Divorce & Dissolution of Marriage
At Feldman & Schneiderman, P.L., we recognize that divorce is a difficult step, and that you are coming to us at a stressful and traumatic time in your life. It is our aim to make your life easier by providing you with the compassion, support, guidance and legal acumen you need to make the right choices.
As seasoned negotiators, we actively pursue settlement when it is feasible, but we are not afraid of litigation and fight aggressively on your behalf when necessary. Our lawyers have more than 50 years of combined experience handling divorce, and we are sure that you will be pleased with and confident in our services.
Divorce Attorneys in Boca Raton, FL
Divorce can be emotionally and financially distressing for both spouses. This complicated process may also impact your children, family, and friends. If your spouse is filing divorce against you or you want to contemplate a divorce, it’s crucial to seek advice from an experienced divorce attorney. Divorce attorneys in Boca Raton who know the ins and outs of the divorce process can assist you to with making the right decisions in matters involving your children and finances.
The divorce attorneys at Feldman & Scheiderman have years of experience representing people involved in divorce proceedings and helping them to find clarity and confidence in the complicated divorce process. Our attorneys can handle an array of divorce issues starting from settlement agreements, child custody and time sharing, to the division of property and finances. Feldman & Scheiderman represent people dealing with divorce in Boca Raton, Boynton Beach, Palm Beach, Broward, and the surrounding areas.
What is Mediation?
Mediation is an increasingly important component to traditional divorce, which is by nature adversarial. It is a less formal, family-centered process in which the divorcing parties meet with an impartial mediator who helps them reach agreement about the terms of their divorce. Each side presents their version of the facts to the mediator, who tries to help the parties and their attorneys communicate with each other to understand the other’s positions and concerns and to help them reach compromises. The mediator is not a judge and cannot force any settlements. However, over 97% of Florida divorce cases settle through mediation and, in fact, the Florida court system now requires that the parties attend mediation at least once before their case can go to trial.
Most importantly, mediation is a confidential process. If mediation is unsuccessful, the judge is not allowed to know why mediation failed, who said what during mediation nor how the parties acted during mediation. Each party is encouraged to speak freely since nothing one says can be used against him or her in the courtroom.
The Boca Raton divorce attorneys at Feldman & Schneiderman, P.L. have all participated in dozens, if not hundreds, of mediations and have acted as mediators themselves for other attorneys looking for mediators to assistance their clients in resolving family litigation.
Preparing for a Divorce in Florida
The decision to get divorced is one of the toughest decisions a person can make, as its consequences can last for years or even for life. However, if you have made up your mind to get divorced, or there are no other options left, you should start preparing before it actually takes place. Planning in advance can help you make the best decisions and reduce a lot of the stress and anxiety that most people face throughout their divorce.
It is vital to gather all the necessary documents and evidence before filing for a divorce. You must have proof or records of names, addresses, contact information, and account numbers associated with all your assets and debts. You may also be asked to provide the details of your bank accounts, loans, mortgages, stocks and bonds, credit cards, etc. It can be helpful to be prepared with all the necessary paperwork.
What is Collaborative Divorce?
Collaborative law is a relatively new process that enables couples who have decided to end their marriage to work with their lawyers, forensic accountants and mental health professionals to avoid litigation and its uncertainties. It is a voluntary process, now recognized in the Florida Statutes, in which each party retains an attorney specially trained in collaborative divorce. Each spouse signs a participation agreement agreeing to the collaborative process and describing the nature and scope of representation. Each party agrees to disclose voluntarily all information needed to resolve their case and each agrees to exercise good faith to achieve settlement. The parties and their professionals meet together to discuss issues, exchange information and conduct themselves in a far less adversarial and far more open process. If resolution is achieved, the parties sign appropriate settlement documents and an uncontested divorce case is filed in order to have a judge approve the settlement documents. If resolution is not achieved, after 30 days, the parties are free to file a contested divorce case, but the attorneys who represented them in the collaborative process are barred from representing them in the litigation.
Collaborative family law allows the parties the benefits of attorneys, coaches, mental health professionals and financial specialists in an environment designed to promote open communication, information sharing, settlement and reduced legal fees.
You may be concerned that an uncontested divorce — in which the divorcing parties work out important divorce issues themselves instead of taking orders from the court — is riskier than a traditional divorce. Indeed, without the help of a lawyer, it can be risky. But a lawyer from Feldman & Schneiderman, P.L. can largely eliminate the element of risk by assuring that you make intelligent long-range decisions.
Understanding the Divorce Process
The divorce process begins with one spouse filing a Petition for the Dissolution of Marriage in the circuit court where the parties last lived together stating that the marriage is irretrievably broken. The other party then has twenty days to answer the Petition and, if desired, to file a Counterpetition — which, in turn, must be answered in twenty days. The Counterpetition can address the issues set forth in the original petition and can add additional issues and claims.
Types of Divorce in Florida
If you have done any research into the types of Florida divorce, you may well be confused by the abundance of terms including Absolute and Limited, No-fault and Fault, Contested and Uncontested, Collaborative Divorce, or Mediated Divorce.
We at Feldman & Schneiderman, P.L. want to clear up your confusion by explaining what these terms mean in Florida divorce.
Changes in Divorce Law
You may be unaware or afraid of changes in Florida divorce law and if they will help or hurt you. For example, in 2008, Florida child custody law changed dramatically, and, in 2010, changes were made in the areas of child support and alimony.
Feldman & Schneiderman, P.L. stays abreast of these changes, making sure to use them to your benefit wherever possible.
For all Family Law matters, including Divorce, Alimony, Child Custody and Prenuptial Agreements, in Boca Raton, Palm Beach and Broward.