General Divorce (4)
Nick Felzen, a Miami attorney, has contributed the information below regarding the eviction process. If you are being evicted from your home due to the divorce process you should consider contacting an attorney who is familiar with landlord/tenant matters.
HOW TO SERVE
THE NOTICES:The Landlord or Property Manager may either hand the Notice to an adult who lives at the property and is named under the lease OR Post the Notice on the door of the property.
A proper 3 day Notice is crucial to a successful Eviction Action. Make sure to address all adult occupants under the lease in the Notice. Date the Notice on the day that you serve it. Fill in the exact amount of Rent owed. Fill in the expiration day but remember that the Notice does not count the day of delivery and will expire on the 3rd business day which excludes Saturdays, Sundays and Legal Holidays. Remember to fill out the Certificate of Service upon posting the Notice. Copy the Notice and keep the Original in your files. Post the Copy of the Notice on tenant's door.
IF THE TENANT
ATTEMPTS TO PAY:The Tenant has the absolute right to pay you the FULL amount of rent due within the time frame of the 3 business day notice. You must accept the rent if it is offered to you within the 3 day period and if it is a FULL payment offer. If the 3 day time period expires or it’s only a partial payment offer, you can refuse the rent payment offer. Please note that once payment is accepted, landlord may have waived his rights to evict the tenant until the next non-payment period.
CAN THE TENANT FILE BANKRUPTCY AND STOP THE EVICTION:
The Tenant can file a Bankruptcy case at the Bankruptcy Court that automatically stops the Eviction case in its tracks. This postponement or Automatic Stay of the Eviction case will continue until the Landlord’s Attorney files a motion to lift said automatic stay and the Judge gives permission for the Eviction to proceed.
HOW TO PLACE CLAIM ON SECURITY DEPOSIT:
Upon the Tenant’s vacating of the premises for termination of the lease, if the Landlord intends to impose a claim on the Security Deposit, the Landlord shall have 30 days to give the Tenant written Notice by certified mail to the Tenant’s last known mailing address noticing the Tenant of the Landlord’s intention to impose a claim on the deposit.
For more information you can visit Nick Felzen's website at http://miamievictionattorney.com
Posted on Mon, Feb. 15, 2010
Sharing your idea can make it stronger
By NANCY DAHLBERG
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Jerome Poliacoff has this advice for budding entrepreneurs: Don't be so secretive!
It's unlikely others will steal your idea because you are the one with the passion and energy to make it a success. ``If you promote and share your idea, you'll get feedback like `Why would you do it that way?' It makes you think about things differently,'' said Poliacoff, who won the Business Plan Challenge last year and has been sharing, listening and tweaking his model ever since.
The idea behind WeAgree2.com is to provide tailored parenting plans, now mandated by state law, at a lower financial and emotional cost than if divorcing parents had to resort to litigation to decide how their children should be raised.
Contest judges liked Poliacoff's clear mission statement, well-thought-out plan and low launch costs. They were also impressed with the management team: Poliacoff and partner Michael Epstein have more than 50 years in child psychology.
First, Poliacoff and Epstein tested the idea with prototype families and were satisfied the process worked.
Next, Poliacoff sought the help of the University of Miami's Launch Pad, an entrepreneurship career center. Launch Pad helped him obtain bids for a website and find resources for creating logos and mailing materials. Now it is helping him revise and expand his business plan to seek external funding.
``I'm so enthusiastic about the Launch Pad that I must have sent them 20 people to help,'' Poliacoff said.
Getting out and talking about his idea resulted in his meeting Gabriel Bodner, a family law attorney who's also well-versed in all things tech. Bodner launched his own website, MyDivorceLawyer.com, which seeks to offer divorcing couples a lower-priced alternative to costly legal fees.
Now they are partnering to better serve those in need of parenting plans, too. With help from Bodner, Poliacoff tweaked his business model, including adding a streamlined version of his service for people who need less handholding.
As Poliacoff explains it, parents will be able to log on and use templates to create a parenting plan at an affordable set fee that includes a consultation with a child psychologist. If they want further detail or ongoing consultation throughout the parenting plan process, they can opt to choose an enhanced service.
``We liked to think face-to-face service was the way to go, but we are now learning a lot of people want to do a big portion of the process online. So we're moving in that direction,'' Poliacoff said.
His original model depended largely on referrals from divorce lawyers, but he found that many of them wanted to keep that business for themselves. Divorce lawyers are pressed these days because clients want to spend less on divorce in this economy -- or even put it off.
``It used to be funding divorce was easy -- home equity. Now the question is not who gets the house; it's who gets rid of it. This has affected the attorneys in numerous ways,'' Poliacoff said.
Marketing and promotion costs have exceeded Poliacoff's estimates, and he now knows he needs to cast his net wider. He has tried targeted marketing materials, advertising on JustAskBoo -- a runner-up in last year's Business Plan Challenge -- and joining the Collaborative Family Law Institute.
Business is slow but steady, although it's not enough to warrant expanding WeAgree2.com beyond Miami Dade without more funding.
Still, Poliacoff said seeing it come together is rewarding: ``It's no longer just an idea. We were able to pull it all together -- the plan, the marketing, the research, completing the circle.
Why is it that we proudly accept ARAG Legal Insurance? Because we love that all our client's demand great legal services at more affordable prices.
We proudly accept ARAG Legal Insurance for your divorce, custody, child support or other family law matter. If your employer provides ARAG Legal Insurance or you have purchased ARAG legal insurance and you are located in Miami-Dade or Broward County please call us so that we can explain what family law matters are covered by your ARAG legal insurance policy and how we can work with you to accomplish your goals under your ARAG legal insurance policy.
Litigating issues like custody (timesharing), a highly contested divorce and child support can be costly but with ARAG legal insurance you generally pay nothing more than court costs. Even issues outside of your ARAG policy coverage are done at negotiated rates with ARAG Group so that hiring an attorney for issues out side your Legal Insurance plan are still affordable
Call our office today to discuss your issue and how we can help.
So You Made it to the Final Hearing, Now What?
Written by Administrator
What happens at a Final Judgment hearing in a divorce.
When the parties have agreed to the divorce and signed a Marital Settlement Agreement detailing their agreement to be divorced, the attorney can request a hearing in front of a judge to legally end the marriage. This hearing is known as the Final Judgment hearing.
For something that is such a big deal in people's lives, the hearing itself is nothing exciting. Because the parties have agreed to the divorce and have signed an agreement detailing how they will deal with their assets and liabilities, alimony, the marital residence, attorneys fees, child support and what used to be known as custody, the Judge will simply instruct the attorney to ask the client any questions the attorney may have or more commonly the judge will ask questions about the agreement. The process usually lasts around 5-10 minutes and ends with the judge signing the Order making it official that the parties are no longer married.
These hearings usually take place in the mornings on a Monday through Thursday. Each Judge generally chooses just one day to deal with his/her UCD calendar (uncontested divorce calendar). Up to a couple hundered people could be there to get divorced. Clients with attorneys are generally heard first and then people without an attorney (known as pro se litigants) go after all the attorneys. The waiting time with an attorney can be an hour or more and pro se litgants can be there for hours.
Things that you need to bring with you regardless of whether you decide to use an attorney or are pro se are a valid driver's license or voter card showing that you have been a resident of Florida for at least 6 months prior to filing for divorce (if you don't have either then you can bring a witness that can testify to that fact) and $20 in cash as most courts have a Court reporter that charges approximately $15 dollars before you enter the courtroom.