The answer to whether you will have to go to court to obtain a Florida divorce is that it depends on the details of your situation. A main consideration is if your divorce is uncontested or contested. If the dissolution is uncontested, you may not have to ever enter a courtroom.

Speak with a Tampa family law attorney about your goals, whether you are seeking a specific child custody agreement or are interested in pursuing a large portion of marital assets. Your attorney can share resolution options with you, including negotiation, arbitration, mediation, and litigation.

Learning About Contested and Uncontested Divorces

There are situations in which spouses are unable to agree on the central issues of the divorce. If this is true for you, if you and your spouse are simply unable to reach agreed upon terms when it comes to asset distribution, debt division, child custody schedules, and support possibilities, including child support payment or alimony, the divorce is contested. The disagreements will then be brought to court, both spouses are required to be present, and the judge will decide on the disputes.

Uncontested divorces are different, they are situations in which key issues are agreed upon. Then, a standard or simplified dissolution could be possible.

To qualify for a simplified marital dissolution in Florida, the following must be true:

• Both spouses agree the marriage is broken, irretrievably.
• There are no children as a result of the union.
• Nobody is seeking spousal maintenance payments.
• Both individuals waive their rights to a trial or appeal process.

When all of the conditions are met, both spouses will appear in court to have the simplified dissolution finalized.

When a simplified dissolution is not an option, you and your spouse may agree to a standard dissolution. Then, your divorce terms will be established through a marital settlement that both of you will sign, as well as confirming a financial affidavit. Though a final hearing will be required, only one spouse is required to attend.

Talk to a Tampa Area Family Lawyer

To learn more about the process, whether you are considering taking your disputes to court or would like to pursue a dissolution of marriage through negotiation, a Tampa family law attorney can walk you through the process and inform you of your options each step of the way. Divorce, contested or not, can be stressful, but a veteran lawyer knows how to secure the agreement you need.

What if I have to go to court to seek my post-divorce goals? While a process of negotiation is often a path to seeking the divorce agreement you want, there are times when disputes need to be settled by a judge in a Florida family court. The compassionate lawyers at HD Law Partners will aggressively fight for the agreement you need to move toward the future with confidence. When you share your concerns with a skilled attorney, they can discuss the pros and cons of litigation with you. Connect with a veteran attorney today, call 813-964-7878 to schedule a free consultation.

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As an insurance policyholder, there may come a time when you file a property and casualty claim. Essentially, property and casualty law in Florida is the body of law that governs the legal rights and responsibilities of insurers and their policyholders when it comes to property and casualty insurance coverage within the state.

If you need to file for damage recovery, connect with a Tampa insurance attorney. A skilled lawyer can help you with claims connected to fires, floods, mold, vandalism, and more. They can also provide you with legal remedies should disputes arise, such as the filing of a bad faith lawsuit.

Reviewing Insurance Policies and Handling Disputes

Maintaining a property and casualty policy is an important path for individuals and businesses to protect themselves from an array of risks. Be sure you understand the terms of the insurance policies you are holding and if you have any questions about your coverage, ask an insurance policy lawyer.

If there is a dispute, a lawyer who is familiar with Florida law will be able to negotiate with your insurance company to reach the best possible resolution. When negotiation does not achieve the results you and your lawyer are seeking, mediation could be the next step. Your lawyer will explain every option with you throughout the process and be sure that all agreements are well-crafted and legally binding.

To get your claim started, your attorney will contact the insurance company and provide details about the incident, such as when and where the event occurred. They will also share documentation, including photos and witness statements that prove the need for damage recovery. Next, a claim form will be completed and submitted. Once the insurance company reviews the claim request, they will respond with a full and fair settlement, a reduced offer, or a denial of the claim.

From an Initial Filing to an Appeal

Your attorney can walk you through the details of the filing and represent you should the company come back with a denial or low offer. When an attorney is navigating an insurance coverage dispute, they could be working on a range of claims, including those connected to bodily injury or property damage.

Often property damage claims are connected to a person working to access monetary recovery from their homeowner’s policy. For example, if an insurance company is suggesting there is no path to recovery because the policy was not in place at the time of the loss, your Tampa insurance attorney can compile evidence to the contrary, when possible, and push back on the insurance company’s findings.

Do you need to file a claim because there was damage to your home? If you have a lot of bills because of a weather event or other disruption, you may be able to access the financial relief you need through your homeowner policy. When you hire the legal professionals at HD Law Partners, you will be able to lean on four decades of insurance claim experience. Call 813-964-7878 to schedule a free consultation.

