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Practice Areas

Child Custody

Nov 12th, 2011
by Mark Dubose.
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As a child custody attorney practicing in Gainesville Florida, both J. Mark Dubose and Gil Alba understand the care and tact required to properly handle child custody cases. Clients concerned with protecting their children deserve sound legal advice during the emotionally trying experience of divorce. What is in the best interest of the child is the most important aspect to remember.

Child Custody Laws

Historically, the courts have, as a practical matter, favored mothers during child custody proceedings, often granting child custody exclusively to mothers. However, in recent years there has been a trend to equalize parental responsibility and child custody. In accordance with this trend, the Florida State Legislature has altered the state laws, pertaining to child custody, in the following ways:

  • The terms Primary Residential Parent and Secondary Residential Parent or Custodial and  Non-custodial will no longer be used. Both mother and father are simply referred to as Parent
  • The term Joint Custody is now referred to as Shared Parental Responsibility
  • Sole Custody will now be referred to as Sole Parental Responsibility
  • Comprehensive Parenting Plans must be developed
  • The term visitation is no longer used but has been replaced with Time-Sharing

An additional law to consider is The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Enacted in 1997 it ensures custody rulings, determined by the child’s home state, are respected and adhered to across all jurisdictions. The UCCJEA was also designed to deter interstate parental kidnappings. (more…)

Paternity

Nov 12th, 2011
by Mark Dubose.
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Gainesville Paternity Attorney

As a skilled paternity attorney serving Gainesville, Florida, both J. Mark Dubose and Gil Alba are familiar with the emotional strain and legal ramifications of paternity suits. The Law Office of Alba & Dubose P.A. is sensitive to the rights of both parents and understands the importance of paternity on child custody, time-sharing and child support. Our practice believes that healthy parental relationships are vital to your child’s development. Establishing paternity is the first step.

What is Paternity?

Paternity is the legal recognition of a parental relationship between a man and a child. By acknowledging paternity, the man assumes all parental responsibilities and duties. In Florida, as in most states, paternity is not automatically assigned at birth. A child born out of wedlock does not have a legal father until paternity is properly established. Even if a father’s name appears on the birth certificate. Alternatively, if a child is born to a wed mother, her husband is the presumed father.

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Appeals

Nov 11th, 2011
by Mark Dubose.
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The veteran appellate attorneys of the Law Office of Alba & Dubose, P.A. serving Gainesville, Florida, employ over thirty years of combined experience to represent their clients during the appeals process. The Law Office of Alba & Dubose P.A. is proud to offer appellate services and fully embraces the task of assisting you on traveling the often arduous and detailed path to obtaining justice.

What is an appeal?

An appeal is a written request, made to a higher court, to modify or reverse a trial judgment.  Submitted by the aggrieved party, appeals have a time limit and must be filed within that time limit or be barred. Unlike the original trial, an appellate court reviews the processes and procedures used by the lower court, not the facts, to determine if an error was made. In the event an error is discovered that could have affected the outcome of the case, the court may dismiss the judgment and rule for a new trial, reverse the judgment and rule in favor of the aggrieved party, or modify the judgment and remand for further proceedings

Requirements for an appeal

In order for an appeal to be filed, it must meet the following requirements.

  1. Finality: The decision must be final in most instances. Often courts will grant or deny requests or motions during the course of a trial. These decisions are not considered final in most cases, as they do not conclude the case. Only a final decision is normally appealable.
  2. Timeliness: In most cases, an appeal must be filed within 30 days of the final judgment. After that window expires, the appeal request will not be accepted.

Appellate Lawyers

When filing an appeal it is vital to obtain legal advice from a skilled and knowledgeable appellate attorney. Frequently, clients mistakenly appoint their trial lawyer to handle the appeal, assuming they best know the case. In fact, trial and appellate attorneys possess unique skill-sets specialized for their practice. For instance, trial lawyers rely on strong oral advocacy and charisma to present facts to a jury. Conversely, appellate lawyers utilize written arguments to present a detailed analysis of the theories of law and trial testimony. Hiring appellate counsel will provide a new perspective to the case and afford a better suited set of skills. Even most good trial attorneys know that they should let an experienced appellate attorney handle an appeal.

When seeking an appellate attorney, clients should consider their ability to:

  • Perceive legal issues from a judge’s perspective
  • Effectively communicate through persuasive writing
  • Argue complex legal and factual material
  • Understand the complex rules governing the appeals process (more…)

Visitation

Nov 11th, 2011
by Mark Dubose.
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Gainesville Visitation Attorney

As practicing attorneys serving Gainesville, Florida, both Gil Alba and J. Mark Dubose handle visitation or what is now know as timesharing issues. Mr. Alba and Mr. Dubose identify with the emotional strain and complex choices associated with setting a timesharing schedule. The Law Office of Alba & Dubose P.A. strives to simplify this process and provide its clients with a clear workable time-sharing schedule that allows you as a parent to enjoy time with your child.

