Tampa Contested Divorce Lawyers Since 1997

 

Tampa Divorce lawyers Since 1997

It is the hope and goal of all of us here at All Family Law Group that the parties will be able to resolve their differences amicably through an agreement and an uncontested final hearing.

However, if the parties cannot settle the issues in their case, it will be heard by a family law judge who will decide the issues for them.

In Hillsborough County, after the initial steps of the divorce process have been completed and the parties have attended a mandatory mediation, a final hearing in the case may be scheduled.

A temporary relief hearing may be necessary if the final hearing or trial is scheduled several months down the road and immediate relief is necessary.

For More Information and a Free Consultation Call (813) 672-1900

or visit us online at www.FamilyMaritalLaw.com

Tampa Child Support Attorneys in Florida

 

Experienced, Dedicated & Knowledgeable Tampa Child Support Attorneys Since 1997.

In Florida, child support is a right belonging to the child, and parents cannot contract it away, nor can the parent’s acquiescence to non-payment of fit.

If you are going through a divorce or have a child outside of marriage and have concerns regarding child support, the Tampa child support lawyers of All Family Law Group can provide experienced legal help to advise you on the law.

Our child support attorneys and legal assistants gather information regarding your income and other statutory factors to determine your child support obligation, if any.

We work with both the mother and the father to resolve child support issues.

For More Information and a Free Child Support Consultation please call (813) 672-1900 today

or visit us on the web at www.FamilyMaritalLaw.com

LGBTQ, Gay, Lesbian Divorce Lawyers

Since the Brenner v. Scott decision on January 6, 2015, marriage became legal between same sex and LGBTQ individuals in Florida.

The divorce procedure is essentially the same when it comes to the distribution of the marital assets and debts, retirement accounts, Social Security benefits, as well as alimony and inheritance rights.

For instance, for the parties to be able to file for divorce, at least one of them must be a resident of Florida for six continuous months prior to filing the petition.

This can be shown by either a Florida Driver’s License or having an Affidavit of Residency executed by someone who has first hand knowledge of when the person moved to the state.

Contact the skilled divorce attorneys at All Family Law Group, P.A. who have practiced in divorce and family law since 1997 and we offer a free consultation to discuss your rights in a divorce.

We are adept at facing any new challenges which may arise in a same sex or LGBTQ divorce in Tampa, Florida.

At this time the only important area of divorce for lesbian or gay couples is if there are children involved, as it may not be so clear cut.

Call (813) 672-1900 for a Free Consultation or

visit us online at www.FamilyMaritalLaw.com

Spousal Abuse Lawyers Tampa Florida - Tampa Divorce Attorneys and Tampa ...

Spousal Abuse Lawyers Since 1997

If you are a victim of domestic violence or domestic abuse, there are powerful legal tools to help you obtain the protection you need. If a restraining order or domestic violence injunction has been entered against you, there are legal procedures in place to protect your rights. If you are looking for experienced, trusted counsel in Tampa Bay, the highly rated top notch domestic violence attorneys at All Family Law Group will provide experienced legal help in any domestic violence-related legal matter.

Do you feel that you or your children are in danger from your partner, spouse or former spouse? Have you been accused of domestic violence and have questions regarding your legal rights? Call 813-672-1900 or email our office to schedule a free initial consultation with one of our experienced, skilled Tampa domestic violence attorneys.

What do you do if Served with an Injunction or Restraining Order?

In Florida, when a person is in fear of becoming a victim of domestic violence, such as aggravated assault, sexual battery, or kidnapping, they can petition the court for an injunction, which is a civil matter, not criminal.  If someone is arrested for domestic violence than this would be criminal domestic violence.

The civil injunction is essentially a restraining order that prohibits the accused person from contacting the person that filed the petition with the courts. Sometimes, people petition the court for these injunctions at the end of a relationship when they are feeling frustrated and angry.

Still, even if you are innocent and never hurt the petitioner, nor intended to, the steps you take now will greatly affect any future case. Below are the most important things you should do, and those you should not, after being served with an injunction.

