By admin on January 18, 2012
Divorce can often be a long and expense process for both the parties involved. One way to help reduce the costs of dissolving of a marriage is to file an uncontested divorce. An uncontested divorce will be a much quicker and cheaper process than a contested divorce. However, an uncontested divorce may not be ideal every divorce. Therefore, if you are considering filing for an uncontested divorce you should speak with a Tampa divorce lawyer before taking any legal action. A Tampa divorce lawyer can help identify the possible advantages and disadvantages to filing for an uncontested divorce in Florida.
The primary benefit to filing an uncontested divorce is the cost savings. An uncontested divorce should save money on Tampa divorce attorney fees and court filings costs. An uncontested divorce requires less court motions and fewer court appearances by Tampa divorce lawyers. The reduced time spent by Tampa divorce lawyers will reduce the amount of hours billed to clients for legal work. Most Tampa divorce lawyers will charge at least $250 per hour; therefore, any reduction in the workload of your Tampa divorce lawyer can yield significant savings.
Under Florida divorce law, if both parties agree to the uncontested divorce, or if one party fails to make an appearance in court an uncontested divorce may be granted by a Florida Family Law Court. However, if one of the parties to the divorce does not consent to the uncontested divorce and submits the necessary court filings an uncontested divorce will not be granted. Most divorce cases involve disputes over property, child custody, alimony and other contentious issues. Only couples that have no disagreements regarding the terms of the dissolution of marriage may file for an uncontested divorce.
The process of filing for an uncontested divorce is very similar to filing for a contested divorce. Similar to a contested divorce, an uncontested dissolution of marriage officially begins when one spouse files for dissolution of marriage with the Florida Family Law Court. In most uncontested divorce petitions the couple’s property and child custody agreement will be submitted with the divorce petition.
Filing for a divorce can have serious legal consequences for the parties involved. Couples with children or disputed property arrangements, or other potential disagreements should carefully evaluate their situation before filing for an uncontested divorce. If the couple cannot agree on the terms of the divorce an uncontested divorce may not be a legally sound decision. If you are contemplating filing for a divorce you should contact a Tampa divorce attorney in your area for more information.
Posted in Divorce Law | Tagged Florida Divorce Law, Florida Family Law, Tampa Divorce Attorney, Tampa Divorce Lawyer, Tampa Divorce Lawyers
By admin on January 16, 2012
Legal immigration in the United States is a highly regulated system controlled by federal immigration law. Immigration law is very complex and constantly changing. Persons seeking legal immigration into the United States will need to have a thorough understanding of current immigration law. If you are seeking legal entry into the United States it is recommended that you consult a Tampa immigration lawyer for legal advice. A Tampa immigration attorney can help explain the law and prepare a strategy for legal entry into the United States.
Generally, a foreign national only has three ways to live in the U.S. legally. A non U.S. citizen can enter the U.S. legally as a family-based immigrant, employment based immigrant, or as a refugee. There are a few other ways to enter the U.S. legally, but these three are the most prominent means.
To qualify as a family-based immigrant, applicants must have a close family member who is either a U.S. citizen or permanent resident sponsor the application. The familial relationship must be one which is valid under current immigration law. For instance, U.S. citizens may be permitted to sponsor their parents, spouse, siblings and children; however, they will not be eligible to sponsor their cousins or other distant relatives. Furthermore, the family member sponsoring the application must produce an annual income at least 25% above the poverty line.
A foreign born individual may also enter the U.S. and become a permanent resident through employment-based immigration. In employment-based immigration a U.S. employer petitions for the foreign born individual to enter the United States, rather than a close family member. Generally, in employment-based immigration petitions the employer must prove to the Department of Labor that there are no qualified U.S. workers available for the job. Often the Department of Labor can be very demanding and employers will need the aid of a Tampa immigration lawyer.
Individuals living outside the United States may also obtain entry into the U.S. as a refugee. Under current immigration law, petitioners are required to prove there is a well-founded fear of persecution in order to qualify as a refugee. A Tampa immigration attorney can argue his client’s fear of prosecution is based on either: race, religion, political affiliation or national origin.
For more information on legal immigration into the United States contact a Tampa immigration attorney in your area. A Tampa immigration lawyer can evaluate your status and help determine your eligibility. If you are eligible, an immigration attorney can help prepare your petition and navigate it through the application process.
