Florida Divorce, Family, Bankruptcy & Foreclosure Attorneys

Lynette Silon-Laguna, P.A.

511 West Bay Street Suite 350 Tampa, Florida 33606 USA

 (813) 672-1900

www.familymaritallaw.com/
 Send an email

Law Firm Overview Free Consultation

At Lynette Silon-Laguna, P.A. we understand your concerns regarding the potential emotional and financial costs of divorce and family law litigation. We have provided expeditious, caring and cost-effective legal services to thousands of individuals and families since the firm was founded in 1997.

Legal challenges cannot be resolved satisfactorily if you do not achieve your legal goal within an acceptable time frame and cost range. We will work diligently and skillfully to negotiate amicable agreements out of court, to save you the significant costs of litigation. Our legal services are also unique and tailored to your specific situation, concerns and goals. Furthermore, if your case cannot be resolved amicably, we will aggressively represent you to attain the best result to which you are legally entitled.

In addition to family and divorce law services, we provide full legal representation in individual, family and business bankruptcies, foreclosures and debt restructuring. More and more Florida residents and businesses face cash flow challenges as a result of national credit availability issues, falling property values, unemployment and predatory lending practices. You can prevent foreclosure through a chapter 13 bankruptcy even if you have a significant mortgage payment arrearage.

We have a highly qualified staff of legal assistants and associate attorneys, including a Spanish-speaking associate attorney.

Practice Areas

Additional Practice Areas: Asset and Debt Division; Retirement Account and Pension Division in Divorce; Child Relocation; Modifications and Enforcement of Final Judgments; Name Changes; Uncontested Divorce; Contested Divorce; Military Divorce.

Practice Areas Description

Our practice areas include:

- Bankruptcy & Foreclosure

• Chapter 7 Bankruptcy

Individuals or families pursuing personal Chapter 7 bankruptcy are able to retain some or all of their property pursuant to the applicable exemption limits, which differ by state. If the value of your assets exceeds the exemption limit, then the difference or the property itself will have to be given to the trustee to pay creditors who make a claim in your case. In addition, after you have received your bankruptcy discharge, any income or assets you obtain are yours to keep unless you receive (or become eligible to receive) an inheritance, insurance proceeds, or proceeds from a divorce settlement within 180 days after your filing date. If so, then the trustee must be notified.

Businesses pursuing Chapter 7 personal bankruptcy follow the same procedure and rules as individuals filing Chapter 7 bankruptcy. Usually the business will be liquidated and must cease operations unless operations are continued by a Chapter 7 trustee. Furthermore, any assets of the business and assets of the owners and/or shareholders of the business are subject to the same exemptions as for individuals.

• Chapter 11 and Chapter 12 Bankruptcy

Keeping your business profitable and your household solvent was challenging even when Florida's economy was growing and our state's commercial and residential real estate market was experiencing double-digit construction and price growth. Now, as credit becomes harder to obtain, growth slows and real property values fall, the incidence of business and personal insolvency has swelled. If you or your business is experiencing serious cash flow issues, Chapter 11 and Chapter 12 bankruptcy proceedings may provide a lasting solution.

• Chapter 13 Bankruptcy

Chapter 13 personal bankruptcy protection offers legal and financial advantages to people in need of debt relief, who cannot qualify for a Chapter 7 bankruptcy or who have other reasons for pursuing it, such as their home is in foreclosure and they want to keep it. Chapter 13 terminates foreclosure at any point up through the time of the actual foreclosure sale. It allows individuals and families facing serious cash flow issues to reorganize debt under the supervision of a bankruptcy trustee.

Most property is retained and in three to five years, the debtor emerges from bankruptcy with significantly reduced debt. It may even be possible to remove a second mortgage on either homestead or investment property in a Chapter 13, which is a great benefit. Most debt can be eliminated in chapter 13 bankruptcy; however, some debt, including taxes, spousal support payments, child support payments and student loans, cannot be eliminated.

• Foreclosure Defense

I am Lynette Silon-Laguna, Attorney at Law. My team of experienced lawyers and knowledgeable legal staff are ready to help you explore your foreclosure defense options. After filing a foreclosure notice, banks are required to follow very specific guidelines. My firm attorneys will make sure you understand all of your options and explore every possible foreclosure defense, including, but not limited to:

. Improper assignment of your mortgage from one lender to another.
. Violations of the Truth in Lending Act.
. Failure to include required documents, such as a copy of the original mortgage or mortgage assignment, if any.
. Acceleration clause in the mortgage that requires the lender to take certain steps prior to filing for foreclosure.

- Family Law

• Paternity

Our firm handles paternity suits initiated by both mothers and fathers who have had a child and are not married. Founding and lead attorney, Lynette Silon-Laguna, has handled thousands of family cases since 1997, including numerous cases involving paternity-related disputes.

• Domestic Violence

If you are a victim of domestic violence or domestic abuse, there are powerful legal tools to help you obtain the protection you need. If a restraining order or domestic violence injunction has been entered against you, there are legal procedures in place to protect your rights. At Lynette Silon-Laguna, P.A., we will provide experienced legal help in any domestic violence-related legal matter.

