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 EspaƱol.
Showing posts with label Tampa Bay Family Law Attorney. Show all posts
Showing posts with label Tampa Bay Family Law Attorney. Show all posts

Thursday, February 18, 2016

Collaborative Divorce or Mediation – Which is Best?

Divorce is never an easy time for couples. Very few couples are able to go through divorce without some disagreements. There are plenty of issues to iron out and no matter how well you prepare for it, handling the separation and dividing property can come with some acrimony. How you handle disputes can either help to resolve them or can make them worse. In Florida, couples are typically expected to resolve their differences whenever possible before a divorce will be granted. This can be accomplished with an experienced divorce attorney or with outside help.

What is Collaborative Divorce Law?
Collaborative divorce law is a special type of legal practice that occurs outside of the courtroom. Attorneys work together to assist clients in finding resolutions to their settlement disagreements. Collaborative divorce is often best for those who have high assets or those with serious child custody disputes. A collaborative divorce allows couples to work together to try to come to a resolution that is respectful of both parties. While this may be a trendy option, it may not be the best solution for many couples.

Mediation
Mediation is an option that is available to couples who are divorcing. A mediator is a professional who is not biased. The mediator works for neither of the parties directly but instead provides the support necessary to resolve the difficult issues of the divorce – issues the couple have not been able to resolve on their own. Both parties and their attorneys are present for the discussions, which may only be required to solve one or two of the most difficult areas of dispute. When couples are unable to come to a suitable agreement, the court may order them to seek mediation.

Disadvantages of Collaborative Divorce
While at first glance, collaborative divorce may seem like a good idea, there are some distinct disadvantages. Collaborative divorce is certainly not for everyone. One of the main drawbacks of collaborative divorce is that you must agree to resolve the issues without court intervention. If the negotiations are unsuccessful both attorneys must withdraw and new attorneys for both sides must be retained. This can be expensive and time consuming, and may be unnecessary. Sometimes a better approach is simply to work with your own attorney. Your attorney understands the details of your case inside and out and will always try to ensure that you are guided to an equitable result. It is in your best interests to discuss your options with your attorney and discover which one he or she sees as the best fit.

Achieving a Successful Divorce
A successful divorce can be achieved with help from a skilled divorce attorney. The divorce process can be stressful, but under the direction of your attorney, you can leave the stress behind and concentrate on the healing process. Your lawyer will advise you of the main issues of concern, will answer your questions, and work towards achieving a divorce that best meets the needs of your family. When seeking a divorce, contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Friday, July 10, 2015

Can I Enforce or Modify My Out of State Divorce in Florida?

Because divorce is state specific, it is difficult to know how to “transfer” your divorce when you move. If you and your children have moved or relocated after a divorce, paternity, or other family law proceeding has terminated, you might be wondering if Florida will enforce those orders. If you have received a final judgment then you might be able to domesticate said judgment. This is the formal process necessary to enforce your foreign (out of state) divorce. Outside of the enforcement guaranteed by the Full Faith and Credit Clause of the U.S. Constitution, several acts of the Florida legislature have detailed how to record, or domesticate, your order in your new home state.

