Pro se litigants may be told that because you are in small claims court, you don't need to have any legal knowledge or understanding about how legal claims work. You may be led to believe that all you will need to be able to do is:
- briefly state the nature of your dispute
- organize any evidence and witnesses you think will help back up your version of events
- come to court on time
- be polite, and
- let the judge decide if your case is any good.
- If you don't understand the legal rules the judge will apply to decide your case, you may waste time and energy pursuing an obvious loser
- If you don't understand the legal realities that underlie your case, you may prepare irrelevant arguments. In a worst-case scenario, you may not even understand--and therefore fail to fulfill--the key legal requirements necessary to have a judgment entered in your favor.
- If you win and especially if you lose, you won't know why.
- A close, sensitive working relationship with a psychologically intact conscientious primary residential parent.
- The diminution of conflict and reasonable cooperation between the parents.
- Whether the child came to the dissolution with pre-existing psychological difficulties.
- Educate you as the parent as to the purpose of the legal system and Florida law as it relates to parental responsibility and child issues.
- Improve the psychological health of the parent.
- Promote early completion of the emotional stages of dissolution of marriage which interfere with the ability to conscientiously parent.
- Improve the communication between the parents through use of communication plans.
- Eliminate or minimize conflict.
- Promote a parenting plan which focuses on the future cooperation between the parents.
- Focus the parents on the best interests of the child, to deal with the child's needs and difficulties.
Why you should hire an eviction attorneyAs an attorney that practices Landlord/Tenant law, as well as eviction law, this story is upsetting, not only because someone lost their life, but because this problem could have been rectified by using the resources of their local court. To sum up as quickly as possible, police stated that late Saturday (April 16th), there was an argument between the tenant and landlord regarding $550 the landlord was to collect for back rent. After the two men argued, the tenant closed and locked his sliding glass door to prevent the landlord from entering. The landlord then proceeded to walk over to his abode, obtain his weapon and discharge it towards the tenant's residency, essentially shattering the glass. Once the landlord entered the tenant's occupancy, an argument ensued and the tenant was then fatally shot in the head. The landlord was charged with first degree murder.
As an attorney in the State of Florida that practices in the area of Landlord-Tenant Law, one concern that comes up very often from a tenants' perspective, is a landlord's claim on their security deposit. Below, I will explain the law surrounding the return of a tenant's security deposit by their landlord.
Family Law Update!!!
Whether you're dealing with a divorce, paternity issue, modification of child support issue, etc., it can be a pretty stressful experience. Moreover, unfortunately, more often than not, it is a time-period where people act irrationally, totally ignoring who is being hurt or affected. While this post will vary from many of the other ones that I write, it will nevertheless address one of the most important issues I believe that presents itself in the family law arena: Choosing an attorney to represent you.
As an attorney in St. Petersburg, FL, who practices primarily in the area of Family Law, this is one of the biggest topics currently being discussed in the family law arena. For the second time in 3 years, lawmakers in the state of Florida are looking to completely overhaul the original alimony statute, which means major changes are coming in the area of divorce law.
A concurrent estate is a term used frequently in property law. It describes the various ways in which property is owned by more than one person at a time. The different types of concurrent estates are the following: Tenancy by the Entirety, Joint Tenancy with Right of Survivor-ship and Tenancy in Common. For the purposes of this post, we will talk about the different aspects of Tenancy by Entirety.
As a divorce attorney in St. Petersburg, my practice focuses primarily in Family Law. As a result of this, it is often brought to my attention that there are matters that one parent may feel needs to brought to a judge's attention. One issue that comes up fairly often in a contested paternity or divorce matter with children is emotion abuse.
A while ago, I had an individual residing in the St. Petersburg area contact me regarding a notice he received from the homeowner/lender's mortgage company. Essentially, he was told that he had to vacate the residence within a 15 day period, or else legal action would be taken. Well, thanks to Gov. Rick Scott, HB 779 protects renters in foreclosed homes from swift evictions. Under the bill, unanimously approved in both chambers, tenants that are renting a foreclosed home that is sold to a new owner must be given at least 30 days notice to vacate the residence. So, if you are told to leave your home within a certain amount of time, make sure you are given at least 30 days notice. If you are not given at the very least, 30 days, you may have legal recourse.
