Our Divorce Lawyers Give You Peace of Mind
At Feldman & Schneiderman, P.L., we recognize that divorce is a difficult step and that you are coming to us at perhaps the most 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 divorces and family law matters, and we are sure that you will be pleased with and confident in our services.
If you are contemplating divorce, you are undoubtedly anxious about the changes that will take place in your life and in the life of your family. A competent Boca Raton dissolution of marriage attorney from Feldman & Schneiderman, P. L. can help you overcome your anxiety and start moving forward.
What is Dissolution of Marriage in Florida?
Divorce — or, in legal terms, dissolution of marriage — represents the final termination of a marital union. In actuality, the dissolution of marriage is a process involving several component parts:
- Dissolution of the bonds of matrimony
- Termination of the duties and responsibilities of marriage
- Separation of the lives of once-married individuals
- Assignment of new rights and responsibilities going forward
This process is rarely a simple matter. It is challenging in and of itself, but it can become further complicated by such issues as:
Alimony is a critically important element of divorce. It is necessary to determine the forms of alimony that are most appropriate in your case — temporary, rehabilitative, durational, lump-sum and/or permanent periodic alimony.
The type and amount of alimony depends on several factors, including:
- Duration of the marriage
- Living standard enjoyed by both parties during the marriage
- Health, age and financial resources and assets of both parties
- Any available sources of income, including wages, salaries, commissions, gifts, inheritances and investment income
- Contributions made for such matters as childcare or education of spouse
Under Florida law, child custody is determined on the basis of the best interest of the child, as per the Uniform Child Custody Jurisdiction and Enforcement Act.
There are two types of custody:
- Legal custody — responsibility for the educational, medical, disciplinary and religious decisions made for/about a child
- Physical custody — determination of where the child will live
The financial issues of divorce can be complicated when the couple has accumulated property or assets during the marriage, or when one or both parties came into the marriage with property or assets.
Under Florida law, parties can use a prenuptial agreement (also called a premarital or antenuptial agreement) to specify rights regarding:
- Property, including real estate, bank and brokerage accounts, businesses and what happens if property increases in value during the marriage either because of market changes (“passive appreciation”) or efforts of a party (“active appreciation”)
- Spousal support – establishing or limiting a party’s right to alimony in the event of divorce, perhaps, dependent upon the length of the marriage
- Inheritance – what a surviving spouse is entitled to upon death and how inheritance rights of children from prior marriages are protected
- Ownership rights of other benefits such as IRAs, pension plans and other retirement plans
Getting divorced is emotionally wrenching, and choosing the right lawyer can do much to alleviate the upset. Feldman & Schneiderman, P.L. attorneys work with you to make sure you are prepared and comfortable with the legal process.