Posted in Immigration Law | Tagged Immigration Attorney, Immigration Law, Immigration Lawyer, Tampa Immigration Attorney, Tampa Immigration Lawyer
By admin on January 12, 2012
If you are overwhelmed with debt filing for Chapter 13 bankruptcy may provide some relief. Chapter 13 allows a debtor to restructure his debt, which can significantly improve a debtor’s financial position. However, not every debtor is eligible for a Chapter 13 bankruptcy. Therefore, debtors considering filing for bankruptcy should first meet with a Tampa bankruptcy attorney for legal advice. A Tampa bankruptcy lawyer can help explain the legal requirements and prepare the bankruptcy petition on your behalf.
Bankruptcy law requires Chapter 13 petitioners to file a satisfactory payment plan with the court. A Chapter 13 payment plan should describe in detail how the income the borrower receives will be used to pay off the debts owed. In most cases, the payment plan must be designed to pay off the debts included in the bankruptcy within 3 to 5 years. Once the payment plan is confirmed by the court it will bind the debtor and each creditor included in the bankruptcy. Therefore, a debtor should always seek the aid of a Tampa bankruptcy attorney when submitting a payment plan. An unsatisfactory payment plan can cause delays and unnecessary hardship for a debtor. Furthermore, a Tampa bankruptcy lawyer can help prevent a debtor from filing a payment plan that is too burdensome. If the debtor fails to make all of the payments scheduled in the payment plan the court may convert the Chapter 13 to a Chapter 7 liquidation bankruptcy.
Bankruptcy law also requires applicants to not have debts, which exceed the statutorily limit. Under current bankruptcy law, Chapter 13 applicants must owe less than $1,010,650 in secured debts and less than $336,900 in unsecured debts. A secured debt is one where a lender “secures” the loan by your assurance that the lender is allowed to take a specific item of property if the debt is not paid. On the other hand, an unsecured debt is one where a lender does not have the authority to take a particular item of property if the debt is not paid.
Satisfying the payment plan and debt threshold does not guarantee eligibility for Chapter 13. There are many instances in which a debtor will be precluded from filing for Chapter 13 even if both the requirements above are met. However, if a debtor is ineligible for Chapter 13 he may still be eligible for Chapter 7 or Chapter 11 bankruptcy. For more information on the requirements for bankruptcy eligibility contact a Tampa bankruptcy attorney in your area. A Tampa bankruptcy lawyer should be able to help determine your eligibility for bankruptcy.
Posted in Bankruptcy Law | Tagged Bankruptcy Law, Chapter 13 Bankruptcy, Tampa Bankruptcy Attorney, Tampa Bankruptcy Lawyer
By admin on January 10, 2012
Driving while under the influence of alcohol or a controlled substance is never a good decision. Driving while intoxicated can cause property damage and even result in the death of innocent people. Drivers operating a vehicle while under the influence of alcohol can have slow reaction times and impaired driving abilities. To help deter drivers from operating a vehicle while intoxicated Florida DUI law imposes strict penalties for drunk driving. The possible penalties for drunk driving include: imprisonment, fines, ignition interlock installation, vehicle impoundment and revocation of the driver’s license. If you have been arrested for a DUI you should contact a Tampa DUI attorney right away. A Tampa DUI lawyer can counsel you on the possible penalties that may be imposed if you are found guilty and plan a legal strategy to help defend against the charges.
Under Florida DUI law, a court is authorized to impose fines on a driver convicted of a DUI. The fine imposed for a DUI conviction will vary based on the circumstances of the arrest. For instance, a driver with previous DUI convictions may face a stiffer fine than a driver with no previous DUI convictions. In addition, evidence of property damage or personal injury could increase the fine imposed on a driver convicted of a DUI in Florida.
The fine for a defendant with no previous DUI convictions will typically be between $500 and $1,000. However, if there was a minor in the vehicle at the time of the arrest or if the driver had a blood alcohol level of .15 or higher the penalty will be between $1,000 and $2,000.
On the other hand, if the driver has one prior DUI conviction the penalty will be between $1,000 and $2,000. However, if there was a minor in the vehicle at the time of the arrest or if the blood alcohol level of the defendant was .15 or higher the fine will be between $2,000 and $4,000. If it was the driver’s third conviction of a DUI the fine will be between $2,000 and $4,000. If during the third DUI arrest the driver had a child under 18 in the vehicle or a blood alcohol level of .15 or higher the fine will be no less $4,000. For the fourth or any subsequent DUI convictions the fine will be no less than $2,000, regardless of the circumstances of the arrest.
For more information on Florid DUI law contact a Tampa DUI attorney in your area. A Tampa DUI lawyer can explain the law in detail and provide a legal strategy to help mitigate the consequences of your arrest.