As an attorney in the St. Petersburg/Clearwater area that practices in the area of Small claims, one question that often comes up is "how much can I sue for, and why should I choose this avenue?" To begin, let's delve into the types of claims involved in small claims lawsuits.
Here, I will provide a very brief overview of the divorce process in Florida. As a family law attorney in St. Petersburg, Florida, I assist individuals with divorce along with other family law issues in Pinellas County and the surrounding counties.
This was a question that was presented to the Florida Second District Court of Appeal not too long ago. The appellant appealed a civil contempt order entered by the circuit court following his failure to abide by the terms of the marital settlement agreement between former husband and wife. The civil contempt order, was imposed as a sanction in a prospective fashion. The Appellate Court reversed.
An eviction is not one of the easiest things to deal with. If you have kids, it's even worse. You may need some time to find a place to live and relocate. If a writ of possession has been filed with the Court, the clock now begins. It's only a matter of time before the sheriff comes to "kick you out" of your place. As a St. Petersburg Tenant attorney, I have heard these situations happen all too often. However, there may be one last option available to you if you fall into this predicament. As a St. Petersburg Tenant attorney for 3+ years, I can give you a few pointers in how to deal with this precarious situation.
As a St. Petersburg Family law attorney, practicing in the area of Family Law, I have come to learn there are a plethora of areas one must be knowledgeable about in order to provide competent services to your client. Whether it be alimony, child support, divorce, paternity or any other family law matter, it is important to choose someone who is up on current law, as it changes often. In this post, I will focus on marital agreements (Pre-marital) specifically. Looking for a St. Petersburg divorce attorney or St. Petersburg divorce lawyer when seeking assistance with drafting these documents is key to have it done correctly.
We are absolutely delighted at the number of people who have inquired about our $199 document preparation services. As an attorney in St. Petersburg, FL, I know first-hand the struggle a lot of potential litigants have when it comes to finding affordable legal services. I have assisted in the preparation of legal documents at Community Law Program in St. Petersburg, Gulfcoast Legal in Clearwater, and Bay Area legal services in Tampa, FL. Whether you are looking to file a divorce on your own, or looking to have a simple will drafted, we can certainly help. We focus on providing affordable, low cost document preparation services in the St. Petersburg/Clearwater area. We also provide services remotely throughout the state of Florida, so if you are inquiring about us drafting documents from Tallahassee down to Fort Lauderdale, we can help! Our pricing starts at a very low $199 for most legal documents, and lower for some. We are excited to provide an alternative for those who want to take care of their legal issues themselves, but are just looking for a little guidance. What we do suggest, is that you DO NOT hire a document preparation company to prepare your documents. They are not licensed to render legal advice and I can't tell you how many times I have had to fix a host of problems a potential client has brought to me, as a result of consulting with a document preparation company or having them draft their documents. Please feel free to give us a call, or e-mail to see if we can help and maybe we can save you a little bit of money. We also provide free notary services for our clients that are in the surrounding St. Petersburg, FL area.
Lets look at the following question that a potential client in St. Petersburg, FL asked pertaining to a drafted "Marital Settlement Agreement."
More often than not, you will have parties who were divorced or had a paternity issue resolved in the court, look to modify their time-sharing agreement in the state of Florida (St. Petersburg, FL or any other city in this state). In order to do this, you must file what is known as a "Supplemental Petition to Modify Time-sharing/Parenting Plan." From a legal standpoint, in order to have the appropriate legal grounds to prevail in this type of action, you must prove that there has been a "substantial change in circumstances since the execution of the agreement setting time-sharing in the final dissolution judgment." Let's look at one case that clearly demonstrates the courts' opinion on what they do not deem a "legitimate change in circumstances."
As an attorney in St. Petersburg, I often receive calls from tenants in regards to their legal rights and remedies pertaining to specific situations. Unfortunately, there isn't too much case law that directly discusses many issues revolving around Landlord-Tenant law. However, there are statutes that do explain what rights tenants have in precarious situations involving an unreasonable landlord, who is not following the law.