5 Frequently Asked Questions About Divorce In Tampa

Everyone understands the basic concept of divorce. It is a legal process people must go through when they want to formally end their marriage. While the concept of divorce is fairly straightforward, there are many legal issues that can arise that people are not as familiar with. If you are going through a divorce, or you are considering it, you probably have a lot of questions. Below, our Tampa divorce attorney outlines the five most common questions we hear, as well as the answers to them.

Can My Spouse and I Get Legally Separated Instead of Divorced?

Legal separations are not recognized under Florida law. When a married couple has not yet obtained a formal divorce, they are still considered legally married, even if they no longer live together and have physically separated. Still, there are many reasons people do not want to get a divorce. For example, a couple may not want to divorce due to religious reasons. In these instances, a postnuptial agreement can outline certain terms, similar to those in divorce, so your interests are protected.

How Do I Start the Divorce Process?

All divorce cases start when the petition is filed with the court. A divorce petition essentially tells the family court that you are legally married and that you want to dissolve the legal union. After one party files the divorce petition with the family court, the other spouse is then served with the paperwork, informing them that the divorce process has started.

Can I Divorce My Spouse if I Cannot Locate Them?

The divorce process is always easier if you know where your spouse is located. There are times, though, when a person wants to get a divorce but cannot find their spouse. In these instances, Florida law does provide an option for getting divorced by publication. To get a divorce using this method, you must publish notice of the divorce in a local newspaper where the spouse was last known to live for two consecutive weeks. Once that time expires, the publication is considered service, or notice, to your spouse, and the Notice is filed with the Court.  There are certain requirements on the publication, so it is always important to speak to a Tampa divorce attorney before publishing.

Do I Have to Attend Mediation with My Spouse?

In most Florida divorce cases, the couple must attend court-ordered mediation before taking their case to trial or to a temporary hearing. This is true for all family law cases in Hillsborough County, in particular.  Mediation helps alleviate the backlog of the courts and allows the couple an opportunity to compromise and negotiate so they can reach an agreement on the terms of the divorce. Mediation sessions often include both parties, the lawyers representing them, and the mediator. However, you and your spouse can also meet with a mediator separately if the conflict between you is high.  Also, currently most mediations occur via Zoom video.

Do I Need a Divorce Attorney in Tampa for Mediation?

You are not required to work with a Tampa divorce attorney; however, it is always recommended that you do, especially as the mediator cannot give legal advice to the parties and you want to make sure that you make sure you get it right. At All Family Law Group, P.A., our seasoned family attorneys can help you resolve the disputes in your case while making sure your rights are upheld throughout the entire process. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help.  Se habla Español.

Sources:

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

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0044/0044.html

How Is Child Support Calculated In Florida?

When making decisions on child support during a divorce case, there is no one fixed number a judge will use. Instead, many different factors are considered when the amount of support is being decided. Below, our Tampa child support attorney explains some of the main factors a judge will consider when trying to resolve a dispute.  In essence, Florida uses a worksheet to determine the amount of child support for which each parent will be responsible.  It is called the Florida Child Support Guidelines Worksheet.  It incorporates many of the aspects listed below and normally the Worksheet will control how much child support is paid.

The Income of Each Parent

One of the main deciding factors in any child support case is the income each parent earns. The court will consider the gross income of each parent, including wages, salaries, bonuses, commissions, and overtime pay. Profits from a corporation or partnership, disability payments, and social security income can all be used to determine the income each parent earns. When one parent is unemployed, or underemployed, the court may use the current minimum wage to impute, or accurately evaluate, the income for that party.

The Child’s Standard of Living During the Marriage

The standard of living the child enjoyed during the marriage and prior to the divorce is another factor considered by the courts when determining child support. The court will try to award enough support to ensure the child’s standard of living before the divorce is maintained afterward, too.

The Needs of the Custodial Parent

The court will start with the presumption that the parent who spends more time with the child will incur additional expenses for their needs. If the non-custodial parent earns a higher income than the parent with the majority of parenting time, the non-custodial parent will likely be ordered to pay more to cover the child’s expenses.

