Category: Divorce and Family Law

Collaborative Divorce Orlando

Name: Jacobs Law Firm, PLLC
Price range: $$

Posted by Law Firm Admin on February 13, 2022

You need to research collaborative divorce Orlando and how much does collaborative divorce cost near Orlando, FL. Here are some reasons you may need to speak with Jacobs Law Firm about an Orlando collaborative divorce. Orlando is a thriving city. Our tourism and hospitality industries are ever-expanding. The great news is many amazing professionals have relocated here for promotions and to pursue career opportunities. Often, when families move, or one or both spouses achieve career success, schedules can be demanding. Issues can arise and the stressors and strains can lead to a lack of communication and the breakdown of a marriage. When one or both spouses (and/or parents) work long hours, their primary focus may be on their job and kids, which might create a void in your marriage. If divorce in Orlando is absolutely necessary for you and your spouse, consider carefully the impact it may have on your career, finances, and most importantly, on your family. Jonathan Jacobs is a skilled collaborative divorce attorney near Orlando, FL. He is personable, caring, and dedicated to working with family-oriented professionals during their toughest times. Call 407-335-8113 today for the help you need with your collaborative divorce or uncontested divorce.

How Much Does Collaborative Divorce Cost Near Orlando, FL?

How much does collaborative divorce cost near Orlando, FL? Collaborative divorce Orlando may be more affordable than the alternatives. Consider these four factors: 1. Collaborative divorce offers you discretion. Your financial settlement will not be placed on display for others to intrude upon. 2. Collaborative divorce involves at least two collaborative professionals that are neutral in the process. A financial neutral will plan your equitable distribution, and a mental health professional will guide your parenting plan as well as help ensure you and your spouse communicate throughout the process in a meaningful way. 3. In a collaborative divorce, the attorneys must by law disengage once the process succeeds or fails. We may not litigate after representing you in a collaborative divorce. This helps to guide us toward encouraging you to remain true to the process. 4. A collaborative divorce takes place privately and if successful, the spouses make all of the decisions.

Orlando Collaborative Divorce

An Orlando collaborative divorce generally starts at approximately $20,000. This is typically paid by both spouses from a retirement or other joint account. Each spouse’s attorney, the mental health professional, and the financial planner typically request a down payment of at least $5,000. Prices can be higher or lower depending on the time you require to finalize your case, and the level of expertise of each professional involved. A collaborative divorce is estimated to take between 5-8 months to complete depending on the level of urgency among the spouses, and the amount of issues involved in a case. When factoring in that a standard contested divorce ranges from $5,000-$10,000 before the parties get to mediation (not counting deposition and trial retainers), the cost of a collaborative divorce may seem even more appealing.

When you are ready to hire a divorce attorney Orlando practicing collaborative law, call Jonathan Jacobs at 407-335-8113. We are here to help YOU.

Setting Aside a Postnuptial Agreement Florida

Posted by Law Firm Admin on January 15, 2022

When you need a divorce attorney Orlando to help with setting aside a postnuptial agreement Florida, call Orlando postnuptial agreement attorney Jonathan Jacobs of the Jacobs Law Firm at 407-335-8113. Jacobs Law Firm litigates cases where a spouse is seeking to set aside a postnuptial agreement and cases where a spouse is seeking to enforce a postnuptial (defend against setting it aside). Clients often ask “can you cancel a postnuptial agreement?” The answer is one that lawyers are all too familiar with, “it depends”. The outcome depends on the unique facts of your divorce, as well as on the viewpoint of the family law judge assigned to your case. Call us today to schedule a consultation to discuss the facts of your divorce.

The Florida Supreme Court provided family litigants with the ultimate test for the enforceability of a postnuptial agreement in Florida. The case on point is Casto v. Casto, 508 So. 2d 330 (Fla. 1987) in which the primary issue is setting aside a postnuptial agreement Florida. A Florida postnuptial agreement may be challenged on two different levels with multiple nuanced bases. Speak with an Orlando postnuptial agreement attorney today to determine the strength of your postnuptial agreement, whether you are on offense or on the defensive.

