless otherwise agreed by the parties beforehand, testimony must be heard for the court to carefully consider whether any award of alimony is appropriate. Clients often ask about a statutory alimony formula, but a determination as to the appropriate award of alimony is a complex process that is based on a multitude of factors.

Moderate Term Marriage in Florida

Often, a moderate term marriage in Florida results in the award of durational alimony in Florida. Florida durational alimony is awarded if permanent alimony is not applicable/appropriate for the couples’ situation and no other form of alimony is proper. Durational alimony in some limited circumstances may also awarded after a marital union of a short or middle/moderate term marriage. This specific form of alimony may also be awarded after a marriage of long duration (17 or more years in time) if there is no proven need for permanent periodic alimony. Alimony is a fact-specific inquiry.

When Does Florida Durational Alimony End?

When does durational alimony end? To determine a date of termination, it is important first for the parties to present evidence of their unique circumstances (career, personal, economic, familial, emotional, etc.) in order for the court to have enough information upon which it may have a factual basis for rendering its decision as to the alimony award. Be prepared for trial, and review the statutory factors the court uses in rendering a decision. Make sure your evidence is organized and well-presented for the judge.

When does durational alimony end in Florida is a question both the payor and the payee of alimony ask before and even during the divorce process. Statutorily, durational alimony Florida ends if one of the parties dies, or if the alimony recipient remarries. In actual performance, it is often ordered for a number of years and has a date certain for termination. Alimony can be determined by the agreement of the parties, called a marital settlement agreement or can be preset by a prenuptial agreement.

Florida Durational alimony, much like rehabilitative alimony, may be changed or ended if the payor party proves there has been a substantial change in circumstances with the payee. So, to completely answer when does durational alimony end in Florida, it ends at longest when the originally scheduled period of termination of the award is set by the court, and durational alimony may not last for a greater length of time than the marriage itself. The Jacobs Law Firm, Clermont Florida Family Law Attorney, is ready to answer any questions you may have about alimony in Florida.

Feel free to continue reading and enjoying out plethora of articles about all other types of Florida alimony to allow you to familiarize yourself with how this process works: Women paying men alimony, alimony pendente lite, alimony factors, short term alimony, permanent alimony, bridge-the-gap alimony, and rehabilitative alimony. You may also wish to learn about a Florida parenting plan, and all of the requirements of establishing jurisdiction for divorce in Florida courts.

Jonathan Jacobs is a Clermont Florida Family Law Attorney who loves working with clients. Among our practice areas is uncontested divorces and collaborative divorce.

Florida Rehabilitative Alimony

Posted by Law Firm Admin on December 28, 2017 with 6 Comments

In deciding whether to award Florida rehabilitative alimony, family law and divorce courts make factual findings that follow the alimony Statute in Florida. Courts often require the moving party (party asking to receive alimony) to produce a Florida rehabilitative alimony plan. This proposed plan should lay out the steps for the rehabilitation of the party that needs training and education, and financial support from the payor (person paying). The purpose of rehabilitative alimony is for the payee to get back on their feet after being in a marital relationship in which their contributions to the marriage (homemaking, children) may have prevented them from developing career training and contemporary job skills in our currently competitive marketplace of/for jobs. If you are seeking a divorce or family law attorney to litigate your Florida rehabilitative alimony case, call the Jacobs Law Firm today about your divorce or family law case, 407-335-8113.

The legal phrasing that the State of Florida utilizes for rehabilitative alimony Clermont or rehabilitative alimony Orlando is the ability to be “self-supportive.” Most people prefer to be self-supportive. They recognize the need to be able to provide for themselves, particularly when the financial security they once enjoyed is no longer available, such as in the case of a marital dissolution after a period of years of support. This brings us to the Florida rehabilitative alimony plan, and at least a general idea of how that operates, knowing that all cases are different and fact-specific.

Florida Rehabilitative Alimony Plan

The court will not order rehabilitative alimony unless there is a particularized Florida rehabilitative alimony plan. To establish the needing party’s ability to be self-supportive, a plan allows for the renewal and redevelopment of job and career skills that the party once possessed. If the party did not work at any time, other arrangements will be made to accommodate even entry-level skills development.

The plan also includes, as you might have just wondered after reading the first part, the opportunity to obtain an education to refresh, refurbish, or acquire the skills necessary to participate in the workforce in a meaningful manner. Modifying alimony is a challenging thing to do from a legal perspective.