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Scaffolding systems and ladder accidents can result in serious injuries. The dangers of these forms of equipment are well known and there are precautions that people are urged to take when using them to perform work duties. In fact, the Occupational Safety and Health Administration (OSHA) has set guidelines around using lifts and ladders and they update their information and initiatives whenever new information is available. They do this in an effort to keep American workers safe.

If you sustained an injury due to a scaffolding system collapse or a trip and fall from a ladder, discuss the possibility of a personal injury claim with a Tampa personal injury attorney. Workplaces have a responsibility to provide safe spaces and the producers of scaffolding systems and ladders should be supplying their customers with safe products. Your path to recovery will depend on how your injury was sustained and if there was negligence connected to the incident.

Known Risks of Ladders and Lifts

There are a variety of dangers that come with using scaffolding, lifts, and ladders. For example, a noisy worksite could result in miscommunications and misuse. Some of the most common reasons for injury while using ladders and lifts include the following:

• A serious and common workplace injury, falls can lead to devastating injuries.
• Collapsing equipment. When scaffolding is properly erected, it should be sturdy and safe. Equipment that is not correctly assembled can collapse.
• There are set rules about the amount of weight that should be on ladders, scaffolding, and lifts. Rules that need to be respected and followed.
• Falling debris. Objects, tools, and debris need to be properly contained when a person or crew is working so the matter does not fall from a high height and strike an individual.

Of course, the equipment itself needs to be designed and manufactured with care. When the product itself is hazardous, a product liability case could be the path to securing financial recovery.

Speak to a Florida Legal Professional

If you believe another’s recklessness is responsible for your slip and fall injury, hire a Tampa personal injury attorney to ensure you will achieve the best possible outcome. A skilled attorney will fight for the full compensation amount you need to cope with medical expenses, lost wages, emotional distress, and other damages. Additionally, they can provide you with legal advice and guidance throughout the negotiation and agreement process.

Is a fall injury causing you stress, pain, and financial worry? There are multiple ways to achieve financial recovery, depending on the situation. Talk to a legal professional about workers’ comp claims, personal injury settlements, and other forms of legal action. To get started, share the facts of your scaffolding system or ladder injury with the legal team at HD Law Partners. Attorneys who have worked on past slip and fall cases, and achieved successful outcomes, will know exactly how to strengthen your case and can inform you of the value of your claim. When you are ready to pave the road to financial recovery, call 813-964-7878 to schedule a free consultation.

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When an organization is run primarily through cash payments, it is referred to as a cash-based business. While these businesses should keep detailed financial records so they can effectively settle tax responsibilities with the Internal Revenue Service (IRS) and other commitments that require documentation, the reality is many cash-based businesses do not have the clear trail of monetary amounts that other businesses have.

If you, your spouse, or both of you are involved with cash-based businesses, it could make the process of determining asset allocation, child support, alimony, and property division more complicated. That said, there could be a way to access the necessary records and support the asset and liability agreement you are seeking. Reach out to a skilled Tampa family law attorney and share your story to learn about what options are available given your unique situation.

Dividing Assets and Proof of Income

Dividing marital assets is part of the divorce process, and businesses are major assets. To have a comprehensive view of a business’s value, assets, liabilities, and property owned needs to be assessed. When a person is running a cash business. They may have a full record of their liabilities, including credit lines, rent payments, and leases on equipment, but the assets could be underreported, which impacts the overall value.

Of course, if taxes are reported and filed accurately, year over year, there is strong proof of value. But if the person in charge of the cash-based business is not filing their taxes honestly and timely, there may not be accurate records in place. In these situations, a review of business accounting files, receipts, and financial transactions could be analyzed to determine what income level the marital couple was receiving prior to the marriage ending and what amount should be dispersed at the time of the divorce or through future payments in the form of child support or spousal maintenance payments.

Attorneys, Financial Professionals, and Other Supports

Working with professionals who understand the intricacies of dissolving a marriage involving cash-based businesses is advised. Once you connect with a seasoned Tampa family law attorney, they will establish the best strategy for you, which could involve utilizing the services of a financial expert. When a skilled divorce attorney and a seasoned financial professional work in tandem, details about the cash-based business’s financial deals can be brought to light.

Are you concerned about not receiving a fair divorce settlement because your spouse has a business that is based on cash payments? When a marriage ends, there are state laws that need to be followed. When you are interested in protecting your financial health today and into the future, connect with the compassionate lawyers at HD Law Partners. Divorces that involve one or two individuals earning cash-based incomes are not always simple, but there may be a path to a higher asset amount than you originally calculated. Once our attorneys are informed of your objectives, we’ll strategize a path to secure your post-divorce goals. To get started, call 813-964-7878 to schedule a free consultation.