In Casto v. Casto, the Florida Supreme Court lays out that a postnup agreement may be set aside or modified if the attacking spouse proves the alleged agreement was obtained by fraud, deceit, duress, coercion, misrepresentation, or overreaching. Each one of these legal terms of art may be argued. Some hypothetical examples include if a spouse has forged the other spouse’s signature in executing a Florida postnuptial agreement. Perhaps a spouse was tricked into signing a document that he or she was told was some other kind of legal paper. Maybe a postnuptial agreement created a circumstance where one spouse receives every asset and the other only debts. The potential factual circumstances are unlimited in their variegation both for and against an agreement’s enforceability. An Orlando postnuptial agreement attorney can discuss your case in great detail with you and provide insight into how your case might unfold.

Orlando Postnuptial Agreement Attorney

The Florida Supreme Court’s second level of the test for enforceability in setting aside a postnuptial agreement Florida provides that the spouse challenging the agreement must establish that the agreement makes an unfair or unreasonable outcome for that spouse, given the relative circumstances of the parties. Careful readers, because if the Florida postnuptial agreement is years old, those circumstances under review are based on those at the time of its execution. If the challenging spouse establishes a postnuptial is unfair or unreasonable (not just that the spouse made a bad fiscal bargain), a presumption arises that there was either concealment by the defending party, or that the attacking spouse lacked any knowledge of the defending spouse’s finances at the time the agreement was reached.

This is not the entirety of the Casto test for setting aside a postnuptial agreement Florida. If the attacking spouse can prove that the purported agreement was unconscionably unbalanced in favor of one spouse, the burden would shift to the defending spouse. Should Orlando postnuptial agreement attorney Jacobs Law Firm represent the defending spouse, we might argue that they made full disclosure of their finances contemporaneous to the execution of the postnup, and that because the parties were not dealing at arm’s length (having been married), the other spouse should have known about marital finances, and had the opportunity to make reasonable inquiry thereto.

If you need help with setting aside a postnuptial agreement Florida, call Orlando postnuptial agreement attorney Jonathan Jacobs of the Jacobs La w Firm at 407-335-8113 and receive insight into your predicament.

Legal Separation in Florida

Posted by Law Firm Admin on December 31, 2021

Is there such a thing as legal separation in Florida? Not Can I be engaged while still married in Florida? The answer to this age-old question is not a straightforward yes. There are legal ramifications, social stigmas, and morality concerns that may impact the answer and or advisability as to whether you may get engaged before your divorce is final. You may date while separated in Florida, and you may engage in romantic relationships. There is no such legal distinction as a legal separation in Florida, though there may be such legal precedents in other states. There could be legal, social and moral issues as a result of your decision to engage in romantic relationships while married though separated from your spouse. When you have questions to pressing family law/paternity and divorce law concerns, call Jacobs Law Firm at 407-335-8113. We enjoy speaking with clients about unique facts and helping make complex legal issues such as Florida legal separation understandable.

Florida Legal Separation

Legal separation in Florida is not a legally binding action in Florida. Rather, a Florida legal separation is more of a fact-based situation/state of affairs. In Florida, either spouse may file for divorce from their spouse. Filing for divorce may involve arguments over the date of separation and how that may impact the litigants financially or otherwise. Nevertheless, Florida does not recognize a legal separation and it does not allow for the bifurcation of proceedings automatically. Therefore, in Florida, the answer to our original question of can I be engaged while still married in Florida, is yes. Being engaged does not create a legally binding union in Florida. It does not allow the parties to file a divorce or separation action in the family circuit court as the court would likely not have jurisdiction over such an action. In some instances, spouses plan for a potential divorce by entering into a postnuptial agreement.

Can I be engaged while still married in Florida?

A Florida legal separation, while not an official legal distinction, is more of a factual situation. Legal separation in Florida is more about when the parties separated and what assets and liabilities they have accrued since the time/date they separated. The date of separation could impact child support arrearages, alimony calculations and arrearages, and whether marital assets have been dissipated or otherwise spent in a manner requiring the court to equitably distribute marital property in an unequal manner to establish fairness. Can I be engaged while still married in Florida? Yes you can, but consider how such an entanglement may impact your relationship with your children, your spouse, and how the financial aspects of your relationship may influence a court’s decisions about your finances. Call Jacobs Law Firm today at 407-335-8113.

