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  • Equal Timesharing Presumption: Florida is an Equal Timesharing State
    2025/04/25

    Attorney Jonathan Jacobs, host of the Divorce and Family Law Podcast, explains equal time sharing in Florida, emphasizing the legal presumption of equal time for parents and the burden of proof placed on the opposing party. Attorney Jacobs highlights the detrimental effects of alienation in co-parenting relationships and discusses the legal framework that supports equal time sharing, urging parents to act in the best interest of their children.

    1. Equal time sharing is presumed under Florida law.
    2. The burden of proof lies with the opposing party.
    3. Alienation can severely impact co-parenting dynamics.
    4. Parents should not be punished for not getting along.
    5. Legal action may be necessary to secure equal time sharing.
    6. Judges are required to consider the best interests of the child.
    7. Documentation and preparation are key in custody cases.
    8. Co-parents should communicate to avoid misunderstandings.
    9. The law aims to protect the rights of both parents.
    10. Understanding legal rights can empower parents in custody disputes.

    "The burden is on the other side."

    Chapters
    00:00
    Understanding Equal Time Sharing in Florida
    03:04
    The Burden of Proof in Custody Cases
    05:25
    Consequences of Alienation in Co-Parenting


    Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com Call 407-335-8113.

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    6 分
  • Dating During Divorce: Can Dating During Divorce Affect Custody?
    2025/04/22

    Attorney Jonathan Jacobs discusses the stigma surrounding dating during divorce, challenging the common perception that infidelity is the primary cause of marital breakdowns. Divorce and Family Podcast explores other common reasons for divorce, the impact of new relationships on children, and the distinction between public opinion and legal realities in divorce proceedings. The speaker emphasizes that infidelity may not hold significant weight in legal decisions unless it involves harm to children or financial misconduct.

    1. The perception that all marriages end due to infidelity is misleading.
    2. Many divorces stem from issues like violence or addiction.
    3. Emotional affairs are often more prevalent than sexual ones.
    4. Dating during separation is common, but often kept discreet.
    5. Divorce creates heightened emotions and tensions between parties.
    6. Proving infidelity may not provide a legal advantage in divorce.
    7. Judges focus on the best interests of children, not public opinion.
    8. Infidelity's legal implications are limited to financial misconduct or child safety.
    9. Separation often precedes new relationships, reducing potential harm to children.
    10. Understanding the legal landscape is crucial for navigating divorce effectively.

    "Is the other party actually cheating?"

    Chapters
    00:00
    The Perception of Dating During Divorce
    02:46
    Understanding the Real Reasons for Divorce
    05:12
    The Impact of New Relationships on Children

    Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com Call 407-335-8113.

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    6 分
  • Tips for Winning at Trial in Family Court
    2025/04/17

    In this episode of Divorce and Family Law Podcast, Attorney Jonathan Jacobs explains the importance of preparation in family law trials. Attorney Jacobs explains how lies can undermine credibility in court and the importance of thorough preparation for attorneys to effectively cross-examine witnesses. Attorney Jacobs advocates for a strong attorney-client relationship based on honesty and the necessity of having evidence to support claims made during trials.

    1. People lie during trials, especially in family law.
    2. Cross-examination is crucial for achieving good results.
    3. Preparation is key; attorneys must know their cases thoroughly.
    4. A good attorney prepares better than the opposing counsel.
    5. Understanding the case and issues is essential for success.
    6. Having evidence to contradict lies is vital in court.
    7. Truthfulness is important in the attorney-client relationship.
    8. Presenting facts, not fictions, is essential in family law.
    9. The time to address issues is before the trial begins.
    10. Effective cross-examination can capitalize on the other party's mistakes.

    Sound Bites
    "Preparation, supreme preparation."

    Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com Call 407-335-8113.

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    6 分
  • Marital Home Florida Divorce: Who Keeps the House?
    2025/04/11

    This episode of Divorce and Family Law Podcast delves into the complexities of marital asset division during divorce, focusing on the significance of the marital home, the challenges faced by financially distressed parties, and the importance of legal strategy in navigating property division. Attorney Jonathan Jacobs discusses how equitable distribution works, the implications of refusing to sell the marital home, and the potential for negotiation and resolution between parties.

    The marital home is often the most valuable asset in a divorce.
    Equitable distribution can be used to settle debts and make parties whole.
    Financial distress can complicate divorce proceedings significantly.
    A motion for interim distribution is rarely granted.
    Defective motions can lead to delays in the divorce process.
    Bargaining positions can shift based on the urgency of financial needs.
    Legal strategy is crucial in property division during divorce.
    Global resolutions can simplify the divorce process.
    Both parties can benefit from a fair sale of the marital home.
    Understanding statutory and case law is essential for effective representation.
    titles

    Sound Bites
    "Talk about a bargaining position."

    Chapters
    00:00
    Understanding Marital Assets and Divorce
    02:49
    Navigating Financial Distress During Divorce
    05:15
    The Importance of Legal Strategy in Property Division

    Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com Call 407-335-8113.