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Because vehicular collisions can lead to severe physical harm, walking away from an accident without any injury is something to be incredibly thankful for. Even when you are concerned about how you will be paying for property damages, such as needing to cover car repairs or completely replace a vehicle, this is far better than having to manage a major injury. And you may discover there are more ways for you to manage your finances after a FL vehicle crash than you initially knew about, you learn more as you go through the recovery process.

Taking initiative is likely in your best interests. So instead of waiting for an insurance company to send you a check, share your accident details with a Tampa personal injury attorney. Seasoned legal professionals can review your case, discover the full worth for your claim, and fight for the monetary amount you need given the documentation you have gathered.

Expenses for Repairs and Rental Cars

If your car is damaged and is in need of repair, you may be wondering how you will pay for the repair itself and if you will receive compensation for the costs of renting a car while your car is in the shop. As is true with many car accident claims, the answer is it depends. A lawyer can review the insurance policies involved and inform you of the coverage you have access to.

For instance, while there are insurance policies that cover rental cars during a period of vehicular repair, the allotted time is set for a period of days or weeks. An insurance company will not pay for an indefinite car rental. When you are informed about the parameters of a policy, you can make an informed and financially sound decision.

And speaking of timelines, there are filing deadlines for damage recovery as well. In the state of Florida, a lawsuit needs to be filed within four years of an accident. And a collision coverage insurance policy will have its own deadlines to follow.

Schedule a Conversation with a FL Car Accident Attorney

When you book a non-binding meeting with a Tampa personal injury attorney, you will learn about what is possible given the insurance policies you carry and the facts of your vehicular accident. Then, you and the lawyer can determine if it would be advantageous for you to retain the services of an attorney or if you are able to access the financial amount you need through the process of filing a claim on your own.

Have property damage bills brought you stress and worry? It is normal to obsess about how to pay expenses when you feel financially overwhelmed, but guessing at possible outcomes will not improve your situation. Instead, talk to a legal team who has extensive knowledge of the car accident recovery process. When you are ready to connect with solutions for your unique situation, speak with the compassionate legal team at HD Law Partners. To get started, call 813-964-7878 to schedule a free consultation.

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Collisions due to driver distraction occur for a wide range of reasons. In Florida, as is true in a lot of US states, the majority of distracted driving laws focus on texting. It is well known that individuals who are handling their mobile devices while operating a vehicle are a hazard. Because of this, people follow hands-free driving laws in Florida. These laws are in place to promote safer travel throughout the state.

While you are permitted to talk on your cell phone through a hands-free option, you still need to be sure your attention is focused on safe travel. Being cognitively distracted, meaning your mind is elsewhere, possibly pulled into an emotional family call or participating in a heated work meeting while driving, is also risky. If you sustained an injury because a Florida driver was illegally using their phone manually or a vehicle operator was talking using a hands-free option but still behaved negligently, talk to a Tampa personal injury attorney about your compensation options.

Texting as a Primary and Secondary Offense

Prior to 2019, texting and driving was a secondary offense in Florida. Essentially, this means you would need to be pulled over for a separate traffic violation and then your active texting could be addressed. But while driving hands free is permitted, using the bluetooth feature on your phone, for instance, choosing to manually interact with your phone could now result in you being pulled over and ticketed. This is because failing to drive hands free is currently a primary offense.

When the hands-free law was first introduced, it was put in place in construction zones and school zones. Then, the rules were rolled out to include texting while driving anywhere in the state of Florida. Penalties will depend on where the offense occurred and if the driver is a first time or repeat offender.

Claims and Legal Action After a Traffic Accident

Sustaining an injury in a Florida traffic accident can result in a lot of bills. You may have medical care expenses and physical therapy fees, for example. When illegal behavior, such as texting on a mobile device while driving, contributed to the accident, you should talk to a Tampa personal injury attorney about legal recourse. It may be possible to secure a full recovery amount through insurance claims. But if not, further legal action can be taken. Connecting with a lawyer early in the process means you can do everything possible to strengthen your chances of financial recovery.

Could compensation be in reach after your Florida accident? If another was driving while distracted, you should not have to ruin your financial future because you’ve incurred expenses due to their reckless behavior. With a legal professional on your side, you can secure a full and fair recovery settlement. When you are ready to get your claim started, connect with the compassionate legal team at HD Law Partners. Legal support is a phone call away. To get started, call 813-964-7878 to schedule a free consultation.