Qualified Domestic Relations Order Alimony

Posted by Law Firm Admin on December 23, 2021

In Florida, both the Department of Revenue and the family circuit courts have the authority to order that a qualified domestic relations order (QDRO) be drafted and implemented for the benefit of the alternative payee and/or their child (beneficiary or recipient). A Qualified domestic relations order alimony and a Qualified domestic relations order child support go hand-in-hand. A QDRO is intended and is generally necessary for the distribution and disbursement of one’s retirement benefits in a divorce or other family law matter. A QDRO disbursement of retirement benefits may apply to arrearages in alimony and/or child support cases or as otherwise may be applicable and allowable under Florida law. For more information, call Jacobs Law Firm, QDRO Attorney Florida to schedule a consultation. Dial 407-335-8113 today.

A qualified domestic relation order alimony (QDRO) is a court order that assures an alternative payee’s (person receiving the money) right to receive the entirety or a percentage of the benefits that may be available in the payor’s retirement plan and allowable pursuant to the terms of the plan. Generally, an alternate payee is the spouse or child of the payor or a legal guardian if circumstances should warrant. Examples in Florida for a qualified domestic relations order child support include Florida Retirement System (FRS), Disney’s the “Plan” (for Disney employees), and other retirement benefits programs insofar as the payor qualifies.

Provided the Department of Revenue or the family circuit court rules that a payor owes substantial child support or alimony arrearages, a payor may be compelled by court order to produce a QDRO. A QDRO in Florida divides a payor’s 401K or other retirement-based account to pay for overdue child support or alimony arrearages as referenced above.

qualified domestic relations order child support

The basic informational (but not limited to) requirements for a QDRO to be issued and accepted by a plan administrator are:

The names and addresses of the participant (payor) and alternate payee(s),
The name and information regarding the payor’s plan,
The amount of the intended disbursal to the alternate payee(s), which can be a percentage or a dollar amount, and
Instructions regarding the manner of payment and the timeline associated with the payment(s).

Ultimately, whether a Qualified domestic relations order alimony and a Qualified domestic relations order child support qualify for a QDRO are satisfactory, the plan administrator (a fiduciary) will render a determination. For a determination of the benefits available and the meeting of certain requirements, it is best to submit the QDRO proposal to the plan administrator prior to submitting it to the court. Contact Jacobs Law Firm, QDRO Attorney Florida to schedule a consultation. Dial 407-335-8113 today.

How Long Does an Uncontested Divorce Take in Florida

Posted by Law Firm Admin on October 26, 2021

How long does an uncontested divorce take in Florida? Since there is no legal separation in Florida, after our Orlando uncontested divorce attorney has carefully reviewed a client’s factual circumstances, we spend time with our client to explain the timeline and procedures involved in their case. An uncontested divorce in Florida is based on the parties’ mutual agreement to work out and resolve all their issues without any litigation. All documents should be prepared, signed and notarized (where appropriate) before the case is filed to preserve its character. How long does an uncontested divorce take near Orlando, Florida? In Orange County, as in many other counties such as Lake and Seminole for example, there are unique procedural court rules your uncontested divorce attorney must follow. In counties such as Lake and Sumter, the procedure is generally routine. Speak with a family lawyer about your amicable dissolution of marriage by calling 407-335-8113. Did you know Jacobs Law Firm practices collaborative divorce in Florida? Find out if collaborative divorce is right for you!

How long does an uncontested divorce take in Florida depends on the parties’ ability to communicate and work together toward an equitable resolution of all issues. For example, if a case involves minor children, the parties will likely engage in extensive talks about pick-ups and drop-offs, overnight timesharing, holiday timesharing, childcare providers, education, and healthcare decisions. Mapping out the life of a minor child is a complicated process requiring the utmost of care and concern. One strategy that may be helpful is to have our client and the other party complete their version of a generic calendar to ensure the parties share common vision for overnight timesharing with the child(ren).