The Amount of Overnight Visits

The number of overnight visits each parent spends with the child is also a factor considered when determining the amount of overnight visits. When a child is in one parent’s custody, that parent is financially responsible for them. If the non-custodial parent spends one overnight visit with the child and the other parent spends the rest of overnights with the child during the week, the court may award the parent with a larger amount of child support.

Special Needs Children

A very common factor considered when determining the amount of child support are any special needs the child may have. For example, if the child has special educational needs or medical needs, it is not uncommon for the court to require the higher-income earner to pay more in child support payments.

How Our Child Support Attorneys in Tampa Can Help with Your Case

If you are going through a divorce that involves children, determining the amount of support, as well as the parent who will pay it, will be a very big factor in your divorce. At All Family Law Group, P.A., our Tampa child support attorney can answer your questions, and help you determine how much you may receive or be ordered to pay. Call us now at 813-672-1900 or contact us online to schedule a free consultation of your case and to learn more about how we can help.  Se habla Español.

Sources:

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

flsenate.gov/laws/statutes/2012/61.30

Understanding When You Can and Cannot Modify Alimony In Florida

 In Tampa, as throughout the rest of Florida, there is no guarantee that a judge will award alimony during the divorce process. When it is awarded, a judge will take many factors into consideration. The main factors considered are the requesting spouse’s need for alimony, and the other party’s ability to pay it.

Like with other terms of any divorce though, alimony orders are final and legally binding, but they can also be modified, or changed. Modifying alimony can be complex and can only be done under certain circumstances. Below, one of our Tampa alimony and divorce attorneys explain more.

When Can You Modify Alimony in Tampa?

When there are changes to the two main factors considered when awarding alimony, either party can petition the court to modify the original order. If the party paying alimony experiences a substantial change in their income, they or their former spouse can petition the court to modify the order. For example, if the party paying support received a promotion and they earned significantly more than they did during the time of divorce, the other side may argue that they can now afford to pay more in support.

On the other hand, if the party receiving alimony experienced a significant change in their finances, they may petition the court to modify the original order. For example, if the recipient lost their job, they may ask the court to increase alimony payments, at least temporarily, until they can earn a higher income.

When Can You Not Modify Alimony in Tampa?

Although it is often possible to modify alimony payments in certain cases, there are always exceptions to the law. Spousal support orders are no different. There are times when it is not possible to modify alimony orders. These are as follows:

• The original divorce decree did not award alimony: If alimony was not awarded during original divorce proceedings, neither party can go to the court and request that it is ordered in the future.
• The original alimony order was non-modifiable: There are times when the couple will agree that alimony cannot be modified in the future, or a judge may include this provision in the final support order. If the original alimony order included a non-modifiable provision, it is not possible to change it in the future.
• The party requesting a change cannot prove their case: If you cannot prove that your former spouse can afford to pay more alimony, or that you require additional support, your petition to modify the order will likely be denied.

Our Alimony and Divorce Attorneys in Tampa Can Help with Your Modification

In some cases, it is possible to modify original divorce orders. However, obtaining the result you hope for is not always easy. At All Family Law Group, P.A., our Tampa alimony and divorce attorneys can help you through the process so you obtain the best outcome possible. Call our family law lawyers today at 813-672-1900 or contact us online to schedule a free consultation and to learn more about your legal options.  Se habla Español.

Sources:

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

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

Can You Get A Florida Divorce if You Cannot Find Your Spouse?

 Divorce is a legal process in which one person files a petition to dissolve their marriage and afterwards, serves their spouse with the divorce papers. Sometimes though, it is not possible to locate the other party so they can be served with the paperwork. This is particularly common in divorce cases, when one spouse may have moved out before the process was initiated, and perhaps they even moved to another state.

Many people think that if they cannot locate their spouse to serve them with the papers, they cannot get a divorce. Fortunately, that is not true. There is another way you can serve your spouse when they are absent. Before using it, you should know that while you can proceed with the divorce, there are some drawbacks. Below, our Tampa default divorce attorney explains further.