Do Not Speak to the Petitioner

It is natural to want to speak to the petitioner, whether you want to ask why they felt an injunction was necessary in the first place, or you want to ask them to drop the injunction. It is crucial that you do not do this. Judges award petitioners injunctions because they were convinced that the person was in danger. Regardless of whether or not that is true, if you contact the person you are directly violating the injunction, which will have serious consequences.

Complying with the order in this way means not directly contacting the petitioner, not passing messages through a third party, and not even talking to the petitioner if they contact you first.

Do Follow All the Terms of the Injunction

Along with not contacting the petitioner, the injunction may have other terms included in it as well. For example, if you have children with the petitioner, the injunction may state that you are also not allowed to contact the children. Again, it is crucial that you follow all of these terms, as failing to will have severe penalties.

Do Not Possess Any Firearms or Ammunition While the Injunction is in Place

When an injunction is in place in Florida, it is illegal to possess or transport a firearm. If you own a firearm when you are served with an injunction, it is best to have someone else take it from you while the injunction is in place. Due to the fact that it is also against the law to transport a firearm when an injunction is in place, it is also best to have that person come to your home to retrieve the firearm.

Do Speak to a Florida Domestic Defense Lawyer

Being served with an injunction is a very scary thing and you may not know what to do next. One of the first steps you should take is to speak to an experienced Tampa domestic violence attorney. At All Family Law Group, P.A. we can advise on the steps you should take and defend you against any criminal charges you may be facing. Call us today at (813) 672-1900 to schedule a free consultation and to get the legal advice you need.

Se habla español.  

Financing Available!

What Things You Must Do Before You File for Divorce?

Filing for divorce is much more than simply filing a complaint with the court. Before filing for divorce, it is important that the spouse filing takes certain steps before the courts are even made aware of the divorce. The six steps below will ensure that a divorce proceeds as smoothly as possible, and that the terms you receive are most favorable to you.

Decide if You Want to Get Divorced

Although this may sound obvious, some people think that they want to file for divorce when really they are just angry at their spouse. Eventually cooler heads prevail and the spouse that filed may not want to proceed. However, in Florida only one spouse needs to want a divorce and by that time, that spouse may determine that they do want to get a divorce. To save yourself headache and heartache, make sure you and your spouse really will not reconcile before filing for divorce.

Collect All Financial Documents

After deciding that you want to go ahead with the divorce, you should gather all of the financial documents that pertain to your marriage. These can include your banking records, phone records, mortgages, and lease agreements for vehicles. Once you file for divorce these documents are sometimes more difficult to obtain, so it is best to gather these before filing.

Consider Your Custody Goals

Child custody is one of the most contentious issues in divorce because each parent wants to continue having a fair amount of time with their child. Still, it is important to determine what your goals are. Except for in extreme circumstances, a judge will likely award each parent time with the child. When considering what your own goals are, remain realistic to avoid disappointment, and to present a fair case to the judge.

Make Necessary Sales or Purchases

As soon as your divorce proceedings start, a judge will issue an order barring you and your spouse from purchasing or selling any of your assets. This is so that property can be fairly divided. If you have wanted to upgrade your vehicle for a while, or you want to sell a rental property, it is best to do it before you even file for divorce so a judge does not view the purchase or sale negatively.

Determine Where You Will Live

You may not want to remain in the marital home with your spouse after you have filed for divorce. However, moving out may also mean you risk losing the home as part of the divorce proceedings. Determine where you want to live after the divorce, and remain living there during the divorce process.

Speak to a Florida Divorce Lawyer

Even in the most amicable of situations, you should never try to go through the process without the help of a Tampa divorce lawyer. At All Family Law Group, we can advise you on your legal options during your divorce, and help you throughout the entire process. We will handle all the paperwork, and work hard to get you the fair settlement you deserve. Call us today at (813) 672-1900 to schedule your free consultation to meet with one of our attorneys.

Se habla espanol.

Financing available.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

https://www.familymaritallaw.com/how-much-does-divorce-cost-in-florida/

 

 

What are the Elements of Robbery in Florida?