How long does an uncontested divorce take near Orlando, Florida depends again on the parties themselves and the court’s degree of availability. Cases involving both parenting issues and the equitable distribution of marital assets (including qualified domestic relations orders) and liabilities may take longer to prepare and formalize. It is common for spouses to have disagreements when divorcing. This makes the role played by your Orlando uncontested divorce attorney even more important. Is there such a thing as legal separation in Florida?

One of the best parts of helping clients with amicable divorces is getting to know them on a personal level. The life experiences and stories about raising children and successful career voyages are just absolutely amazing to hear. How long does an uncontested divorce take in Florida depends on the parties, the length of time the divorce attorney takes to draft the documents, and ultimately, it may depend on whether a judge’s docket is overloaded. Call Jacobs Law Firm 407-335-8113 today for a consultation about your amicable divorce.

Payment Plan Divorce Lawyer Orlando

Posted by Law Firm Admin on October 12, 2021

You are searching for a flat fee divorce attorney and/or a family lawyer that offers payment plans and installment payments. A payment plan divorce lawyer Orlando can help make your divorce affordable and cost effective. A divorce lawyer with payment plan options can do this by offering clients the opportunity to pay in installments without having to worry about affording a divorce all at once. One of the obstacles many people face is being able to afford paying an entire retainer fee in a lump sum. Instead of facing this sort of barrier to hiring the lawyer you feel most comfortable with, call Jacobs Law Firm to speak with an experienced and welcoming divorce attorney. Call 407-335-8113 to schedule a consultation with Attorney Jonathan Jacobs. Ask us about our payment plan options to find out how we can help you with your case. Jacobs Law Firm also practices collaborative divorce in Orlando, Florida. We do a lot of uncontested divorces because they cost less and often can be settled with zero litigation.

divorce lawyer with payment plan options

A payment plan divorce lawyer Orlando will often accept a reasonable down payment to begin working on your family case. The first payment is frequently the largest because it will include the filing and summons fees, and service of process fees. The next series of installment payments will likely be affordable and clients can budget for any anticipated expenses. Budgeting for unanticipated expenses and/or for those that are planned, is an important thing to do. A divorce lawyer with payment plan options for clients can be the difference between hiring an affordable family lawyer and being self-represented (pro se) in litigation that impacts your family.

Beyond the financial aspects of hiring Jacobs Law Firm as your payment plan divorce lawyer Orlando, there can be a great deal of confidence brought on by knowing a family law attorney will represent you in the months or even years that litigation may take in court. Many of the procedures the family court demands are regimented and structured. This means there are many crucial deadlines each party must meet and a great deal of procedure you may not be aware of. Knowing that a divorce lawyer with payment plan options may be available for your case can be a vital part of litigation.

Jacobs Law Firm’s primary practice areas include divorce and family law (paternity). Attorney Jacobs litigates cases at trial, mediation, during the discovery process, and from the very beginning. Whenever you may need help with your case and want the answers to your important questions, call a payment plan divorce lawyer Orlando, divorce lawyer with payment plan options, at 407-335-8113 to schedule a consultation with an experienced attorney ready to discuss your case.

Uncontested Divorce Winter Garden FL

Posted by Law Firm Admin on September 27, 2021

If you are pursuing an uncontested divorce Winter Garden FL, you have the choice of venue for where your case will be filed. If you choose to file your case in Orange County, Seminole County, or Lake County, Florida, there may be certain advantages that accompany each location. In Florida, litigants may file in any county of their choosing if they are pursuing an amicable divorce. There are some procedural differences between Lake and Orange County Florida in the way the family law court handles the finalization of a divorce. The additional paperwork required by the family court in Orange County may cause some in Winter Garden and Oakland, Florida to choose to file their case in Lake County (at the Tavares Courthouse) or in Sanford (at the Seminole County Courthouse). To speak with an uncontested divorce attorney Winter Garden FL call 407-335-8113 to consult with the Jacobs Law Firm about your case and find out why choosing an uncontested divorce may be the best way for you to move forward. Did you know Jacobs Law Firm practices collaborative divorce in Florida? Find out if collaborative divorce is right for you!