Posted in DUI Law | Tagged Florida DUI Law, Tampa DUI Attorney, Tampa DUI Lawyer
By admin on January 8, 2012
Divorce can be a very challenging and stressful time for all the parties involved. There are many important issues, which must be addressed when dissolving a marital relationship. Typically, one of the most contentious aspects of a divorce is the alimony agreement. Alimony, which is also frequently referred to as maintenance or spousal support is payment from one ex-spouse to the other. A Florida Family Law Court may only award alimony payments when it is well-founded. However, a judge does have some discretion in determining when the need for alimony payments is well-founded. Therefore, it is important to hire an experienced Tampa divorce attorney to protect your right to alimony payments. On the other hand, a Tampa divorce lawyer can also help persuade the court that alimony payments should not be required.
Under Florida divorce law, a court is not required to award or deny alimony payments under any particular set of facts or circumstances. If your Tampa divorce lawyer can persuade the court that alimony is appropriate it will likely be awarded by the court. In most circumstances the judge will consider factors such as the standard of living during the marriage, length of the marriage, and the assets available to each spouse.
If alimony is awarded, the alimony payments should be an amount sufficient to provide maintenance to the ex-spouse. The judge will often consider the cost of food, shelter, clothing, transportation, and other household expenses of the ex-spouse when determining the amount of alimony to be awarded. In most cases, alimony payments are required to be made on a monthly basis.
Adultery will typically not be a factor in a court’s determination of alimony. Most courts will base an alimony award primarily on the spouse’s need for alimony and the other spouse’s ability to pay the alimony. Most courts will only consider adultery when the adultery has caused a financial detriment to the marital estate. Therefore, a Tampa divorce attorney seeking an alimony award based on adultery will need to show that the adultery caused a depletion of marital assets. A Tampa divorce lawyer can accomplish this by providing evidence that the adulterous spouse spent marital assets in committing the adultery.
The factors described above are not exhaustive, there are many other facts and circumstances a Florida family law court may consider when awarding alimony. For more information on Florida divorce law should contact a Tampa divorce lawyer in your area. A Tampa divorce lawyer can review the circumstances of your divorce and provide you with sound legal advice.
Posted in Divorce Law | Tagged Florida Divorce Law, Florida Family Law, Tampa Divorce Attorney, Tampa Divorce Lawyer
By admin on December 27, 2011
Immigration law can be very complex and difficult to navigate. It is highly recommended that all foreign nationals seeking residency in the United States consult a Tampa immigration lawyer for legal advice. If a foreign national fails to follow the strict requirements of the law his residency will be considered illegal. Illegal entry into the Unites States can result in large fines and even incarceration. A Tampa immigration attorney can advise his client on the applicable immigration laws and help ensure his client satisfies the requirements of the law.
There are multiple ways in which a foreign national can obtain legal residency in the United States. A foreign national can gain legal entry into the U.S. legally as a family based immigrant, employment based immigrant, or through an investment in the United States. Each mode of entry has its own requirements and procedures which must be satisfied. Applicants should consult a Tampa immigration attorney to determine which mode is best suited for their situation
Every year thousands of legal immigrants in the United States apply for visas to have their fiancé, spouse or other family members join them in America. The family based visa application process can be very difficult and stressful for applicants. The vast majority of family visa applications are rejected due to either ineligibility or incomplete applications. Therefore, it is important to ensure you meet all the eligibility requirements and complete all necessary paperwork before applying for a family based visa.
Generally there are three things an applicant must satisfy to be eligible for a family based visa. First, the applicant must be an approved relative under current immigration law. Under current immigration law parents, fiancés, children, adult brothers and sisters of the applicant are all eligible for a family visa. Next, the applicant must verify he is a naturalized citizen or legal resident of the United States. Lastly, the applicant must prove he is able to financially support the family member he is seeking to obtain a visa for. Proving that the applicant has the financial resources to support their family member can be challenging. The U.S. Citizenship and Immigration Services Department can often be very demanding and require a substantial amount of documentation.
The requirements for a family based visa are very challenging. However, a Tampa immigration attorney can help you navigate through the process. For more information on sponsoring a family member for immigration into the U.S. contact a Tampa immigration lawyer in your area.
