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DIVORCE. POST-DIVORCE MODIFICATIONS. AND RELOCATION
There are basically five types of divorce proceedings: 1) Uncontested; 2) Contested; 3) Settlements at Mediation; 4) Post-Divorce Proceedings; and 5) Relocation with Minor Children. David Allen, with over 30 years of experience in these matters, can represent your interests with skill and compassion.
UNCONTESTED DIVORCE
For couples who resolve all issues between themselves, requiring minimal involvement of attorneys, an uncontested divorce can be achieved in three months or less. These cases are very reasonably priced, and David Allen will prepare all documents and attend the final court hearing to complete the process. A name change can even be included.
CONTESTED DIVORCE
When there is a breakdown of communication between divorcing spouses, or if the parties are unable to agree on complex issues such as child custody (time-sharing), child support, parenting plan, division of property and debts, the marital home (sell or retain), retirement benefits and plans, alimony, and domestic violence, a contested divorce can take eight months or longer depending on the skill of the attorney and cooperation of the parties. Each of these complex issues needs to be decided, starting with the "equitable distribution" of the parties' marital estate (assets, real estate, debts, retirement plans, and possibly non-marital assets such as an inheritance). If the parties cannot reach an agreement on these issues, there will be a trial before a Judge who will hear both sides and render a Final Judgment. David Allen has been very successful in numerous contested divorce trials, obtaining the best possible results for his clients, whether husband or wife, as the case may be.
MEDIATED SETTLEMENT
When husbands and wives begin the emotional process of divorce, and cannot initially agree on complicated issues, the Judge orders them to mediation. A skilled and trained Mediator, who is completely neutral, will assist the parties and attorneys in negotiating an outcome that all can agree upon. Sometimes mediation might only settle certain issues, and a Judge will determine the remaining questions of law and fact (this still saves attorney fees). Mediators often have a high success rate, and a Marital Settlement Agreement can be achieved relieving the parties of the additional expense of trial David Allen is familiar with highly qualified mediators with high success rates, who can keep the emotional and stress levels to a minimum.
POST-DIVORCE PROCEEDINGS
A Final Judgment of Divorce is "the law" between the parties, and any failure to follow the Judge's ruling can be enforced by Contempt of Court, Oftentimes, the offending party must reimburse attorney's fees. Also, if there is a change in circumstances (such as a change in income), alimony can be increased, reduced, or canceled, and child support can be modified up or down. Courts reserve authority to enforce or modify their rulings. Unfavorable results after a divorce trial can be appealed to a higher court to correct errors made by the Trial Judge, David Allen has handled all of these Post-Divorce matters.
RELOCATION WITH MINOR CHILD
A frequent issue governed by Florida Law is when a parent must relocate with a minor child for a legitimate purpose, such as a job opportunity. David Allen can prepare the proper documents to achieve the relocation, and represent you before the Judge if necessary.
FLORIDA LAW/TRIAL RESULTS
Within the Florida Divorce Statute, the laws governing time-sharing with minor children, child support, division of property and debts, alimony, retirement plans, real estate, and issues of "non-marital" property are detailed and complex. David Allen can apply these laws in analyzing every case, and will assume a leadership role in negotiations that may lead to a settlement without the necessity of a trial.
If you must take your case before a Judge, David Allen's 30 years of Family Law experience will be put to use in your best interest!
• SEE FAMILY LAW RESULTS
FAMILY LAW RESULTS
1. David Allen represented the father in a contested custody case involving two teenage
children. The mother, a public school teacher, tries to use unlawfully obtained evidence
against the father. The court excludes the unlawful evidence at attorney Allen's request
and orders custody of the children to the father. Mother ordered to pay child support.
Mother appeals the case to a higher court and loses.
Case featured in Oprah Magazine, September 2006.
2. David Allen represents the father of 14-year-old daughter in a contested custody case
against the mother who is a registered nurse—custody obtained for the father and child
support ordered payable by the mother to the father.
3. Mother stages an interstate child abduction, removing two daughters; from the father.
Children are recovered from the mother who kidnapped the children and hid them from
the father in New York and Texas. Family reunited with the father.
4. Permanent alimony and substantial back alimony awarded to disabled wife after only an
8-year marriage—upheld on appeal. Ninety percent of assets awarded 1o the wife due to
husband's behavior in delaying the divorce trial and hiding money.
5. 1993 permanent alimony award against former husband canceled by the court after
trial—Judge rules former wife no longer entitled to alimony based upon former
husband's loss of income and medical condition. Over $15,000 in back alimony canceled
and all future alimony terminated.
CRIMINAL LAW INFORMATION
DEFENDING AGAINST CRIMINAL CHARGES:
Citizens accused of a crime are under tremendous stress, so the right attorney with vast experience is what you need. David Allen has practiced Criminal Law in Central Florida since 1978! There are numerous options to address criminal charges, including asking the prosecutor not to file formal charges, asking a Judge to dismiss criminal charges, or attending a diversion program that prevents you from setting foot in the courthouse. For more serious offenses where jail is a possibility, there are numerous options to keep you from serving hard time in jail or prison. Furthermore, if you are eligible your criminal record can be sealed or expunged, and the records removed from public view. David Allen has answers to all these questions,
DIFFERENT PHASES OF CRIMINAL PROSECUTION:
There are three basic stages where criminal charges can be overcome, even after arrest!