Uncontested Divorce Attorney Winter Garden FL

An uncontested divorce attorney in Winter Garden FL can help save you money. For starters, uncontested divorce generally does not require a process server and therefore there is no summons fee charged by the clerk of court. This could result in substantial savings. Further, an uncontested divorce can allow spouses to pre-litigate/settle ALL of their issues without any litigation. Rather than spending months or years tied up in a bitter struggle, spouses are welcome to retain Jacobs Law Firm to make their divorce affordable. Leave more of your hard-earned money to your children, and have more funds available to start your post-marital life without hardship and financial distress.

Traditionally, an uncontested divorce means both sides have decided how best to co-parent (provided the case involves minor children), how to allocate for the children’s time with each parent, and which parent will be the primary school parent (if this is a crucial issue in your case). Moreover, your uncontested divorce attorney Winter Garden FL will provide insight into the best approach to equitably (fairly, reasonably, and justly) dividing your marital assets and liabilities. The division of cars, homes, bank accounts, retirement accounts, credit card debts, student loan debts (etc.), is best done with guidance from an attorney trained experienced with litigation and uncontested divorce in Winter Garden FL.

When you are ready to resolve all of your issues amicably and speak with a Winter Garden Divorce Attorney, call Jacobs Law Firm at 407-335-8113. Speak with Attorney Jonathan Jacobs about all of the issues you are concerned with and find out how we may help save you money and move on without the bitterness associated with divorce litigation.

Does Florida Have A Waiting Period For Divorce?

Posted by Law Firm Admin on September 2, 2021

Does Florida have a waiting period for divorce? Unless there is a factual argument for an expeditious or urgent divorce decree, lawyers and pro se litigants generally submit to the family law and divorce court, a proposal for final judgment after twenty (20) days have elapsed. This waiting period for divorce in Florida is 20 days from the date of filing as date and time stamped in the court file/record. Your uncontested divorce attorney may file your completed case pleadings and related documents within days. However, the Court usually adheres to the 20-day Rule to prevent fraud and other misunderstandings or abuses. This means that on day twenty-one (21), most divorce cases are eligible to be finalized. Call Jacobs Law Firm at 407-335-8113, affordable family lawyer and flat fee divorce attorney Orlando today for a consultation to discuss your unique case.

Waiting Period For Divorce In Florida

The approximately three-week waiting period for divorce in Florida exists because of Florida Statute § 61.19. Florida Statute 61.19 is essentially a pronouncement of public policy. The Statute dictates the timing of the filing versus the possible signing of a final judgment in a divorce case by your family law judge. In some instances, spouses plan for a potential divorce by entering into a postnuptial agreement.

Let’s more succinctly answer the question, does Florida have a waiting period for divorce? According to the Statute, an entry of final judgment may not be entered until at least twenty (20) days have elapsed. This is known as the waiting period. This brief delay is a matter of both procedure and public policy. Twenty days is a reasonable amount of time for litigants to determine if their agreements are accurate and continue to represent their own and their children’s best interests.

Florida Statute 61.19 tells us that: “No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.” Therefore, the waiting period for divorce in Florida can be as little as one day if a case is filed promptly and there is justification for a faster final judgment to be ordered. Typically, even with an uncontested divorce, the parties are generally encouraged to wait for the statutory period unless the circumstances warrant an expeditious conclusion to the case. Call 407-335-8113 today.

Final Divorce Decree Florida

Posted by Law Firm Admin on August 21, 2021

Clients often express surprise that we generally may not ask the family law and divorce court for a final judgment the day we file their case. A reason we wait approximately three weeks from the date of filing to ask for your final divorce decree Florida to be granted is because of Florida Statute § 61.19. Florida Statute 61.19 governs the timing of the entry of a final judgment in a dissolution of marriage case. Does Florida have a waiting period for divorce? According to the Statute, an entry of final judgment may not be entered until at least twenty (20) days have elapsed. This is known as the delay period. There is an interesting distinction in the language you have just read. Call Jacobs Law Firm at 407-335-8113, flat fee divorce attorney Orlando today for a consultation.