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Posted in Immigration Law | Tagged Immigration Law, Immigration Lawyer, Tampa Immigration Attorney, Tampa Immigration Lawyer
By admin on December 22, 2011
If you are overwhelmed with debt filing for bankruptcy may provide some relief. Bankruptcy can allow a debtor to restructure his debt and regain financial health. Typically, there are two types of bankruptcy available to a debtor, Chapter 7 and Chapter 13. The requirements and benefits offered by the two types of bankruptcy differ greatly. Therefore, anyone considering filing for bankruptcy should consult a Tampa bankruptcy lawyer. A seasoned Tampa bankruptcy attorney can provide legal advice and help navigate a bankruptcy petition through the court system.
Chapter 13 is considered a restructuring bankruptcy because the debtor continues to make payments to their creditors according to a court approved payment plan. The payment plan outlines how the income the borrower receives will be used to pay off the debts owed. Once the payment plan is confirmed by the court it will bind the debtor and each creditor included in the bankruptcy. A debtor should always seek the aid of a Tampa bankruptcy attorney when submitting a payment plan. An unsatisfactory payment plan can cause delays and unnecessary hardship for a debtor.
The Chapter 13 debtor bears the burden of proving his ability to make the payments scheduled in the payment plan. The borrower must provide the court with documentation identifying a stable source of income, which is sufficient to make the proposed payments.
In most cases, the debtor must begin making the payments outlined in the Chapter 13 payment plan within 30 days of filing the plan. The debtor sends the payments to the bankruptcy trustee and the then trustee disburses the payments to the creditors. The trustee is required to disburse the funds to the creditors according the approved Chapter 13 payment plan. An experienced Tampa Bankruptcy Lawyer should be in constant communication with the trustee to ensure all disbursements are made according to the payment plan.
A Chapter 13 payment plan may be accepted or rejected by a creditor included in bankruptcy proceedings. In addition, a “party of interest” may also object to the Chapter 13 payment plan. A “party of interest” is one who the court determines is likely to be affected by the borrower’s Chapter 13 payment plan. Generally, a payment plan must provide for payments that will pay the balance owed in full within three years; however, a court does have discretion to increase the period to 5 years.
Bankruptcy law can be very confusing and intimidating. If you are considering seeking bankruptcy protection you should contact an experienced Tampa bankruptcy attorney for legal advice. A Tampa bankruptcy lawyer can answer your questions and provide you with sound legal advice.
Posted in Bankruptcy Law | Tagged Bankruptcy Law, Chapter 13 Bankruptcy, Tampa Bankruptcy Attorney, Tampa Bankruptcy Lawyer
By admin on December 17, 2011
Driving while under the influence of alcohol is never a good decision. Driving while intoxicated can endanger your life and the safety of others. However, despite the dangers of driving while intoxicated thousands of people continue to do it every day. In an effort to curb drunk driving Florida has recently enacted a series of rigid DUI laws. If you have been arrested for a DUI you should contact a Tampa DUI attorney as soon as possible. A Tampa DUI lawyer can provide legal counsel and help defend the charges against you.
The penalties for drunk driving under Florida DUI law will vary based on the circumstances of the arrest. For instance, if the driver has previous DUI convictions the punishment may be more severe than if he was a first time DUI offender. The penalties for a drunk driving conviction can include imprisonment, fine, ignition interlock installation, vehicle impoundment and revocation of the driver’s license.
Under Florida DUI law, a driver can be charged with either a misdemeanor or felony offense. Both felony and misdemeanor convictions can have serious repercussions for the driver. A driver facing DUI charges should always seek the aid of a Tampa DUI lawyer, regardless if he is facing a misdemeanor or felony DUI charge.
In many misdemeanor cases with first time DUI offenders the possible sentence will vary based on the drivers blood alcohol level. If the driver had a blood alcohol level of .15 or higher the court can sentence the driver to up to 9 months in prison. On the other hand, if the driver had a blood alcohol level between 08 – .15 the prison sentence will not exceed 6 months. However, under Florida DUI law if the driver had a blood alcohol level between .08 – .15, with a minor in the vehicle the sentence can be up to 9 months.
If the driver has a previous DUI conviction the penalties imposed under Florida DUI law will intensify. For instance, if the driver had a blood alcohol level of .15 or higher during his second arrest he could be sentenced to a12 month incarceration. Moreover, if the driver has two or more prior DUI convictions he may be charged with a felony DUI. Both felony and misdemeanor convictions can result in serious consequences for the driver. However, the penalties enforced under felony convictions are much harsher than misdemeanor convictions.
If you have been arrested for a DUI you should contact a Tampa DUI lawyer for legal advice right away. A seasoned Tampa DUI attorney may be able to help, regardless if you have prior DUI arrests or you are a first time offender.