Using Due Diligence when Trying to Locate Your Spouse

If you cannot locate your spouse, there are other options for serving the divorce papers, such as citation by publication. A citation by publication is a process of running a divorce announcement in a certain newspaper for a certain amount of time. To get a divorce using citation by publication as a service method, a judge must agree to it. The court will only allow a citation by publication if you can show that you have used due diligence when trying to locate your spouse. Essentially, you must show that you have made every attempt to try and find your spouse. Exercising due diligence could include:

• Contacting your spouse’s current or former employer
• Contacting your spouse’s friends and family members
• Checking your spouse’s social media profiles
• Monitoring your spouse’s bank account or credit card transactions

There are companies who offer services to help you do a diligent search, so essentially it can be done easily for a small fee.  The diligent search results will be filed in your case.

What are the Disadvantages of Citation by Publication?

After a judge issues a citation by publication, you will have to meet several requirements. For example, you may have to run the announcement for a certain period of time. Once you have completed any requirements, a judge will issue a default divorce. This means you can proceed with dissolving your marriage even though your spouse is not present. However, there are some disadvantages to obtaining a default divorce.

The main disadvantage of citation by publication is that the court cannot make decisions on other terms of the divorce. For example, the judge will not be able to award child support or alimony, and property division also cannot occur. If you do locate your spouse in the future, you can take these matters back to court but the terms cannot be finalized until your spouse returns.

Our Default Divorce Attorneys in Tampa Can Help with Your Case

If you want to get a divorce but cannot locate your spouse, our Tampa default divorce attorneys at All Family Law Group, P.A. can help you through the process. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help with your case.  Se habla Español.

Sources:

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

leg.state.fl.us/Statutes/index.cfm/.../index.cfm?App_mode=Display_Statute&URL=0000-0099/0049/0049.html

Did Divorces Really Spike During Pandemic?

The COVID-19 pandemic started nearly one year ago and at that time, predictions were being made that it would cause a spike in divorce cases. People were being told to shelter in place at home and many were losing their jobs. Many experts believed that these factors would place an enormous amount of pressure on marriages, and that many would dissolve as a result. However, a new study shows that is not true and in fact, the number of divorce cases in Florida and throughout other parts of the country have actually dropped.

The Study

A recent study conducted by Bowling Green State University’s Center for Family and Demographic Research shows that unlike what many predicted, divorces during the pandemic have actually decreased, as have weddings. The largest state analyzed in the study was Florida. Data showed that here in the Sunshine State, divorces dropped by 28 percent during the months of March and September. Marriages, on the other hand, also saw a decline of 33 percent during the same time period.

If the trends in Florida and other states studied, including New Hampshire, Arizona, Oregon, and Missouri, were seen throughout the country, it could mean divorces nationwide dropped by 191,053 cases. The news is surprising given what many experts had predicted, but there are several reasons for the decline.

Reasons for the Dropping Divorce Rate

The drop in divorce cases during the pandemic does not necessarily mean that couples have been happier during the public health crisis. Instead, it may mean the pandemic has forced people to stay in an unhappy marriage for practical purposes.

Divorce is sometimes an expensive process, and one that many do not want to go through during this extremely challenging time. Job loss has been rampant in Florida and throughout the entire country and without an income, the prospect of paying for a divorce is too difficult for many to face.

In addition to this, tens of millions of people have contracted the virus throughout the country, with Florida being a particular hotspot as of late. Some people that become sick are known as ‘long haulers,’ and they deal with the repercussions of the infection for a long time afterward. People are simply not going to start the divorce process when they are trying to recover from illness, which could also be a reason for the drop in divorce cases.

Lastly, uncertainty about the court system may also stop people from filing for divorce. At the beginning of the pandemic, many of the family courts throughout the country shuttered. While the Florida courts have reopened in some capacity, many people are not aware of this and so, they decide to hold off on filing.

Our Florida Family Lawyers Can Help During This Difficult Time

Divorce is never easy, but no one should feel forced to stay in an unhappy marriage, either. If you are considering divorce, our Tampa family lawyers at All Family Law Group, P.A. can assist with your case. We can advise on the options you have available and how the court system is operating so you are fully prepared for the process. Call us today at (813) 672-1900 or fill out our online form to schedule a free consultation with one of our skilled attorneys.

Resource:

bgsu.edu/ncfmr.html

When are Couples in Florida Most Likely to Get Divorced?