Final Judgment of Dissolution of Marriage

The official language of Florida Statute 61.19 provides: “No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.” A final divorce decree Florida may not be granted until 20 days after the filing of the ORIGINAL petition for dissolution of marriage. This means a divorce may be granted shortly after a filing of an amended petition for divorce provided twenty days have elapsed since the original had been filed. Timelines are important in dissolution of marriage cases and rules exist to protect one or both litigants and the integrity of the court.

Florida Statute 61.19

Consider the District Court of Appeals case of Magaziner v. Magaziner, 434 So. 2d 10, 11 (Fla. 3d DCA 1983). See Also Golub v. Golub, No. 5D21-421, 2021 WL 1326316, at *5 (Fla. 5th DCA 2021). In Magaziner the Court heard a case in which a final judgment was entered prior to the lapsing/expiration of the statutory 20 day waiting period. The District Court conceded the trial court’s procedural error in its early entry of final judgment. However, the Magaziner Court found there “was no showing in the record that injustice would result from the statutory 20-day delay”. Therefore, a Rule was violated, but that early entry of final judgment did not impact the outcome of the case. This should not encourage a violation of the Rule, but it should be a cause for concern as a judgment could be at risk if the Rule of Florida Statute 61.19 is not followed. If you intend to ask the family court for an early entry of final divorce decree Florida, there should be a mutual agreement of the parties and a valid reason justifying that time is of the essence. Call Jacobs Law Firm at 407-335-8113, flat fee divorce attorney Orlando, uncontested divorce attorney Orlando today for a consultation.

Pasco County Uncontested Divorce

Posted by Law Firm Admin on August 19, 2021

Contact Jacobs Law Firm to start your Pasco County uncontested divorce today. A Pasco County divorce attorney can help make your divorce affordable and as amicable as possible. Among the differences between a contested and an uncontested divorce in Pasco County, FL is an amicable divorce is generally resolved before a case is filed with the family law circuit court. This means that your divorce attorney in Pasco County will assist with drafting all of your documents and seeking to have all required signatures and notarizations complete before the case is filed. Contact Jacobs Law Firm for a consultation about your uncontested divorce in Pasco County, FL (City of Dade City, City of New Port Richey, City of Port Richey, City of San Antonio, City of Zephyrhills and Town of St. Leo) at 407-335-8113. We practice collaborative divorce in Pasco County and throughout Florida.

A Pasco County uncontested divorce may involve minor children. When minor children are involved in your family law case, a parenting plan is required, both parties must fill out a financial affidavit, and if child support is not already handled with the Department of Revenue, child support guidelines worksheets are generally submitted to the court. The parenting plan may involve a long-distance arrangement. The number of overnights should be specified, and a vast number of issues regarding parental responsibility and parental roles should be decided and codified.

Affordable Pasco County Divorce Attorney

A Pasco County divorce attorney will assist with (likely draft) a marital settlement agreement for you. This marital/property settlement agreement in your divorce will determine how your marital assets and liabilities are to be equitably distributed in the context of your dissolution of marriage. The property settlement agreement may involve the disposition of homes, cars, personal property, retirement funds, and more. Many litigants utilize their financial affidavits for reference while drafting the agreement. This may assist with ensuring all marital assets and liabilities are accounted for in your New Port Richey uncontested divorce.

Affordable Divorce Pasco County

Should your divorce involve relocation (one party is moving more than 50 miles away from his/her present location), a long-distance parenting plan will be required. Furthermore, your divorce attorney in Pasco County will need to ensure the long-distance parenting plan meets the specific requirements set forth by the court to ensure continuous and meaningful contact among the parents, should the parents prefer such an outcome. Given your New Port Richey uncontested divorce may involve property along the water, both real and tangible (boats, jet skis, etc.), it may be best to consider how to structure your settlement to avoid losing wonderful views and recreational activities.

As a Pasco County divorce attorney, Jacobs Law Firm assists clients with their Pasco County uncontested divorce cases. If retained, this service can be as extensive as drafting all required documents for clients, filing their documents, and arranging for the case to be completed through a final judgment for dissolution of marriage. Call 407-335-8113 to speak with a divorce attorney in Pasco County and start your uncontested divorce in Pasco County FL.