Monday, April 29, 2013

Tampa Divorces

Mr. Sanchez represents clients in family law matters including child custody, divorce, child support, alimony, relocation,  Post Judgment Modification, Contempt, Enforcement, Mediation, Equitable Distribution, Parenting Plan, Time-Sharing, Paternity.  He understands that going through a divorce can be a very stressful and difficult time in a person's life.  Divorce and other family law issues often cause uncertainty as well as doubt for the future.  There is no need to go through this process alone.  Mr. Sanchez also recognizes that each family is unique and requires an experienced family law attorney to develop a plan toward achieving the best resolution for you and your family.

Nilo Sanchez & Associates PA has over 19 years experience as a Tampa divorce lawyer.  If  you are considering hiring an attorney, it is important to hire an attorney whose specialty is family law to to represent you.  Mr. Sanchez is an AVVO rated Tampa Divorce lawyer believes that nothing is more important that your family.  There are many divorce lawyers in Tampa to chose from and finding one who strives to provide individualized and caring representation for your Family Law needs can be crucial to obtaining favorable long term results.  Mr. Sanchez has a proven track record in all areas of Family Law in Tampa Bay and is committed to creating legal strategies that are results-oriented with goals to assist you in making choices that will ultimately be in the best interest of your loved ones.

If you have worked toward building a successful business, professional practice or acquiring high net assets, the divorce process can unsettle your business and threaten the wealth that you have worked so hard to accumulate.  At the law offices of Attorney Nilo Sanchez, Jr. PA, we understand the complications involved in a divorce involving a complex marital estate  and high net worth.  We know that you did not spend your life building a high net worth only to leave it dwindled away in contentious or unnecessary litigation.

For further information, please feel free to call our office at 813-879-4600 to schedule a consultation to discuss your family law matters.

Tuesday, April 23, 2013

Tampa Child Custody Attorney

Top AVVO Rated Child Custody lawyer Nilo Sanchez & Associates in Tampa understands that child custody cases can often be very emotional and complex. Hiring a child custody lawyer in Tampa to ensure that time-sharing, visitation, child custody and child support are handled appropriately is important.  Mr. Sanchez has 20 years experience handling child custody cases in the Tampa bay area, therefore, you can be confident that you are hiring a Top AVVO Rated Tampa family lawyer who is experienced in this particular area.  We will do our very best to ensure that you are receiving the best assistance for your child custody case.
If you need an experienced divorce or family lawyer in Tampa who will handle your child custody case, Attorney Nilo Sanchez has the extensive experience that you require.  Mr. Sanchez can litigate matters such as time-sharing and visitation, child support, modification of divorce orders including relocation of the children as well as paternity and other family law issues.
Tampa Attorney Nilo Sanchez is a Top AVVO Rated divorce lawyer located in Tampa, Florida who will provide resolutions that are in the best interest of all parties involved. Protecting your parental rights while insuring that the children’s best interests are at the forefront takes a seasoned Tampa child custody lawyer and one that understands the complexity of some child custody cases. We know that when parents are dealing with child custody and divorce it is often times a very emotionally charged time. Child custody lawyers in Tampa bay who represent clients who are divorcing and need assistance with time sharing, visitation and even modifications of child custody orders should be experienced in litigating child custody and be family law specialists. Nilo Sanchez & Associates is a compassionate yet aggressive child custody and divorce lawyer in Tampa who you can depend upon for all of your family law needs.

Monday, April 22, 2013

Mediation in Florida

The information below explains the process of mediation and how it is often required for contested divorce issues such as child custody, alimony, child support and other like matters.

Mediation is a process whereby the parties are given the opportunity to resolve their case without the need of litigating their issues before the court in a contested hearing. In some circumstances, the parties are able to resolve their case in full or in part by entering into a binding settlement agreement.  The courts typically require the parties to attend me mediation prior to allowing the parties the opportunity of bringing a contested issue before the court for resolution. 

The mediator is typically an individual who is court certified as a mediator and/or an attorney who is familiar with family law matters. The mediator does not have the authority to make any rulings or determinations for the parties concerning the case. However, the mediator controls the mediation process and the mediator attempts to facilitate the parties with reaching an agreement. The mediator is not permitted to offer either party any form of legal advice. The parties usually attend the mediation with their attorneys who are there to advise their respective clients on the law concerning their issues.

With limited exceptions, the matters discussed and addressed during mediation are confidential and cannot be used against either party in court. As such, the parties are generally encouraged to engage in open and free co communication in an effort to obtain an agreement. Often times if an agreement is reached, the mediator, with the assistance and guidance of the parties’ attorneys, drafts an agreement that is signed by the parties’ at mediation. The mediation agreement is then filed with the court and an Order is entered by the court that approves and incorporates the parties’ mediation agreement. 

If successful, mediation can and often results in the parties’ saving significant dollars in attorney's fees and costs. Mediation affords the parties the opportunity to be creative with the resolution of their case and allows the parties to achieve certainty of the outcome as opposed to placing the decision-making authority with the court.

Equitable Distribution

Equitable Distribution

One issue that is present in divorce cases in Florida pertains to the distribution of assets and debts between husband and wife. The distribution of assets and debts in a divorce case in Florida is commonly referred to as Equitable Distribution.

The Equitable Distribution of assets and debts in Florida is governed by Florida Statute 61.0075. Pursuant to this statute, the Florida Court is required to set apart to each spouse that spouses’s non-marital assets and liabilities . In distributing the marital assets and liabilities between the parties (husband and wife), the court must begin with the premise that the distribution should be equal between the parties, unless there is justification for an unequal distribution based upon relevant factors.

Assets and liabilities that are not subject to distribution between the parties are non-marital assets and non-marital and liabilities. Non-marital assets and non-marital liabilities include:

1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;

2. Assets acquired separately by either party by non-interspousal gift, inheritance, and assets acquired in exchange for such assets;

3. All income derived from non-marital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital assets.

4. Assets and liabilities excluded as marital by a valid agreement between the parties.

5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a non-marital liability only of the party having committed the forgery.

The cut-off date for determining assets and liabilities to be identified or classified as a marital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for divorce. 

The date for determining value of assets and the amount of liabilities classified as marital is the date or dates as the judge determines is just and equitable under the circumstances. The Court can value different assets by using different dates. 

In general, all assets acquired and liabilities incurred by either spouse after the date of marriage and that are not otherwise classified as non-marital, are presumed to be marital assets and liabilities, subject to distribution between the parties by the Court.