The ‘seven-year-itch’ has been around for decades and it seems as though it is still very prevalent today. Throughout the country, the average length of a marriage is 8.2 years, which may mean that people start considering divorce at around the seven-year mark. Many marriages do not even make it that long. Infidelity is most likely to occur within the first two years of marriage, which is one reason ten percent of marriages end in divorce during that time. That is the highest rate of divorce for all couples.

Gray Divorces are Becoming More Common

While many couples may divorce when their marriage is still relatively new, others wait much longer before ending their marriage. Gray divorces, or those that occur when couples are over the age of 50, are becoming more common. In fact, gray divorces have doubled since the 1990s, and the rate of couples over the age of 65 getting a divorce has tripled in that same amount of time.

The trend of gray divorces is on the rise for many reasons. One of these is because people are waiting to get married later in life and so, they get divorced later in life, as well. People are also living longer and so, they are more eager to get out of an unhappy marriage because they still have a lot of life to live. Couples that are in their 50s and 60s are also more likely to have been married before, and second and third marriages are much more likely to end in divorce than first marriages.

Our Family Lawyers in Florida Can Help with Divorce at Any Age

Regardless of when you are considering divorce, you should enlist the help of a Tampa divorce lawyer Tampa Divorce Attorneys that can help with your case. At All Family Law Group, P.A., our experienced attorneys can assist you with the divorce process and help you secure the fair settlement you deserve. Call us today at (813) 672-1900 or fill out our online form to schedule a free consultation with one of our knowledgeable attorneys. Se habla Español.

Resource:

theapopkavoice.com/why-is-the-divorce-rate-in-florida-so-high/

How Can A Lawyer Help when Divorcing a Difficult Spouse?

Divorce is difficult enough when the two spouses try to work together to come to the best possible terms. However, when one spouse is extremely difficult to work with, the entire process becomes even more challenging. When your spouse refuses to work with you, it is easy to think that the divorce will inevitably take a long time and cost you more money than necessary.

Fortunately, this is not true, but it will become even more important that you work with a divorce lawyer. An attorney will know how to deal with the issues that are more likely to arise when you are divorcing a difficult spouse.

Dealing with an Unpredictable Spouse

It is impossible to predict what will happen in a divorce case, but an unpredictable spouse can make it even more so. If a spouse is dealing with a mental illness or substance abuse problems, they may not show up at mediation sessions or important court hearings. A lawyer will advise on whether certain options such as mediation are right for you, or whether you need to go to court and let a judge decide how to deal with an unpredictable spouse.

Dealing with a Spiteful Spouse

It is not uncommon for a spouse to go through the divorce process feeling spiteful. Your spouse may blame you for the divorce and anything else that is going wrong in their life, and they may try to make the process as difficult as possible. A lawyer will know how to overcome these obstacles. For example, if your spouse is so spiteful that they stalk you or harass you, a lawyer will know how to obtain an injunction, or a restraining order, so the behavior does not impact your life on the same level.

Dealing with Parental Alienation

Parental alienation is one of the most hurtful things that can happen during and after divorce proceedings. When one spouse alienates a child from their other parent, they may tell them things that are untrue or take other actions to turn the child against the other parent.

The courts take parental alienation very seriously and a lawyer will know this. If your spouse tries to alienate your child from you, a lawyer will raise this issue in court and it may even work in your favor. For example, a judge may award your spouse less parenting time, and you more, when they have tried to alienate your child from you.

Dealing with a Deceptive Spouse

Spouses often try to hide assets and other information to gain a favorable outcome in court. When they do, a lawyer will know the tactics to use to uncover the information so the process is fair for both of you. For example, if your spouse hides assets, a lawyer can reach out to a forensic accountant that will uncover the assets so you receive your fair share.

Our Florida Divorce Lawyers are Here to Help with Your Case

Regardless of whether your spouse is going to cooperate during the divorce process or not, our Tampa divorce lawyers at All Family Law Group, P.A. can help. We know the tactics difficult spouses use to delay the process, and we also know how to overcome them so you can move forward in your new life as quickly as possible. Call us today at 813-672-1900 or contact us online to schedule a free consultation. Se habla Español.

What is Marital Property in Florida?

Florida is an equitable distribution state when it comes to divorce, which means the assets and liabilities of the couple are divided fairly, although not necessarily equally. One of the key concepts of property division in Florida divorces is that only marital property is divided, so it is important for anyone going through a divorce to understand what is considered marital property, and what the courts will deem as non-marital property. The distinctions are not always as clear as they sound, and it can often become confusing for divorcing couples.