Unlike bridge the gap alimony, Florida rehabilitative alimony may be changed or ended if there is either the noncompliance (refusal to participate or choice to ignore the plan) of the needing party, or a substantial change in circumstances. A substantial change in circumstances is legal terminology, which in this case can mean the party has found a good job already. Or, perhaps, they only needed a few credits to graduate and have done so quickly, or any other significant change that may have been unanticipated at the time of the award of rehabilitative alimony.

Read on about other types of Florida alimony: Women pay alimony too! Alimony pendente lite, Short term alimony, Bridge-the-gap alimony, Durational alimony, Florida alimony factors, and Permanent alimony. Jonathan Jacobs is a divorce attorney in Orlando and a divorce attorney in Clermont Florida ready to take your call.

Short Term Alimony in Florida

Posted by Law Firm Admin on December 28, 2017 with 4 Comments

Short Term Alimony in Florida: Short Term Marriage in Florida

The Florida Alimony Statute provides guidance on the length of time the court will consider (in many cases) as a short-term marriage in Florida, for the express purpose of determining how much to award in short term alimony in Florida. In another article, we have outlined the factors the Florida court will consider and listen to arguments on, when deciding whether to award alimony, and if so, how much alimony to award the needing party. A marriage that lasts for anything less than seven years is considered to be a short-term marriage in Florida. This is known as a rebuttable presumption. This article elaborates on the Florida alimony length of marriage for purposes of the parties arguing for, and the court awarding alimony. Jonathan Jacobs is an Orlando family lawyer ready to help you through these turbulent times in your alimony case.

Florida Alimony Length of Marriage

There are other marital durations (i.e. the Florida alimony length of marriage) that Florida also presumes unless successfully rebutted. Those other marital durations are a moderate term marriage, which is greater than seven (7) years but less than seventeen (17) years. Finally, for purposes of alimony considerations, a long-term marriage in Florida lasts (presumptively) for more than seventeen (17) years and has no specific upward time frame given it is as implied, the longest term possible under the eyes of the law. Spousal support is a major issue in many divorce cases.

Orlando Family Lawyer

The types of alimony the court may award (generally speaking) in short term marriage Florida rulings are alimony pendente lite (suit money), bridge the gap alimony, rehabilitative alimony, and if the arguments are sufficient and the court feels an upward departure is justified, durational alimony. Florida alimony length marriage is a consideration you should discuss with your Orlando family law attorney.

What is a Rebuttable Presumption?

A rebuttable presumption is a presumption whereby the court defaults to it as the basis or starting point for its ruling, but is open to arguments to the contrary that may or may not convince the judge/court to rule otherwise. A rebuttable presumption is difficult to overcome without substantial evidence to the contrary. Back to the original point about short term alimony Florida, and short-term marriage Florida, there is in Florida a rebuttable presumption that a marital union of less than 7 years is a short-term marriage. Some case law provides that alimony may not be appropriate in short term marriages,

For additional information on the types of Florida alimony, please read the following articles written by an alimony attorney:

bridge-the gap alimony, rehabilitative alimony, durational alimony, alimony pendente lite, gender based alimony, and permanent alimony.

Florida Bridge the Gap Alimony Video

Posted by Law Firm Admin on December 27, 2017 with 6 Comments

Bridge the gap alimony in Florida is one of several types of alimony a Florida court may award to the party that is judged to be in need of financial support during the pendency of the divorce, and in the immediate aftermath of dissolution. Florida Alimony Statute 61.08 and its subsection Five, states that Florida bridge the gap alimony is designed to help the party in need transition from married life to being single or alone and without the support system that being married provided. If you need to speak with an Orlando alimony attorney to determine your rights and responsibilities, call 407-335-8113 to speak with a family law attorney today about your divorce involving alimony.

Bridge the gap alimony in Florida may be structured to provide for designation needs that are for the here and now, that is to say, the needs of the receiving party must be short term and not with the intent of being permanent or long-lasting. Whenever a Florida Statute states what something is, it also provides insight into what it is not. Here, the alimony award is designed to help a payee during a period of transition. When does bridge the gap alimony end? Ask a divorce attorney in Orlando.

Bridge the Gap Alimony in Florida, How Long is Bridge the Gap Alimony?

Bridge the gap alimony is designed not to exceed two years of time. That is twenty-four months and is designed to help the party in need get back up and running as a self-sufficient adult. The bridge-the-gap language literally means filling in the holes when needed.

When does Bridge the Gap Alimony End?