Posted in Auto Accidents, Personal Injury | No Comments »

Traumatic events, such as car crashes, can have a lasting psychological impact on individuals. For example, some who are involved in a car crash or witness a severe collision find themselves living with vehophobia. Each time these individuals get behind a car wheel, they may experience an elevated heart rate, sweating hands, shallow breath, and anxious emotions.

Some who are coping with vehophobia, or fear of driving, are able to access their professional commitments and social interests by taking rideshare vehicles or having friends or family members drive. But others are so fearful of vehicles they are unable to ride in the car as a passenger or driver. There are treatment plans available, and accessing monetary damages after an accident could provide the funds you need to get the support you need. Talk to a Tampa personal injury attorney about securing damage recovery.

Pinpointing the Fear and Finding Help

If you are experiencing emotional upset following a car crash, know that you are not alone. One report states that over a quarter of people involved in traffic accidents experience post traumatic stress for at least a month after the event. And for some of these individuals, the emotional distress reaches far past 30 days.

There are many phobias that people are familiar with. For instance, agoraphobia is a term used to describe the fear of leaving one’s home or being in crowded spaces and arachnophobia is the fear of spiders. Vehophobia is specific to a person who is fearful of driving and it is typically the result of a traumatic accident or experience. Because it is connected to the event, it could have specific parameters for individuals. Examples include a person may be fearful of driving at night or feel anxious on highways.

Therapy, Defensive Driving Courses, and More

Once you recognize a problem, you can begin to find solutions. Often talking to a mental health professional, such as a counselor or therapist, can lead to healing techniques. You may find talking through the experience, and accepting you can’t control all aspects of life, allows you to let go of recurring negative thoughts.

Driving courses can also be beneficial, either on their own or in tandem with therapy sessions. Defensive driving classes are structured to share additional ways to enhance driving skills with experienced drivers. These added skills can buoy your confidence when recovering from a Florida collision experience. The cost of therapy, defensive driving classes, and other support could be part of your recovery. Share your goals with a Tampa personal injury attorney.

Is it time for you to access the support system you need to fully heal following a Florida car accident? There are a wide range of damages that can follow a car wreck, including physical injuries, property damage, and emotional distress. If you have been unable to drive since a collision and believe you would benefit from working with a mental health professional, speak with the compassionate legal team at HD Law Partners about securing the funds you need to make those appointments a reality. To get started, call 813-964-7878 to schedule a free consultation.

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In the state of Florida, there are no legal separations, but limited divorce are an attractive option for couples who want to live apart. Through a limited divorce, child custody, spousal maintenance, and child support payments can be established, but the couple could still be on each other’s benefit packages, if that is agreed upon by both parties.

There are often more options for separation and divorce than spouses realize when their marriages are deteriorating. Speak to a skilled Tampa family law attorney about what is possible for you and what the pros and cons are of each option. Then, you will learn whether a bifurcated divorce, collaborative divorce, or limited divorce is right for you.

Health Concerns and Employer Benefit Packages

Why a person chooses to separate or pursue a limited divorce rather than a final divorce agreement depends on their unique situation. For instance, if you and your spouse are not getting along and want to live apart, but understand that employer health insurance is needed for both people, you may explore separation options. This can be particularly true when the split is amicable and one or both individuals are managing a health issue and are relying on the insurance provided by their spouse’s employer.

There are typically qualifying events that allow an insurance company to drop a person from their plan. A final divorce agreement is a qualifying event. This is something that needs to be kept in mind, whether it means you will delay a final divorce or pursue an individual health insurance plan, through your own employer or from the health insurance marketplace.

Limited Divorce and Deciding to Reconcile

Another reason to explore a limited divorce is if you may reconcile in the future. Unlike final divorce agreements, a limited divorce is reversible. This is more common than many realize, that couples have a difficult time and choose to spend months or years living apart until the marital issues can be resolved. Sometimes this is a result of going through counseling, others choose to simply engage in their own interests for a period of time and later realize they are ready to reconcile.

Because the divorce is limited, both individuals are not permitted to remarry unless a final divorce agreement is pursued. Also, there are tax considerations to keep in mind. Depending on your situation, these could be advantages or disadvantages. Talk through your goals with a skilled Tampa family law attorney. Once an attorney learns of your objectives, they can share an experienced path forward with you.

Is a limited divorce something you want to discuss with a legal professional? Talking through why you are separating and how to lay the groundwork for the future you are seeking will lead to the best arrangement for your circumstance. When you are ready to get started, connect with the compassionate lawyers at HD Law Partners. Our skilled attorneys know how to make your post-divorce goals come to fruition. To get started, call 813-964-7878 to schedule a free consultation.