In Florida, robbery is a type of theft crime, but there are elements of it that differentiate it from other types of theft. In Florida, robbery is defined as using force to take property from another person. Robbery does not always include the use of force. Even the threat of force is enough to constitute robbery, as long as property was taken from another person by placing them in fear of physical harm. Due to this element of threat, fear, or harm, robbery is a much more serious offense than other types of theft and is always considered a felony.

The Four Elements of Robbery

Like any criminal act, in order to secure a conviction for robbery, the prosecution must establish four elements of the crime and prove them beyond a reasonable doubt. These four elements include:

• The act of taking: The prosecutor must prove that the accused took money or property from another person without the owner’s consent.
• The use of force or threat: The prosecutor must also show that the accused took the money using force, threat, or physical intimidation. This act must take place either before, after, or during the course of taking the person’s property. However, the prosecutor must show a continuous sequence of events. For example, someone cannot make a threat one day and then take the property the next day and be accused of robbery. Threat or force, along with the taking of property, must happen at relatively the same time.
• Value: The prosecutor must also show that the property had some value. There is no requirement that the value is significant. Even stealing a few dollars may constitute robbery as long as force or threat was used to obtain it.
• Intent: To secure a conviction the prosecution must also show that the accused had specific intent to take property from its rightful owner.

If these four elements cannot all be proven beyond a reasonable doubt, the accused has a very good chance of being acquitted of the crime.

The Penalties for Robbery in Florida

As a felony, robbery has some extremely harsh penalties for those convicted. The penalties range depending on the extent of threat or force that was used and include:

• Robbery without a deadly weapon: This crime is a second-degree felony, punishable by up to 15 years in prison.
• Robbery with a deadly weapon: This offense is a first-degree felony and is punishable by up to life in prison.
• Home invasion with or without a deadly weapon: This offense is also classified as a first-degree felony, and carries a potential sentence of up to life in prison.

Due to the fact that a person could spend the rest of their life in prison, or a good portion of it, anyone accused must speak to a criminal defense lawyer as soon as they are charged.

Our Florida Criminal Defense Lawyers can Help with Your Charges

Robbery is an extremely serious crime in Florida and as such, it has serious consequences for individuals that are convicted. If you are facing robbery charges, call our Tampa criminal defense lawyers at All Family Law Group today. Our attorneys have the necessary experience to uphold your rights and give you the best chance of getting your charges reduced, or beating them altogether. Call us today at (813) 672-1900 or contact us online to schedule a free consultation so we can discuss your options.

Se habla español

Financing Available!

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.014.html

https://www.familymaritallaw.com/is-it-a-crime-to-create-a-fake-gofundme-account/

 

Will the Coronavirus Cause an Increase in Divorce in the U.S.?

The coronavirus has caused devastation throughout the entire world. Countries are closing their borders as people become sick and the most vulnerable members of society pass away from the disease. Meanwhile, just about every country’s economy has taken a huge hit, and people are staying home and refraining from social situations, such as going to the movies or going out to eat.

Now though, there is news that the coronavirus is having another effect, at least in China. The virus has also caused an increase in divorces. After looking at the reasons for this, it is natural for many to wonder if the same phenomenon will happen in the United States. To understand the answer to this question, couples must first understand the link between the sickness and divorce.

Social Distancing

With the coronavirus came the term ‘social distancing,’ even though many people had never heard the term before. Of course, this refers to withdrawing from social situations and trying to keep a distance from nearly anyone a person may see throughout the day. Although social distancing may help keep people healthy, though, it has an unintended consequence.

When people have to distance themselves from others, they spend more time at home and so, spouses are together much more and spend more time together than they typically do. As spouses start to wear on the other’s nerves due to all of this togetherness, it may get to the point where it leads to divorce.

Money Shortages

It is common knowledge that one of the main reasons couples fight regularly and decide to divorce is because of money problems in the marriage. When people cannot work because their children have to stay home from school, or they are sick, or they are simply trying to social distance themselves, they often no longer earn an income.  This leads to less money in the household, and increased tension. This could be another cause for the spike in divorces in China after the coronavirus outbreak.