What’s the Process of Domestication?
The first step in domestication is obtaining a certified copy of your final judgment. This will likely require a written request and a fee from the original court, which will depend on the divorcing jurisdiction.
After you have received a certified copy, you must prepare an affidavit to be notarized. This affidavit must contain the name, address, and Social Security number of both parties to the divorce. The affidavit must additionally include a request to domesticate the order in the Florida county in which you now reside.
You must then take the certified copy of the final judgment along with the affidavit to the clerk of the family law division in your local Florida courthouse. Upon receipt the clerk will record the judgment and affidavit and notify the opposing party that the final judgment has been filed in Florida.
There is a filing fee associated with the Domesticating of the Judgment as well as a waiting period. For 30 days after the initial filing, the respondent has an opportunity to respond. This waiting period allows the respondent reasonable time to file an action challenging the validity or enforcement of the final order. If the defendant does not respond or initiate any action during those 30 days the order will be domesticated and enforceable in Florida.
Why Would I Want to Domesticate My Judgment?
In order to have the full enforcement of the Florida authorities, a judgment must be recorded in the Florida Courts. One of the benefits of domesticating your final order is to have the ability to modify that order in Florida courts. Once a judgment is domesticated, Florida law will apply to any modifications the party seek to make to the agreement.
Is Domestication Guaranteed?
No. Parties can attempt to stop the domestication of a foreign judgment or order for several reasons. First, if the order you are seeking to domesticate in Florida is not final, the court will not record the order. This means if your order is currently under appeal or there are other related court proceedings that have not terminated before seeking domestication, it is likely the order will not be domesticated.
Will My Order Be Domesticated?
If you are considering domesticating your out of state order in Florida, or you have questions on how to begin the process contact the Tampa family and divorce lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+
- See more at: http://www.familymaritallaw.com/can-i-enforce-or-modify-my-out-of-state-divorce-in-florida/#sthash.JBZBEqtz.dpuf

Military Divorce In Florida

Divorcing a spouse who is on active duty in the military can present difficulties that would not otherwise be present in civilian divorce proceedings. Although the grounds for divorce are the same, several special issues of service of process, default, custody orders, support orders and property division are unique to a military marriage.

Florida’s Jurisdiction & Service of Process
To establish Florida’s jurisdiction over the military divorce, two preliminary matters must be met. First, one partner must reside or be stationed in Florida at the time of filing. Second, the active duty spouse must be personally served with a summons and copy of the divorce. In an uncontested case, the active duty spouse can file an affidavit acknowledging the divorce action.
Protection From Default
In a civilian divorce, the respondent can find himself in a default judgment by failing to respond to a divorce action in a timely manner. For active duty spouses that are deployed at the time of filing, this presents a unique problem because they may not be able to respond in the time allotted by the court. Under the Soldiers and Sailors Civil Relief Act, Florida judges can postpone divorce proceedings until the service member returns from duty and up to 60 days after his or her return.
Pension and Benefit Division
Outside of Florida’s laws directing the division of marital property, the property of military couples is further regulated by the Uniformed Services Former Spouses’ Protection Act, which specifies how military benefits, including commissary, exchange, health care benefits, and the service member’s pension, can be distributed. It also provides for transitional health coverage and limited base privileges in certain cases.
This act specifically allows the state of divorce to treat military disposable retired pay as marital property and divisible in a divorce action. This act allows Florida courts to treat military retired pay as any other pension plan and subject to garnishments to satisfy other financial divorce obligations.
The Survivor Benefit Plan is also unique to military marriages. This program provides a monthly payment to a specified individual upon the service member’s death. The individual selected as the service member’s Survivor Benefit Recipient can be changed throughout the course of the spouse’s service. Whether or not a former spouse is to remain as the Survivor Benefit Recipient is important to enumerate in the marital settlement agreement.
Child Custody
Service members often have relocation concerns that other civilian couples do not. Permanent Change of Station Orders (PCS) dictate when and where service members are stationed for years at a time. In terms of child custody, this may require military spouses to adapt their parenting agreements to accommodate a long-distance time sharing schedule. Florida allows for temporary relocation requests and provides a final hearing on those issues within 90 days of filing, thus allowing the active duty service member to get a court’s ruling on custody issues before leaving on orders.
Support Orders
Military service members are paid a higher rate of compensation when they are deployed versus when they are stationed at home. These two rates of pay need to be considered when evaluating how often the active duty spouse is deployed. If the active spouse is deployed frequently, the court may raise alimony and child support amounts to take this higher pay rate into consideration.
How Do I Protect Myself & My Family in My Military Divorce?
The Tampa divorce attorneys at All Family Law Group, P.A. have the skills necessary to take you through your military divorce. Our office is knowledgeable in the area of military divorce and can help you throughout the process. Contact the Tampa family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+
- See more at: http://www.familymaritallaw.com/military-divorce-in-florida/#sthash.EonJe9w1.dpuf

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...