About Dan Policastro

Dan Policastro is an attorney licensed to practice law in the State of Florida. Dan represents individuals and businesses in Divorce and Family law, Commercial and Business Litigation, Real Estate Litigation, Corporate law, and Intellectual Property Law matters from his office in Venice, Florida. Learn more about Dan by reading his about page.

How to Perform a Stepparent Adoption in Sarasota County

Posted on December 18, 2018 by Dan Policastro

Performing a stepparent adoption is one of the most rewarding aspects of being a family lawyer. Most of my time is spent litigating divorces and post divorce proceedings, so the chance to help a family come together is a welcome change of pace.

This article is for educational purposes only, and is designed to be a brief overview of how the stepparent adoption process works in Sarasota, Florida. I am a family law lawyer located in Venice, Florida and perform stepparent adoptions in Venice, Sarasota, Bradenton, Port Charlotte and the surrounding areas.

Contested vs. Uncontested Stepparent Adoptions

Like a fingerprint, each person’s stepparent adoption is unique to that person. Continue reading →

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How is Property Divided in a Florida Divorce?

Posted on December 7, 2018 by Dan Policastro

Dividing property is often one of the greatest challenges when filing for divorce in Florida. It is very easy to get overwhelmed when trying to untangle the complicated financial issues, especially when also confronting the emotional aspects of a divorce. However, it is important to understand that there is a method to the madness, and your attorney can help guide you through the process.

In the following article I will explain the basic rules governing property division and divorce in Florida, and also touch on some practical considerations as well.

The general rule is that Florida is an “Equitable Distribution” state. Generally speaking this means that marital property, assets and liabilities acquired during the marriage with marital funds or labor, will be divided equally upon divorce. Nonmarital property, assets and liabilities acquired before the marriage, remains the sole and separate property of the spouse upon divorce.

What is “Property” Anyways?

As a preliminary matter, it’s worth taking a little time to discuss what “property” actually includes. Property includes Continue reading →

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How to Change Your Name in Sarasota, Florida

Posted on May 28, 2018 by Dan Policastro

You are reading this article because you are considering having your name legally changed in the State of Florida. Maybe you have recently been divorced and did not restore your name at the end of the divorce. Or perhaps you have a different reason. After 9-11, the Florida DMV has tightened their regulations regarding renewing driver’s licenses, and I am getting an increasing number of clients who are contacting my office after having problems renewing their Florida driver’s license.

There is no doubt that you have questions, including: “How long does a name change take?” “What are the requirements for a name change in Florida?” and of course there is the all-important, “How much will it cost?”

My goal is to answer all of those questions for you in this article.

Before we get too far into this, I want to mention that I am a name change lawyer in Venice, Florida. Name changes are part of my family law practice. I regularly represent clients with family law matters, including name changes, in Venice, Sarasota, and the surrounding area.

Sarasota County happens to be part of the 12th Judicial Circuit Court of Florida so this article will discuss getting a name changed within the 12th Judicial Circuit. The rules for each circuit may be a little different so it’s important to keep that in mind.

The Basic Idea

Basically, to get your name changed you need to file what is called a Continue reading →

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Commercial Evictions in Sarasota County

Posted on April 2, 2018 by Dan Policastro

I have written at length about performing residential evictions in Florida, including in-depth articles on issues like holdover tenants and sub-tenants. I have plans to write more articles on residential landlord tenant law and specifically the subject of residential evictions, but for this particular article I want to focus on commercial evictions. Since my office is in Sarasota County and I practice primarily in Sarasota County (although I also do represent clients in Manatee and Charlotte County, and will happily take cases there), I wanted to zero in on Sarasota County for purposes of writing this article.

Commercial Landlord Tenant Law vs. Residential Landlord Tenant Law

As a quick introduction, it’s important to distinguish the commercial (or “nonresidential”) section of the Florida landlord tenant statues from the residential section. The major difference between the two sections is that in the commercial landlord tenant section the parties are presumed to be more sophisticated, and the statutes allow for much greater freedom when it comes to the way commercial leases can be drafted and the kinds of clauses that can and cannot be included in a commercial lease. The legislators are presuming Continue reading →

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Uncontested Divorces in Sarasota County

Posted on March 24, 2018 by Dan Policastro

After considering the differences between a contested and uncontested divorce you and your spouse have decided to go the route of the uncontested divorce. This means that all the issues of the divorce have been agreed upon. This includes agreement between the parties regarding the division of marital property, and the issue of spousal support. If there are minor children of the marriage, then issues surrounding the children including time sharing, parental responsibility, and child support have all been worked out.

If you and your spouse have agreed on all of these issues then you are to be congratulated. Reaching an agreement is the hardest part of a divorce proceeding. A lot of time, money, and emotional energy can be spent figuring these issues out. The decision to resolve your divorce early, amicably, and fairly is often the best choice for the parties. It doesn’t generate a mountain of legal fees like a contested divorce. With the negotiations out of the way, all that is left is to prepare the paperwork and get everything finalized. Continue reading →

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The Difference Between a Contested and Uncontested Florida Divorce

Posted on March 18, 2018 by Dan Policastro

When it comes to the overall cost of a divorce in Florida, the most important consideration is whether to file a contested or uncontested divorce. The difference between the two is simple, but the consequences can be dramatic. The goal of this article is to explain the differences between contested and uncontested divorce proceedings.

I am a family law attorney based in Venice, Florida and I help people with both contested and uncontested divorces here in Sarasota County as well as in Charlotte County and Manatee County.

Initial Considerations

Keep in mind that Florida is a no-fault state, so parties can obtain a divorce in Florida without proving any reason other than “irreconcilable differences” provided they meet the residency requirements. There is no need to prove adultery, abandonment, or some other cause for the divorce.

Issues like infidelity can come into the picture when resolving issues like the division of marital property, alimony, and child custody, but they are not necessary to file for divorce and have no immediate bearing on whether the divorce is contested or uncontested.

Uncontested Divorces

An uncontested divorce is when Continue reading →

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