When does bridge the gap alimony end? This type of alimony in Florida ends when either of the two parties dies, if the party receiving alimony payments gets remarried which essentially means that party is in a financially supportive relationship and no longer requires or is entitled to bridge the gap alimony, or after the 2 year period expires. Finally, it is important to also note that the Statute makes it clear Florida bridge the gap alimony may not be changed in either amount or time. Lake County FL family law attorney and affordable family law Attorney Jonathan Jacobs can answer your questions about alimony.

Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony. Alimony can be specified by the parties by marital settlement agreement.

What about child support health insurance? Divorce mediation? We address that too throughout our Florida Law Blog, which is rapidly becoming a major resource not only for clients, but also for all Floridians seeking legal information about their specific circumstances in family law or divorce cases.

Clermont Alimony Attorney

Posted by Law Firm Admin on December 27, 2017 with 13 Comments

Alimony in Orlando Florida and alimony in Clermont FL (Orange County and Lake County) involves the court’s determination of whether one of the parties is able to pay alimony (the payor), and if the other party has a need for alimony (the payee). This determination funnels through Florida’s alimony statutory factors based on the circumstances of the parties’ marriage and the financial portrait shown by the attorneys at trial. Jonathan Jacobs is an Orlando alimony attorney, and a Clermont alimony attorney that provides in depth analysis of the parties’ financial portfolios in making factual determinations as to how much the parties may be responsible for when paying or receiving alimony in Orlando Florida or alimony in Clermont FL. Florida’s alimony Statute is 61.08 and its subsections tell us a great deal about how much the parties may be owing or receiving and how the court may rule. Consider also the alimony factors in Orlando Florida that may be involved in the family law financial calculations. Call 407-335-8113 to speak with an alimony attorney.

Alimony Factors in Orlando Florida | Orlando Alimony Attorney

Once the court has done its factfinding regarding the parties’ ability to pay and/or need for alimony, the court hears arguments on various alimony factors in Orlando Florida when making its considerations. Pursuant to the Statute, one major alimony in Orlando factor the court considers is the parties’ standard of living during the time they were officially married. This means that if the wife was the proverbial breadwinner, and by virtue of her hard work and long hours on the job, the husband was able to live in a nice house, use a luxury car, and have luxuries and amenities, the court may consider this factor in its award (if any) of alimony. The roles could easily be reversed if it were the husband working 50+ hours a week to provide for the family and the wife were the party benefiting from his laborious routine. There is no one size fits all scenario, which is why there are alimony factors in Orlando Florida, and why there are factors instead of bright-line rules. Be careful when analyzing a potential alimony award. Alimony is not based on a magic formula in the absence of facts.

Alimony Factors in Orlando Florida: Alimony in Orlando Florida and Alimony in Clermont FL

The court will also consider the length of the marriage. In another article, we elaborate on the duration of marriage and how it may impact the alimony amount awarded. For now, generally speaking, the court will assess the time the parties were married and categorize (based on attorney arguments and evidence presented) the alimony award to correspond with the length of the marriage. Among the other reasons marital assets are heavily scrutinized in a dissolution of marriage case, is because the court analyzes both marital and nonmarital assets in arriving at an alimony determination.

Perhaps the most interesting of Statutory alimony factors in Orlando Florida are the parties’ contributions to the marriage and earning capacities. With alimony in Orlando, the goal is of course for both parties to be self-sustaining to the extent possible, but it is interesting to learn how the parties structured their marriage to allow for one or both parties to maximize their earnings, even if that meant some measure of self-sacrifice.

Attorney Jonathan Jacobs can answer your questions about alimony.

Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony.

What about child support health insurance? Divorce mediation? We address those topics as well.

Does Child Support Automatically Stop When Child Turns 18 in Florida

Posted by Law Firm Admin on December 20, 2017 with 1 Comment

The best way to analyze the question of “does child support automatically stop when child turns 18 in Florida” is by understanding and interpreting the Florida Child Support Statute. When a child reaches 18, which is known as the age of “majority” in Florida, child support terminates with a court order or perhaps automatically under certain circumstances. Child support may also stop automatically if the Department of Revenue is abiding by its own order. However, Florida Statute 743.07(2) provides at least three exceptions to this general rule. Attorney Jonathan Jacobs is a child support lawyer in Orlando and a child support lawyer in Clermont Florida that offers legal help to great people when they need someone to fight for them. Can I stop paying child support when Child turns 18 in Florida? Provided your parenting plan and child support guidelines allow for a stoppage without court intervention, the answer could be yes. Call 407-335-8113 for legal help today.