Feelings of Anxiety and Depression

It is true that there is nothing good about the coronavirus. With so much sickness and death occurring throughout the world, and being so isolated from other people, it is natural that during this time, people would have heightened feelings of anxiety and depression. These feelings can also spill over into a marriage and make it more difficult not only for people to cope on their own, but also to cope as a couple. That could be another reason there have been more divorces in China after the coronavirus outbreak.

Our Florida Divorce Lawyers are Here for You

Whether divorces will increase in the United States once the virus outbreak settles down is something that is yet to be seen. However, if you are thinking about divorce for any reason, our Tampa divorce lawyers at All Family Law Group, P.A. are here to help. We will guide you through the difficult process, look out for your best interests, and work hard to get you the fair settlement you deserve. Call us today at (813) 672-1900 or contact us online to arrange a free consultation with one of our knowledgeable attorneys.

Se habla español.

Financing available.

https://www.familymaritallaw.com/six-things-you-must-do-before-you-file-for-divorce/

 

 

 

What are Benefits of a Prenuptial Agreement?

When a person is about to get married and hears the words ‘premarital agreement,’ it often strikes fear in their hearts. However, they should not. There are many benefits that come with premarital agreements, and these extend to both spouses. Below are just four of the main advantages that anyone about to get married will reap from a premarital agreement.

Open the Lines of Communication

A couple has to talk about a lot before they get married. Of course they have to establish that they both want the same things out of life, such as children and where they will live. Financial experts have also always advised that couples should discuss their finances before getting married. It is important that both partners in the relationship understand the assets and debts the other partner is bringing into the marriage so both people can understand what they are entering into. A premarital agreement can help open these lines of communication and allow the couple to enter the marriage honestly and secure about the plan they have created.

Save Time and Money

Divorces are often lengthy and expensive. This is because the couple or a judge must make final decisions on a number of different terms, such as the division of property. A premarital agreement can help speed the process along because the couple has already made plans for many of these terms and so, it really is just a matter of following the premarital agreement.

Protect Property

Of course, a premarital agreement outlines which property a spouse will keep in the event that the couple gets a divorce. This is the main point of a premarital agreement for many people. When an agreement is enforced during property division proceedings, it takes the control away from the judge and places it back in the couple’s hands. Without a premarital agreement, a judge will make the decision on property division and the couple will have very little say in the matter.

Reduce Conflict

Divorce is extremely difficult for many reasons. The first is the obvious emotional upheaval that a divorce causes for both spouses. The second is that some divorces do involve a long courtroom battle filled with conflict. This conflict is exhausting for both spouses and makes the divorce process even more challenging. A premarital agreement will eliminate that conflict because there is nothing to argue over. Each spouse has already agreed to the terms within the agreement and so, there is no conflict.

Getting Married? Call Our Florida Family Lawyers First

If you are about to get married, it is important that you draft a premarital agreement first. Although engaged couples often do not want to think about divorce prior to their wedding, our Tampa family law attorneys can show you there is much more to a premarital agreement than that. We can help you open the lines of communication so you and your partner can enter into an agreement that is fair for both parties. To learn more about premarital agreements, call us today at (813) 672-1900 to schedule your free consultation.  Hablamos español!

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html

 

What Things You Must Do Before You File for Divorce?

Filing for divorce is much more than simply filing a complaint with the court. Before filing for divorce, it is important that the spouse filing takes certain steps before the courts are even made aware of the divorce. The six steps below will ensure that a divorce proceeds as smoothly as possible, and that the terms you receive are most favorable to you.

Decide if You Want to Get Divorced
Although this may sound obvious, some people think that they want to file for divorce when really they are just angry at their spouse. Eventually cooler heads prevail and the spouse that filed may not want to proceed. However, in Florida only one spouse needs to want a divorce and by that time, that spouse may determine that they do want to get a divorce. To save yourself headache and heartache, make sure you and your spouse really will not reconcile before filing for divorce.

Collect All Financial Documents
After deciding that you want to go ahead with the divorce, you should gather all of the financial documents that pertain to your marriage. These can include your banking records, phone records, mortgages, and lease agreements for vehicles. Once you file for divorce these documents are sometimes more difficult to obtain, so it is best to gather these before filing.