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    6 分
  • Child Tax Credit Who Gets It?
    2025/04/08

    In this episode of Divorce and Family Law Podcast, Attorney Jonathan Jacobs talks about claiming child tax credits during divorce and child custody disputes. Attorney Jacobs discusses potential conflicts that arise when both parents attempt to claim the same child for tax benefits, the IRS guidelines, and the importance of equitable solutions. Attorney Jacobs emphasizes the need for professional guidance to navigate these issues effectively.

    • Child tax credits can significantly impact tax liabilities.
    • Disputes over tax credits often arise during tax season.
    • IRS guidelines may not align with family court decisions.
    • Equitable solutions can help resolve tax credit disputes.
    • Mediation and professional guidance are crucial in family law cases.
    • Claiming a child for tax credits can lead to litigation.
    • Understanding time-sharing plans is essential for tax claims.
    • Communication between parents can prevent tax disputes.
    • Child support obligations can complicate tax credit claims.
    • Rational decision-making is often hindered by emotional disputes
    • "What would be an equitable solution?"

      Chapters
      00:00
      Understanding Child Tax Credit in Family Law
      02:54
      Navigating Disputes Over Tax Credits

    Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com Call 407-335-8113.

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    5 分
  • Domesticate a Child Custody Order in Florida
    2025/04/07

    This episode of Divorce and Family Law Podcast delves into child custody domestication in Florida, focusing on the legal prerequisites, jurisdictional issues, and the importance of enforcement mechanisms. Attorney Jacobs explains the necessity of understanding the UCCJEA and the implications of moving from one state to another with minor children. The discussion highlights the challenges faced by parents in navigating the legal landscape and the advantages of having custody matters handled in Florida courts.

    • If you're moving to Florida, understand the domestication process.
    • Both parties must have moved from the original jurisdiction.
    • Children must have lived in Florida for at least six months.
    • Enforcement of child support is easier in Florida.
    • Virtual appearances are not guaranteed in all courts.
    • Domestication relies on multiple Florida statutes.
    • The Florida Department of Revenue is effective in enforcement.
    • Traveling for court can be costly and time-consuming.
    • Legal counsel must be knowledgeable about the process.
    • Jurisdiction can remain with the original state if one party stays.

    Sound Bites
    "It can be confusing."

    Chapters
    00:00
    Understanding Child Custody Domestication
    02:56
    Jurisdiction and Enforcement in Florida
    05:19
    Navigating the Challenges of Domestication

    Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com Call 407-335-8113.

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    6 分
  • Pet Custody in Divorce Florida: Who Gets the Dog in Divorce?
    2025/04/01


    Attorney Jonathan Jacobs explores pet custody during divorce proceedings in Florida. It highlights the legal framework that treats pets as property rather than children, the emotional implications of such classifications, and the challenges faced by individuals in determining pet ownership post-divorce. The discussion from Jacobs Law Firm on this episode of the Divorce podcast emphasizes the need for clear documentation and understanding of ownership rights, as well as the limitations of the legal system in addressing pet custody arrangements.

    Divorce proceedings in Florida treat pets as property.
    Emotional attachment to pets complicates custody disputes.
    Judges determine pet ownership based on legal ownership, not emotional ties.
    Florida law does not provide for pet time-sharing arrangements.
    Documentation of pet ownership is crucial in divorce cases.
    Pets are not treated the same as children in custody cases.
    Equitable distribution applies to pets in divorce, similar to other property.
    The emotional aspect of pet custody can be more intense than child custody.
    Legal ownership can be contested based on financial contributions.
    The court's role is to resolve property disputes, including pets.

    Sound Bites
    "This is not a man or a woman argument."

    Chapters
    00:00
    Divorce and Pet Custody in Florida
    02:51
    Legal Perspectives on Pet Ownership and Divorce

    Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com Call 407-335-8113.

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    6 分
  • Child Support Arrears: Can I Cancel My Arrears? Why do I Owe Child Support?
    2025/03/28

    This episode of Divorce and Family Law Podcast talks about child support arrears, exploring the legal and emotional ramifications for parents who still owe child support after the age of 18. Attorney Jonathan Jacobs highlights the challenges faced by non-custodial parents, the rationale behind child support payments, and the potential for forgiveness of arrears under certain conditions. The discussion emphasizes the importance of child welfare while addressing the punitive nature of the current system.

    • Child support arrears can accumulate significantly over time.
    • Non-custodial parents may face severe consequences for unpaid support.
    • The legal system prioritizes reimbursement to custodial parents.
    • Child support is intended for the welfare of the child.
    • Forgiveness of arrears is not guaranteed and depends on mutual agreement.
    • The system can lead to punitive measures for non-payment.
    • Child support payments are often likened to long-term debts.
    • The emotional toll on parents can lead to drastic decisions.
    • Child support laws vary by state, affecting enforcement and forgiveness.
    • The primary concern should always be the best interest of the child.

    Sound Bites
    "Paying child support can be punitive."

    Chapters
    00:00
    Understanding Child Support Arrears
    02:48
    The Consequences of Child Support Debt

    Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com Call 407-335-8113.

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    6 分