A Florida court may exercise its judicial discretion (upon the presentation of competent and substantial evidence warranting such a showing) impose a child support order that goes beyond a child’s 18th birthday. This can happen if the child is mentally or physically incapacitated or has not yet graduated from high school but has a reasonable expectation of graduating before turning 19. Such a mental or physical incapacity must have originated (existed) prior to the child turning the age of majority (18 in Florida). Examples of such incapacity must be proven to the court, which could include lengthy hearings involving the presentation of evidence justifying such an exception to the general rule. Attorney Jonathan Jacobs is a child support lawyer lake county Florida, and child support lawyer Orange County Florida. It is important to address another popular question of can I stop paying child support when child turns 18 in Florida.

Can I Stop Paying Child Support When Child Turns 18 in Florida?

To answer the question of can I stop paying child support when child turns 18 in Florida, we look to the second statutory exception to the general rule of termination. The second exception to the general rule of termination of child support upon the child’s 18th birthday, is if the child is still enrolled in high school and has a reasonable expectation (high probability, in all likelihood) of graduation by the age of 19, child support payments may be extended for approximately one year, or until graduation. The Rule itself provides that child support cannot be extended if the child is dilly-dallying and failing to advance in school, or has dropped out and seeks to later re-enroll. If the child is working hard toward obtaining a high school diploma, and reasonable circumstances have caused a late graduation, then child support payments may be extended in such a circumstance.

Child Support Lawyer Lake County Florida, Child Support Lawyer Orange County Florida

Another answer to can I stop paying child support when child turns 18 in Florida, is provided by the third exception to the general rule that child support terminates upon the child’s 18^th birthday. A payor of child support can stop if or when the parties agree to a separate arrangement. The court does not have to authorize this arrangement, but some parties stringently refuse to accept payments in exchange for maximum timesharing (i.e. the other party receiving no contact and no timesharing with the child). Generally, this may require a termination of parental rights and a concurrent adoption by another parent. Child support arrears are often bargained in return for such timesharing arrangements.

Does Child Support Automatically Stop when Child Turns 18 in Florida

Remember, that the Department of Revenue, like many agencies, will continue enforcing an existing order unless there has been a Motion to Terminate Child Support. If the support payments are made through an income deduction ordered imposed by the DOR, a Motion to Vacate the Income Deduction Order may be required. Therefore, to answer this question, does child support automatically stop when child turns 18 in Florida, it is important to note that the DOR generally requires official notice to terminate, even if the child is 18 years of age, and by statute should no longer be eligible for child support. This ensures that payments are made until the statute no longer governs upon the minor child’s 18^th birthday, unless otherwise specified in the order. This rule is intended to protect minor children.

Contact the Jacobs Law Firm, child support lawyer Lake County Florida, child support lawyer Orange County Florida today to find out more about your obligations. Can I Stop Paying Child Support When Child Turns 18 in Florida? Does Child Support Automatically Stop When Child turns 18 in Florida? The Statute answers both of the central questions at least in a general sense, not taking into account the specifics of your case.

Do you need information on domestic violence and child custody? Parenting plans in Florida? Social media’s impact on divorce? Divorce mediation? Child support health insurance? Florida Alimony and Family Law? Click on any of our articles and visit our Florida Law Blog. The Jacobs Law Firm offers help when you need a child support lawyer Lake County Florida, or a child support lawyer Orange County Florida.

Small Claims Lawyer Orlando

Posted by Law Firm Admin on December 18, 2017 with 9 Comments

Small Claims Lawyer Orlando, Small Claims Attorney Orlando

Filing a lawsuit in small claims court in Florida can be done in at least two ways. First, the litigant/plaintiff may file pro se, where the person represents himself or herself. Second, the plaintiff may retain the help of a small claims lawyer Orlando or small claims attorney Orlando. The first method involves the pro se plaintiff doing a great deal of extra research about Florida’s rules of evidence and civil procedure, and may involve personal visits to the courthouse to visit the Clerks of Court. A pro se litigant must compile and organize the evidence he or she intends to use. The self-represented person should understand the Florida Rules of Evidence from the Florida Evidence Code in order to be competent in court to persuade the judge or jury to rule in their favor. Generally, the best results can be achieved by hiring a small claims lawyer. This article is for reference only. We are not accepting new civil litigation claims at this time. Please do not call with inquiries.