Marital Property

Generally speaking, marital property is considered any property the couple acquired together during the marriage. However, there are other types of property the court may also deem as marital property during property division hearings. These include:

• Non-marital value that has appreciated in value: In some cases, a person may bring non-marital property into the marriage and the couple improves it or enhances it so it becomes greater in value. For example, one spouse may have a business of their own when they enter the marriage. During the marriage, both spouses work on the business to increase its value and so, it then becomes marital property.
• Spousal gifts: Spouses often give each other presents during the marriage and regardless of what funds were spent on it, these are typically considered marital property.
• Retirement savings: Retirement savings are some of the trickiest assets to divide during a divorce. Any savings that were accrued prior to the marriage are usually considered non-marital property. However, any additional funds or even interest collected on retirement savings are typically considered marital property.

Non-Marital Property

Non-marital property, also sometimes referred to as separate property, typically includes any assets or liabilities a spouse brought into the marriage. Again, there are exceptions to this and they include:

• Inheritances: When one spouse receives an inheritance from another family member, it is typically considered non-marital property, even if the spouse received it during the marriage.
• Income obtained from non-marital assets: The income derived from a non-marital asset, such as a separate rental property, is usually deemed to be non-marital property when the spouse has kept all income separate from marital funds.
• Assets included in a premarital agreement: As long as a premarital agreement is deemed fair by the courts, any assets included within the contract are considered non-marital property as the agreement dictates, regardless of their classification under Florida law.

Our Florida Family Lawyers will Protect What is Yours

Property division in Florida can quickly become confusing, as it is sometimes difficult to differentiate between marital and non-marital property. At All Family Law Group, our knowledgeable Tampa family law attorney will help determine what assets are yours, and what is subject to property division. We always work in the best interests of our clients and will fight to protect what is most valuable to you. Call us today at (813) 672-1900 to schedule a free consultation and to learn more about how we can help during your divorce. Se habla Español.

What Happens To The Rental Property In Divorce?

Married couples often have many ways of earning income for their household and one of these is investing in rental property. Whether it is an entire apartment building or just one unit that is used as an Airbnb, rental property can be a very lucrative investment.

When a couple gets a divorce though, that property is subject to division just as any other. The manner in which it is divided on the other hand, has the potential to become much more complex. If you are going through a divorce and it involves rental property, below are some guidelines that may suggest how you and your spouse will divide it.

Reaching an Agreement with Your Spouse

Like all other property division issues, you can reach an agreement with your spouse on how you will divide the rental property. One spouse may keep it outright and become responsible for the maintenance, property taxes, and other issues that involve the property. Or, you and your spouse may even decide to continue co-owning it while dividing the responsibilities of upkeep, as well as the income it generates.

Reaching an agreement with your spouse is very beneficial. It puts the control back in your hands, which often makes it more plausible that you and your spouse will abide by the terms of your agreement. Unfortunately, you and your spouse may not reach an agreement and when that is the case, the matter will go to the court.

Factors the Court will Consider

Allowing the court to divide property in any divorce always comes with some risks because judges are able to use their own discretion when making these decisions. A judge will consider many factors including who made the most contributions to the rental property, and whether it makes sense to allow one person to keep it entirely or whether the property should be sold with both spouses dividing the profits.

A judge will also determine whether the property is considered separate or marital property. Even when one spouse owned the investment property prior to the marriage, this does not necessarily make the investment marital property. If the proceeds used from the investment contributed to the household, a judge may deem it marital property. Also, if the household income was used to pay the mortgage or property taxes on the investment property, that is another factor a judge will use to determine that it is marital property.

Clearly, dividing investment property is no easier than dividing any other type of property in a divorce. You should always contact a Florida family lawyer that can advise on how the property may be divided, and that can help you reach an agreement with your spouse.

Call Our Family Lawyers in Florida Today

If you are going through a divorce that involves the division of complex assets, our Tampa divorce lawyers are here to help. At All Family Law Group, P.A., our seasoned attorneys can advise on the property division laws of the state and help you obtain a settlement that is fair. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation. Se habla Español.

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.  

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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