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While some associate prenups with the rich and famous, these legal documents are a valuable tool to a wide range of people. There are many reasons why an individual may request a prenup before getting married. They provide guidance on how to handle assets should the marriage end or someone passes away. You do not have to be uber wealthy to benefit from a prenuptial agreement.

But as is true with any legal document, working with a Tampa family law attorney before signing official agreements is an important step in protecting yourself and your resources today and into the future.

Full Disclosure of Finances

Of course, in order to build an agreement that is complete, both people need to provide a full disclosure of the assets and debts. This will include income verification, investment account balances, properties owned, and an array of financial statements. Often, each person will have their own attorney and there is a timeframe in which both individuals and their attorneys will review the data supplied and ask questions or request further documentation, as needed. While this process takes time, it is essential. When a prenup is not well-crafted, there is the possibility of legal disputes later.

Then, to make the agreement binding, each person must voluntarily sign the agreement, authorizing the information included in the contract.

Because the process can take time and data may need to be reviewed and addressed, beginning the process early on is advised. So, if your partner has brought up the topic of a premarital agreement, talk to an attorney to have your concerns addressed. You do not want to be signing a document designed by another party in the eleventh hour before your wedding day.

Your Prenup Could Be Part of Your Estate Plan

When entering into a marriage, your prenuptial agreement could be part of your estate planning process. This is common when the people marrying have had prior unions that resulted in children, for example. Legal documents can be drawn up that give the parents peace of mind, knowing their children will receive the inheritance they want them to should they pass away.

Each union has its own particular concerns to address. If you choose to enter a prenuptial agreement or not is up to you. But before you make a final decision, discussing your options with a Tampa family law attorney could provide you with valuable information in order for you to make an informed decision.

Was your fiance’s request to craft a premarital agreement a surprise to you? While prenups aren’t for every couple, there are a lot of situations where drafting a premarital agreement is in the best interest of both individuals. But before you agree to any terms, be sure you have a full understanding of the document. Your desires need to be addressed as well as your soon-to-be spouse’s wishes. To learn more about crafting a prenup, schedule an appointment with the compassionate lawyers at HD Law Partners. Call 813-964-7878 to schedule a free consultation.

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School breaks are something kids look forward to, sometimes for months ahead of time, but if you are co-parenting while separated, you may have mixed emotions about winter break, spring break, and the summer expanse between one grade and the next. After all, there may be ambiguity about which house the kids will be at if you and your spouse recently separated and currently have a plan in place for each of you to be active in your child’s school schedule while living separately.

Often, separated parents are in the process of obtaining a divorce. If this is true for you, a parenting plan and custody agreement will be an important tool in understanding how a range of childrearing considerations will be handled, including which parent the child will be staying with over breaks and if those schedules will alternate or not. Share your concerns and hopes for the future with a skilled Tampa family law attorney. Then, next steps can be pursued.

Each Family Has Its Own Priorities

Sometimes, it is helpful to understand your school break priorities, as a parent, before entering into a parenting plan negotiation. For example, you may have particular holidays that you want to spend with your children. If your spouse also enjoys the same holiday traditions, a period of negotiation may be required. You and your spouse may decide to rotate holidays or split them each year.

For families that celebrate Christmas, some choose to alternate the entire winter holiday each year, meaning the kids are with you from December 23 until January 1 one year and with your ex-spouse for that timeframe the next. Others do not like the alternating approach. Instead, they will make an agreement where they spend Christmas Eve with the kids and then the children will spend Christmas Day with their ex-spouse. There is no right or wrong answer, it is what works best and feels right for you and your family.

Summer Plans May Change Over Time

When drafting parenting agreements, you may want to include language for each phase of a child’s life. There are many ways that children can age out of parenting plan guidelines. This could occur if there is language about your child attending a summer camp they love, but the camp itself only provides activities for kids up to age 12. Even roughly outlining what will occur for the child’s summer at the age of 13 and up can help in avoiding future disputes.

Are you worried about how school breaks and holiday schedules will be handled as you and your soon-to-be-ex spouse begin to co-parent? There are tools that can make the process easier, including drafting a parenting plan both parties are comfortable agreeing to. Before signing off on an agreement you aren’t sure about or don’t understand, talk to an attorney. To have your questions answered, schedule an appointment with the compassionate lawyers at HD Law Partners. Co-parenting is smoother when guidelines are outlined and maintained. To learn more, call 813-964-7878 to schedule a free consultation.

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