Small Claims Court Lawyer Orlando

Hiring a small claims court lawyer Orlando, to raise a claim for damages is a reasonable approach. First, your small claims court lawyer Orlando can identify what evidence he needs to ensure you have a strong case that can be presented to the court. Essentially, your attorney’s job is to use your facts and his experience to persuade the judge to rule in your favor. Second, your small claims attorney Orlando will ask you to collect all relevant documents and photographs. Your participation will allow an attorney to draft a persuasive complaint based on the most relevant facts the court should consider. Third, your small claims court lawyer Orlando can file the pleadings (complaint and attachments, as well as any other information the court may require). Unless, of course, you prefer to go to the courthouse and figure out where to file the documents on your own as a pro se litigant.

What Can Your Small Claims Lawyer Orlando, Small Claims Attorney Orlando Do for You?

Fourth, your litigation attorney can inform you about the process of litigation, prepare you for mediation and trial, propose reasonable settlement expectations, and ensure you are ready to pursue the defendant.

Fifth, your small claims lawyer Orlando, small claims attorney Orlando will navigate the trial on your behalf. This is a highly-complex process that involves trial preparation, trial guidance, and trial strategy. Witnesses may need to be called.

Ultimately, if you are undecided as to whether you need an attorney to represent you in your small claims litigation, ask yourself a simple question; “can you win a trial on your own without the help of a trained legal professional?” If you have any doubt, at a minimum, call a small claims court lawyer Orlando to proceed with your case. A free initial consultation could turn into litigation representation and an increased chance of victory in your small claims litigation. For a list of the small claims rules in Florida, please visit the Florida Bar’s Small Claims Manual.

Social Media and Divorce Florida

Posted by Law Firm Admin on December 15, 2017 with 5 Comments

Facebook. Twitter. Instagram. LinkedIn. Snapchat. Pinterest. Reddit. Tumblr. This article is about social media and divorce Florida. Not all social media websites impact spouses or unmarried couples, but many of them can. Recently, there has been a great deal of discussion in the media about the effect of popularity and approval on social media and beyond. There are psychologists and social media executives who believe social media can alter peoples’ perceptions in unpredictable ways, the dopamine factor among them. Let’s take a moment to theorize, and if there is a confluence of theory and law I will note it, about the ways in which social media causes divorce Florida. Jonathan Jacobs is a Lake County Florida Family Law Attorney.

Social Media Causes Divorce Florida

First, (this is a hypothetical scenario to engage the mind) imagine that Person X (male or female) logs online to surf/browse social media sites (the sites listed above). What is Person X likely to see a lot of? Beautiful people in nice places who are smiling, laughing, and living a luxurious existence. Contrast that sort of perfection and imagery with the comparative humdrum and grind of daily family life. Imagine if Person X works 10-12 hours a day, goes home to more work as there are family responsibilities, enjoys very little personal free time, and does not earn enough money to go on vacation. Person X might begin wondering if life is better as a single person because all visual evidence on social media suggests life is a vacation. This is only a hypothetical about whether social media causes divorce Florida.

This is a stark contrast presented in the hypothetical. Social media is generally not intended to portray babies pooping or regurgitating, or mom and dad having little time to shower and clean the house after work. Instead, social media is designed to highlight the good life, the life to be attained, the way things could be. Routinely, people photograph themselves at their best, dressed nicely, with great lighting, all to create a sort of image. That image is generally not one of a messy life full of chores and hard work. Let’s return to our hypothetical.

Lake County Florida Family Law Attorney: Social Media and Divorce Florida

In our hypothetical, Person X becomes interested in browsing social media where he/she sees people living it up. Meanwhile, Person Y is comfortable reading a book, or watching Netflix or Hulu or Amazon, and is happy just trying to relax between work and the kids. This could potentially cause a rift. Social media presents certain “social” opportunities that might be the opposite of relationship-building and might be just the exact opposite. If you are going through a breakup, call the Jacobs Law Firm Orlando and Clermont, Lake County Florida Family Law Attorney. If social media and divorce Florida have impacted you and your family, call today to discuss your legal case. Or e-mail us for a free initial consultation.

What about Florida alimony? Domestic violence injunctions? Read our Florida Law Blog to learn more.

Equitable Distribution of Property in Florida

Posted by Law Firm Admin on December 9, 2017 with 11 Comments

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

Equitable Distribution of Property Florida

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

Commingling of Marital Assets in Florida

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

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

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

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

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

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

Landlord Tenant Lawyer in Orlando

Posted by Law Firm Admin on October 22, 2017 with 8 Comments

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

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

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

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

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

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

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

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

Landlord Tenant Lawyer in Clermont FL

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

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