David Allen

David Frederick Allen

Attorney

location_on Tavares, Florida

phone (352) 720-3658

email David@katemillerlaw.com


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
  5. Relocation with Minor Children

David Allen, with over 40 years of experience in these matters, can represent your interests with skill and compassion.

1. 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.

2. 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.

3. 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.

4. POST-DIVORCE PROCEEDINGS

A Final Judgment of Divorce is “the law” between the parties, and any failure to follow the Judge’s ruling may be able to be enforced by Contempt of Court. Often times, the offending party must reimburse attorneys’ fees. Also, if there is a change in circumstances (such as a change in income), alimony may be able to 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 many Post-Divorce matters.

5. RELOCATION WITH MINOR CHILD

A frequent issue governed by Florida Law is when a parent may relocate with a minor child for a legitimate purpose, such as a job opportunity. David Allen can prepare the proper documents to seek 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 conduct 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 40 years of Family Law experience will be put to use in your best interest!

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. The 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 to the wife due to husband’s behavior in delaying the divorce trial and hiding money.
  5. 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.

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.

Areas of Practice:

  • Family Law
  • Child Support
  • Criminal Law
  • Custody & Visitation
  • DUI/DWI
  • Divorce
  • Uncontested Divorce
  • Contested Divorce
  • Support
  • Divorce Modification Relocation
  • Alimony
  • Domestic Violence Injunction
  • Traffic Cases
  • Suspended License
  • Felonies
  • Murder
  • Homicide
  • Burglary
  • Sex Offences
  • Probation
  • Drug Possession
  • Trafficking
  • Sale Delivery
  • Sealing And Expungements
  • Juvenile Crimes
  • Misdemeanor
  • Parole and Probation
  • Prosecution
  • RICO Act
  • Alimony And Spousal Support
  • Domestic Violence & Neglect
  • Paternity
  • Prenuptial Agreements
  • Computer Crimes
  • State Trial Practice
  • State Appellate Practice
  • Child Custody

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • Florida, 1978
  • U.S. District Court Middle District of Florida, 1979

Education

  • University of Florida College of Law, Gainesville, Florida
    • J.D. – 1977
  • University of Florida, Gainesville, Florida
    • B.S. – 1974
      Major: Finance/Business Administration
  • Criminal Trial Advocacy Institute, University Of Florida – 1979

Representative Cases

Representative Clients

  • Citizens, Great And Small
  • Clergy
  • Professionals (lawyers, Politics, Engineer)

Honors and Awards

  • “AV” Rated Highest Possible Rating in Both
  • AVVO Rating – 10! – Highest Rating!

Professional Associations and Memberships

  • Orange County Bar Association, 1978 – Present
  • Member, Florida Bar, Criminal Law and Family Law Section
  • Central Florida Criminal Defense Lawyers, Association, 1978 – Present

Past Employment Positions

  • Office Of The Public Defender, Felony Division Chief, 1978 – 1982

Pro Bono Activities

  • Church Musician, Contemporary Worship, 1968 – Present
  • Family Man, Involved For the Years In Children Activities, And still Involved

Fraternities/Sororities

  • Alpha Tau Omega