1) The prosecutor can refuse to file charges based upon the urging of the defense lawyer
under proper circumstances;
2) The court can dismiss criminal charges if the evidence is illegal or inadequate, or a
favorable plea negotiation can be established with the consent of the client; or
3) In the event of a jury trial, you need an attorney with extensive trial experience. David
Allen has handled well over 100 jury trials, from minor misdemeanors to first degree murder
(and everything in between). He has also handled hundreds of Judge trials in the juvenile courts.
• SEE CRIMINAL LAW RESULTS
POST-CONVICTION PROCEEDINGS:
If a person is serving probation, they need to avoid violating probation and hopefully get probation terminated early. David Allen has handled these proceedings hundreds of times, including having probation restored after a violation.
CRIMINAL APPEALS:
For an individual convicted at trial, there is the right of direct appeal if filed within 30 days of sentencing. A higher Court has the power to overturn a wrongful conviction by a direct appeal, or a Motion for Post- Conviction Relief (a second appeal) can be brought and a new trial can be ordered, giving a wrongfully convicted citizen a second chance at freedom. David Allen has successfully won criminal appeals, achieving a new trial for wrongfully convicted citizens.
IMPORTANT ISSUES IN CRIMINAL CASES:
Does my attorney have extensive criminal law experience?
How do I clear my criminal record?
Do I even have a criminal record?
How can I obtain a bond hearing?
How can I settle an outstanding arrest warrant?
Was my arrest and/or search by the police illegal?
What is the difference between misdemeanor and felony charges?
CLIENTS WITH SPECIAL CIRCUMSTANCES:
Certain individuals charged with crimes have circumstances that must be taken into consideration so the best possible result can be achieved. These people are:
Foreign visitors and tourists
Repeat offenders
Minors accused in juvenile court
First-time offenders
College students
David Allen is familiar with programs available for these individuals, and oftentimes cases can be resolved by mail, without a court appearance.
CRIMINAL LAW RESULTS
1. First ever jury trial in 1978 (DUI)—not guilty,
2. Innocent man convicted of Home Invasion Robbery and sentenced to 25 years in prison.
He was represented at trial by another lawyer. He hired David Allen to file an appeal
which resulted in a new trial. Second trial result is a not guilty verdict in 40 minutes—
he's now free after wrongfully serving 5 years in prison,
3. Eighteen-year-old confesses in his own handwriting to Armed Robbery; claims the
detective told him what to write in his confession. The State offers 30 years in prison for
a plea; David Allen convinces the jury the detective actually did tell the Defendant what
to put in his confession—-jury verdict not guilty,
4. Client accused of attacking a woman at Disney World, charged with serious felonies
facing up to a 16-year sentence—-jury acquits clients of felonies and finds 1 misdemeanor
count. Expert witnesses (2 doctors) claiming woman had permanent injury and
disfigurement discredited.
Case featured on Court TV for 6 hours of broadcast.
5. Client facing 25-year minimum mandatory prison sentence for Trafficking in heroin—
plea negotiated to straight probation and probation is terminated early.
6. Young man charged with attempted 1st Degree Murder after a drive-by shooting in a
busy intersection (minimum 20 years to life). Attorney's investigation discovers physical
evidence including bullets in the client's vehicle that disproved the "victim's"
testimony—jury verdict not guilty.
7. Client charged with 1st Degree Premeditated Murder, facing death penalty—admitting
wrapping pillow around pistol and shooting wife to death. Jury convicts of 2nd Degree
Murder only—client's life spared from lethal injection.
8. Young adult charged with Attempted Murder of motorcycle police officer by trying to run him over with a car (25-year mandatory prison on conviction). Officer identifies client as the driver. Defense investigation discovers witnesses aid makes video reenactment of the crime—client found not guilty.
9. Airline pilot charged with DUI, breathalyzer results 0.16. Investigation proves that his
blood-alcohol level could not be that high based upon the evidence—charges reduced.
10. Another airline pilot accused of Stalking his girlfriend and Burglary to her home—
domestic violence injunction dismissed against him, and criminal trial verdict finds him
not guilty of burglary (saving his pilot's license).
11. Legislative assistant charged with Theft of funds from the office account of a Florida
state representative while on the job—jury verdict not guilty.
12. Two-hundred-fifty pound boyfriend stabs 120-pound girlfriend with a knife inside her
vehicle—jury verdict not guilty (self-defense).
13. Juvenile facing over 100 years in adult prison on a Violation of Probation—sentenced
as a youthful offender and released from that program within 18 months'.
14. Young man accused of shooting innocent victim in apartment complex "positively"
identified by the victim. Attorney establishes his alibi proving he was elsewhere at the
time of the crime—not guilty verdict (minimum 20 years to life).
15. Client charged with Child Abuse due to alleged serious injuries inflicted upon a child—
charges reduced to negligence and client receives straight probation.
16. Acting pastor of a church (regularly leading services every Sunday) accused of Rape by a
church member—jury verdict not guilty.
17. Senior engineer charged with Capital Child Molestation (facing life in prison). Client
follows attorney's advice, obtains appropriate counseling and negotiates a plea bargain to
straight probation—no jail or prison.
18. Client arrested out of state because of DNA Database identification for being involved in a sex crime. At trial, the State's DNA expert explains how Defendant's DNA was
matched to him. Cross-examination reveals DNA likely placed at scene by innocent
actions of the client—jury verdict not guilty.
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