Consider Your Custody Goals
Child custody is one of the most contentious issues in divorce because each parent wants to continue having a fair amount of time with their child. Still, it is important to determine what your goals are. Except for in extreme circumstances, a judge will likely award each parent time with the child. When considering what your own goals are, remain realistic to avoid disappointment, and to present a fair case to the judge.

Make Necessary Sales or Purchases
As soon as your divorce proceedings start, a judge will issue an order barring you and your spouse from purchasing or selling any of your assets. This is so that property can be fairly divided. If you have wanted to upgrade your vehicle for a while, or you want to sell a rental property, it is best to do it before you even file for divorce so a judge does not view the purchase or sale negatively.

Determine Where You Will Live
You may not want to remain in the marital home with your spouse after you have filed for divorce. However, moving out may also mean you risk losing the home as part of the divorce proceedings. Determine where you want to live after the divorce, and remain living there during the divorce process.

Speak to a Florida Divorce Lawyer
Even in the most amicable of situations, you should never try to go through the process without the help of a Tampa divorce lawyer. At All Family Law Group, we can advise you on your legal options during your divorce, and help you throughout the entire process. We will handle all the paperwork, and work hard to get you the fair settlement you deserve. Call us today at (813) 672-1900 to schedule your free consultation to meet with one of our attorneys. Financing available. Se habla espanol.

Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

How Do I Establish Paternity in Florida?

Paternity in Florida is becoming a bigger issue, as more and more couples decide to start a relationship, perhaps even live together, and have a child. Although this situation works for many, from a legal standpoint it can bring some complications. This is particularly true if the two people ever break up. In this instance, paternity may have to be established in order for the father to have access to his child, or so the mother can hold the father liable for paying child support. When either of these are the case, how can a parent establish paternity in Florida?

Voluntary Acknowledgement
In the best of circumstances, there is no disagreement regarding the paternity of a child. When this is the case, the mother and father can agree to sign a Voluntary Acknowledgement of Paternity. After both parties have signed this document, it becomes legally binding 60 days later, providing the father with all the rights and obligations of parenthood. It is important that both parties understand, before signing an Acknowledgement of Paternity, that it is typically permanent and cannot be revoked.

Marriage or Legitimization
When a woman is married at the time of a child’s birth, her husband is considered to be the legal father of the child. Although this may sound traditional, it is not always. This type of legal paternity is still binding even if the man and woman were not married at the time of conception, and even if her husband is not the biological father of the child.
Paternity can also be established through marriage if a man and woman become married after a child is born. This is known as the process of legitimization. In order for a man to be considered the legal father though, he will have to go through a process known as legitimization.

Genetic Testing
If there is a dispute over paternity, the mother and the alleged father can undergo genetic testing through the Florida Department of Revenue. The Department will collect a swab from the mother, the alleged father, and the child. These swabs will contain each party’s DNA, which the Department will test to determine if there is a match between the child and the alleged father.  When a match is made, the Department of Revenue will send an Administrative Order of Paternity to the Florida Bureau of Vital Statistics to have the father’s name added to the birth certificate.

Although an administrative order gives the mother the right to collect child support, it does not guarantee the father any legal rights. To do that, the mother and father will have to go to court.

Paternity Actions in Court
Paternity actions are lawsuits filed with the court mainly when an alleged father wishes to have at least partial custody of a child, but the mother disputes his claims of paternity. These actions can be brought to court prior to the child’s birth, but a judge will not make a final decision until after the birth and after they can view evidence, such as genetic testing.
In some instances, a woman may file a paternity action with the court in order to claim child support. In this case, the man may receive a summons asking him to appear in court. If the man does not appear, the judge will likely enter a default judgment against him and find that the man is the legal father of the child and therefore, has all the rights and responsibilities of a parent.

Our Florida Lawyers can Help with Your Paternity Case
Establishing paternity in Florida can become quite complicated, particularly if two people are in a dispute over the issue. At All Family Law Group, P.A., our Tampa family law attorneys can help with your paternity dispute whether your are seeking an administrative order or a court order. Call us today at (813) 672-1900 to schedule your free consultation and financing available.

Resource:
floridarevenue.com/childsupport/Pages/paternity.aspx