What is a Visitation Schedule?

A visitation or time-sharing schedule outlines when each parent will spend time with their child. It specifically dictates how weekends, holidays, birthdays and special occasions will be shared. Generally speaking, all parents have the right to spend time with their children. (more…)

Child Support

Nov 11th, 2011
by Mark Dubose.
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Gainesville Child Support Attorney

Our experienced child support attorneys serving Gainesville Florida, Gil Alba and J. Mark Dubose recognize the financial strain and emotional hardship associated with child support issues. With this in mind, The Law Office of Alba & Dubose P.A. strives to provide its clients with a clear and complete understanding of the child support process. From filing the proper pleadings, to drafting the order and collecting payments, we will guide you through each step of your individual case.

How is child support calculated?

Child support is calculated through examination of the parent’s finances and consideration of what is in the child’s best interest.

Florida courts will structure a child support order based on the Florida child support guidelines outlined by the state legislature. These guidelines use the net income of both parents, the number of children involved and the children’s health insurance and childcare costs. Net income is defined as gross income minus allowable deductions and includes any bonuses, benefits, etc.

Allowable deductions include:

  • Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.
  • Federal insurance contributions or self-employment tax.
  • Mandatory union dues.
  • Mandatory retirement payments.
  • Health insurance payments, excluding payments for coverage of the minor child.
  • Court-ordered support for other children which is actually paid.
  • Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

Additionally, courts may alter the child support order in order to consider the child’s best interest. These considerations include:

  • Extensive medical, psychological, educational or dental expenses of the child
  • Age of the child, older children have greater needs
  • Special needs of the child, for instance in the event of child’s disability
  • Seasonal variations in parental income (more…)

Property Distribution

Nov 11th, 2011
by Mark Dubose.
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Gainesville Property Distribution Attorney

As veteran attorneys handling property distributions involved with the dissolution of a marriage in Gainesville, Florida, J. Mark Dubose and Gil Alba have the experience and knowledge necessary to represent you throughout the process. The Law Office of Alba & Dubose P.A. makes great efforts to tailor our representation to suit your needs. Our practice recognizes the complexity of property division and focuses on retaining fair and equitable distribution among both parties.

Marital Assets

During the dissolution of marriage, a couple’s marital assets are divided. Marital assets are defined as the total of all property acquired throughout the course of a marriage not inherited or given as a gift to one party by a third party. There are two subsections, assets and liabilities.

Examples of Assets include:

  • Real estate
  • Businesses
  • Automobiles
  • Stocks, bonds, pensions
  • Insurance
  • Cashing and savings accounts

Examples of Liabilities include:

  • Mortgages
  • Loans (school, car, private)
  • Unpaid bills (credit cards, medical bills, department stores)
  • Debts owed to family members

In Florida, property owned prior to marriage, by either spouse, is classified as separate or non-marital property and is exempt from division. As long as non-marital property is kept separate, not mixed with marital property, it is excluded during an equitable distribution or property division proceeding. (more…)

Alimony

Nov 11th, 2011
by Mark Dubose.
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Gainesville Alimony Attorney

Our  experienced attorneys serving Gainesville, Florida, J. Mark Dubose and Gil Alba are well versed in the processes and calculations needed to establish, defend against and collect alimony or spousal support. The Law Office of Alba & Dubose P.A. understands dividing assets and determining the proper amount of support can be overwhelming. As a practice, our goal is to secure a fair and reasonable alimony order.

What is Alimony?

Alimony or spousal support is a payment which one spouse makes to the other for their support or rehabilitation. These alimony payments are paid to the lesser-income spouse and are meant to aid with living expenses. Duration and amount of payments vary. Spousal support payments are different from child support payments and therefore are determined, enforced and accounted for separately. Unlike child support, spousal support payments are tax deductible.

Who is eligible for Spousal Support?

Since the state of Florida does not have a concrete guideline for alimony, determining spousal eligibility and awarding payment is at the discretion of the judge. Although there are criteria for the court to consider, unfortunately, this can result in inconsistencies between cases and award amounts. The principal consideration for alimony is referred to as need and ability to pay. Support payments can only be awarded to a spouse, who is in need, to be paid by a spouse who can afford to pay them. The judge will consider need and ability as primary factors and supplement with the following. (more…)

Business Litigation

Nov 11th, 2011
by Mark Dubose.
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Gainesville Business Litigation Attorney

Veteran business litigation and business organization attorneys, Gil Alba and J. Mark Dubose have over thirty years of combined experience representing business owners in North Central Florida and Texas. Utilizing an extensive knowledge of business law, The Law Office of Alba & Dubose P.A. will confidently guide you through the legal challenges facing your business. Our practice understands the time and detail required to manage a case through mediation, arbitration, trial and appeals and will be there to assist you each step of the way.

