About Our Firm

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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla Español.

Friday, June 11, 2021

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.

Monday, June 7, 2021

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.

Friday, August 28, 2020

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

Monday, August 24, 2020

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

Friday, August 21, 2020

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

Sunday, June 28, 2020

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.

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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...