• Adoptions

We are experienced adoption lawyers helping stepparents, as well as other relatives, such as grandparents, who wish to adopt. We are experienced with the legal procedures that adoption involves, and are also skilled at building a strong case when a biological parent contests the adoption. Furthermore, an adult eighteen and older may also be adopted in circumstances where the "parents" want to make him or her officially, legally a member of the family.

• Pre- and Post-Marital Agreements

It is vital that any agreement you sign in divorce, paternity or modification cases fully addresses and protects your rights and interests. And, if you or your spouse or future spouse choose to use a prenuptial agreement/pre-marital or post-marital agreement to address the division of your assets and debt, it is important that the document fully reflect your concerns and is enforceable. At Lynette Silon-Laguna, P.A., we have 12 years of experience creating and drafting family law and divorce-related agreements and contracts.

• Name Changes

Having your name legally changed involves statutory procedures and is limited by court criteria. At Lynette Silon-Laguna, P.A., we make it easy for you to change your name. We will handle the entire process for you and explain to you both the court's requirements for changing your name and your options for proceeding.

• Divorce

Our attorneys will provide empathetic, caring assistance tailored to your individual circumstances. We will guide you through the process of divorce as it is a process and negotiation. Most cases will be resolved through a marital settlement agreement or a mediation agreement and an uncontested final hearing where these agreements will be incorporated and enforceable by a final judgment. Resolving your case amicably is our ultimate goal, if at all possible. If not, then we will use our knowledge and expertise to assure that your interests are well represented before the Court in a contested hearing or final hearing.

• Asset and Debt Division

We resolve the property and debt division of both simple and complex property divorce cases. We work as needed with other financial professionals including forensic accountants to uncover hidden assets and vocational evaluators to determine income imputation for an unemployed spouse. Assets to be divided include:

. Marital residence and other real estate;
. Retirement and pension accounts;
. Military pensions;
. Bank accounts, stocks/bonds, mutual funds;
. Businesses.

• Retirement Account and Pension Division in Divorce

Florida law governs the division of pension plans and retirement accounts during divorce. These will be divided between the parties based upon certain factors. To effectuate without penalty and tax consequences the transfer of the allotted funds from the owner to the other spouse requires a Qualified Domestic Relations Order (QDRO). We are experienced in determining the division of all classes and types of pensions and retirement accounts, including 401(K) plans, IRAs and company-sponsored pension plans and experienced in the preparation of the QDRO to effectuate the transfer.

We are also skilled at obtaining a spouse's share of the husband or wife's military retirement plan after divorce. The military has requirements and rules for dividing retirement unique to any other type of benefit plans. We are experienced preparing military orders and with the legal procedures governed by the Uniformed Services Former Spouse's Protection Act to provide the Defense Finance and Accounting Service the information it needs to compute your share of the pension plan's funds.

• Child Custody

Our team of family law attorneys is skilled at creating time sharing/parenting plans that take into consideration your desires, supports the best interests of the child, while fostering strong family bonds. We will examine your and your spouse's situation and past and present interaction with the child to determine how both of your parenting has best served the interests of your child. We will work to prove your past and present parenting has served your child's interests.

• Child Support

In Florida, child support is a right belonging to the child, and parents cannot contract it away, nor can the parent’s acquiescence to non-payment of fit. If you are going through a divorce or have a child outside of marriage and have concerns regarding child support, we can provide experienced legal help to advise you on the law. Our attorneys and legal assistants gather information regarding your income and other statutory factors to determine your child support obligation, if any. We work with both the mother and the father to resolve child support issues.

• Alimony

Alimony generally falls into the following four categories:

* Permanent periodic alimony. This type of alimony may be awarded in long-term marriages and usually terminates upon death of either party or remarriage of the receiving spouse. A long term marriage is generally 16 - 18 or more years of marriage.
* Temporary alimony: This type of alimony is generally awarded for longer term marriages providing support for a limited period of time.
* Rehabilitative alimony, which is generally awarded in longer term marriages to rehabilitate a spouse to be self supportive and must include a specific plan for a specific period of time for rehabilitation, such as a plan to obtain a technical or college degree.
* Bridge the gap alimony: This type of support may be awarded in short term marriages and is based entirely on the circumstances of the marriage. It is used short term to assist the spouse in financial need to adjust to single life.

We will work with you to help you determine the alimony you will likely pay or receive, answer your questions and provide informed legal representation.

• Modifications and Enforcement of Final Judgments

We have successfully handled modifications for hundreds of families in the Hillsborough County and the Tampa Bay area. Post judgment modifications most often occur after one party relocates, changes jobs, experiences a change in income or is dissatisfied with an existing and unworkable parenting time or visitation arrangement. Modifications can also be pursued if one party is not meeting the terms of the agreement. Our attorney team will represent you in court-required mediation and in modification final hearings. We will investigate your situation and provide informed, personalized and passionate advocacy.

More Information on Lynette Silon-Laguna, P.A.

Tampa, Florida Divorce Attorneys
Family Law Firm in Tampa, Florida
Tampa, FL Child Custody Lawyers
Child Support Attorney, Tampa, FL
Tampa, Florida Adoptions Lawyers
Bankruptcy Law Firm, Tampa, FL
Tampa, FL Foreclosure Defense Lawyer
Domestic Violence Lawyer, Tampa, FL
Lynette Silon-Laguna, P.A. Blog
Contact Lynette Silon-Laguna, P.A.

Other Offices

• USA - Florida, Riverview - Main Office