What is Business Litigation?

Business law is a general term used to encompass all laws, rules and regulations pertaining to a business. These laws govern contracts, sales, employment, property and insurance. Business litigation is the process by which a business owner uses a lawyer to resolve any disputes, lawsuits, or discrepancies facing their business.

Business Litigation cases include:

  • Partnership disputes
  • Breach of contract
  • Real estate disputes
  • Boundary and easement disputes
  • Construction liens
  • Intellectual property disputes
  • Collecting a Debt
  • Commercial / Industrial lease disputes

What is Business Organization?

Business organization is process by which an entrepreneur legally establishes his or her business. New business owners must obtain trademarks, establish corporate or other business entities, form contracts, structure the company, establish intellectual property and employ workers. Obtaining the guidance of an experienced business attorney is crucial at this stage. New business owners are encouraged to consult a legal professional to ensure all contracts, forms and legal documents are handled properly. (more…)

Estate Planning

Nov 11th, 2011
by Mark Dubose.
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Gainesville Estate Planning Attorney

Our skilled estate planning attorneys J. Mark Dubose and Gil Alba have years of experience proudly serving Gainesville, Florida. Establishing your estate plan is a sensitive task that requires a detailed hand and sound recommendations. At the Law office of Alba & Dubose P.A, we recognize the intimidating and delicate nature of planning for your family’s future. By facing the inevitable and documenting a clear distribution of wealth, our clients can rest assured that their estate has been cared for.

What is Estate Planning?

An individual’s estate is the sum of their net worth and assets. This includes all properties, inheritances, stocks, bonds and personal belongings. Estate planning is the process by which an individual arranges for the transfer of assets to his or her beneficiaries after death.  Beneficiaries frequently include immediate family members or heirs and charities.

What is a Will?

A will is a written, legal document that outlines how an individual’s estate will be distributed after death. Depending on the size of the estate and the number of beneficiaries, a will can be simple or elaborate

Wills

Standard wills focus on the distribution of an estate and can be changed or revoked at any time. Under Florida law, a will must meet the following requirements to be valid.

  • Individual must be at least 18 years old, be of sound mind and body upon signing the will.
  • Individual must sign in presence of two witnesses and a notary.
  • The will must be approved by a probate court after death.

Additionally, Florida law prohibits wills from completely disinheriting surviving spouses, selling jointly owned property or distributing inheritance to a Cuban national.

Changing or revoking a will

An individual can change or revoke their will at any time prior to death. To protect the integrity of the will, codicils should be used to make formal additions or amendments to a preexisting will. A change can also be made automatically by operation of law, in some instances.

Living wills

Unlike standard wills, a living will does not include property distribution. A living will specifies what medical procedures should be used to prolong your life, should you become incapacitated. Living wills are signed in the presence of two witnesses, one of whom cannot be a blood relative or spouse. (more…)

Premises Liability

Nov 11th, 2011
by Mark Dubose.
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Gainesville Premises Liability Attorney

Premise Liability Claims include accidents and injuries occurring on another person’s property. They include incidents where people fall, have things fall on them, almost fall, and injuries due to criminal activity. They also include injuries caused by things on the property, such as electrical wires, swimming pools, dangerous equipment, and other dangerous situations.

During our more than 20 years of experience practicing law, the premises liability attorneys with the Law Office of Alba & Dubose P.A have recovered money for injured individuals from falls on algae covered wooden decks, slips in puddles of water, lacerations from a merry-go-round with protruding large sharp bolts, death from collapsing scaffolding, and a sexual assault which occurred due to a defective locking mechanism. These are just a few of the many situations in which a person can be injured while on the property of another.

Land owners owe certain duties to individuals who come onto their property. The exact duty owed depends upon the relationship between the person and the landowner. An experienced attorney is a very important protector of your rights when you are injured by the negligence of a property owner.

The premises liability attorneys with the Law Office of Alba & Dubose P.A represent clients not only in Gainesville, FL but all throughout North Central Florida (Ocala, Alachua, Newberry, Micanopy, Lake City, and others).

Types of Slip and Falls or Premises Liability claims

  • Slip and fall accidents
  • Trip and fall accidents
  • Step and fall accidents
  • Failure to supervise
  • Failure to secure property
  • Failure to notify of dangerous condition

Causes of Slip and Fall Accidents or Premises Liability claims

  • Wet Flooring
  • Torn carpets
  • Broken deck
  • Broken sidewalks
  • Inadequate lighting
  • Changes to a surface without warning
  • Electrical wiring or power cords
  • Lack of fencing
  • Inadequate security

If you’ve been injured, please call Gil Alba or J. Mark Dubose at the Law Office of the premises liability attorneys with the Law Office of Alba & Dubose, P.A. for a free and confidential consultation. Let them put their more than 20 years of experience with slip and fall and other premises liability cases to work for you.

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