Posted in DUI Law | Tagged Florida DUI Law, Tampa DUI Attorney, Tampa DUI Lawyer
By admin on December 14, 2011
Divorce can be a very challenging and stressful time for everyone involved. A divorce brings about many changes and disputes, which will need to be resolved. For instance, dissolving a marriage may require a couple to divide the assets they have spent years trying to obtain. Most often, property distribution in divorce is a very contentious issue, with each party wanting to give as little as possible to their soon to be ex-spouse. If a couple is unable to settle on the terms of the property distribution, a Florida family law court will step in and resolve the differences. Property distribution is a very complex area of family law and can be difficult to master without years of legal experience. Therefore, if a divorce is imminent you should contact an experienced Tampa divorce lawyer for legal assistance. A Tampa divorce attorney can advise you on the law and plan a legal strategy to protect your interests from the divorce.
Florida divorce law requires a Florida family law court to divide the marital assets on an equitable basis. The exact distribution of assets will depend on the circumstances of each particular case. However, a Florida family law court is required to premise the distribution of marital assets on an equal split, unless there is justification for an unequal distribution based on the circumstances. Often, the Tampa divorce lawyers employed in the divorce will try and persuade the court to divide the marital assets according to their client’s position, rather than just a 50/50 split.
Martial assets are assets which were acquired during the marriage, regardless if the asset was acquired individually or jointly. For instance, an interspousal gift during the marriage would be deemed a marital asset under Florida divorce law. Also, all vested and nonvested benefits accrued during the marriage in retirement, pension, profit sharing, deferred compensation, and insurance plans will also be deemed marital assets under Florida divorce law. In addition, any increase in value of non-martial assets resulting from the efforts of either spouse may be deemed a marital asset under Florida divorce law. Furthermore, all real estate held by the parties as tenants by the entireties acquired during or prior to the marriage will be presumed by the court to be a marital asset. However, a Tampa divorce lawyer can defeat the presumption with sufficient evidence showing the real estate is not a marital asset.
For more information on distribution of marital assets contact a Tampa divorce lawyer in your area. ATampa divorce attorney can help explain the law in detail and advise you how a Florida family law court might distribute your property in a divorce proceeding.
Posted in Divorce Law | Tagged Florida Divorce Law, Florida Family Law, Tampa Divorce Attorney, Tampa Divorce Lawyer, Tampa Divorce Lawyers
By admin on December 10, 2011
A foreign national has many different ways to obtain legal residency in the United States. Under current immigration law, a foreign national can legally enter the U.S. as a family-based immigrant, employment-based immigrant, economic investment in the United States, or through the diversity visa program. Each method of legal entry has its own set of requirements and demands a complete understanding of applicable immigration law. Legal immigration in the United States is a complex, highly regulated system controlled by federal immigration law. If you have questions about the law or need assistance with obtaining legal entry into the U.S. you should hire a Tampa immigration attorney.
If you are a foreign national looking to enter the United States legally and gain employment applying for a H1B visa may be a good solution. The H1B visa grants entry to the United States for the purpose of working with a U.S. employer. The visa may last for a duration of up to six years. Furthermore, the visa may also entitle your spouse and children to reside in the United States for the same amount of time under an H-4 visa. The H1B visa application process could be very challenging to most applicants. Therefore, H1B visa petitioners should always seek help from an experienced Tampa immigration lawyer. A Tampa immigration attorney can explain the program’s legal requirements and help navigate the petition throughout the application process.
Federal immigration law imposes rigid eligibility requirements for H1B visa applicants. In order to be eligible for the visa program applicants must be qualified for a specialty occupation. A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge. Some examples of a specialty occupation include: accountant, scientist, lawyer, architect, engineer, and computer analyst. In order to be deemed qualified for a specialty occupation an applicant typically must have at least a four-year college degree. However, a Tampa immigration attorney may be able to get an applicant without a four-year college education approved for a H1B visa. Under current immigration law, an applicant may be eligible with a combination of college course work plus three years work experience for each year of education needed to complete the degree.
For more information on the requirements of the H1B visa program contact a Tampa immigration lawyer in your area. A Tampa immigration attorney can explain the law in detail and help determine your eligibility status. If you are eligible, the Tampa immigration attorney can help prepare your petition and facilitate the application process on your behalf.
Posted in Immigration Law | Tagged Immigration Law, Immigration Lawyer, Tampa Immigration Attorney, Tampa Immigration Lawyer
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