At the Boca Raton Law Office of Michael D. Moccia, PA, we have focused our firm on providing exemplary service representing men and women in a variety of family law matters including divorce, child custody matters, step-parent adoption, paternity cases, modification of child support or alimony, and enforcement of divorce judgments. We know that divorce and other family law matters can be difficult so we strive to provide the best possible resolution for every client in a timely manner. We also offer the services of a Child Pornography Attorney.
Family Courts in Florida view trial as a last resort in divorce cases because of the heightened conflict and increased expense that going to trial can cause. We work aggressively for our clients to achieve positive results during divorce negotiation and mediation. However, there are times when the parties cannot come to an acceptable agreement during negotiation or mediation and trial is the only remaining option for an acceptable outcome. The Law Office of Michael D. Moccia, P.A. works diligently on every case to ensure that our clients’ rights are protected during negotiation, mediation, and trial. Although we view trial as a last resort, we are not reluctant to go to trial if necessary to achieve the results that our clients are entitled to and deserve.
Allow our passion for justice and diligence in representing our clients to work for you in your family law matter.
Florida Law Applicable in Divorce Cases
Chapter 61 of Florida Statutes deals with all aspects of divorce cases including property division, child custody, child support, and alimony. Hiring an attorney with knowledge of how local judges interpret and apply the law is very important because there is a great deal of judicial discretion involved since the issues in a divorce are not always black and white. For instance, while child support is based on a formula that takes into account the number of children, amount of time each parent spends with the children, and each parent’s income, alimony does not have the same type of formula. This can lead to wildly varying alimony awards for similar situations. Hiring an attorney with the experience to convince the Court of whether alimony is appropriate or not and the appropriate amount can make an immense impact on the outcome of your case.
Separate and Marital Property in Divorce
Florida law defines separate property as any property owned prior to the marriage, gifts and inheritances from someone other than the spouse, and assets excluded from marital property by written agreement between spouses. Typically, any other property that is not separate property is subject to division by the divorce court in a process known as equitable distribution. In the vast majority of cases, equitable distribution is a 50/50 split of marital assets and liabilities. However, in rare cases, the Court can order a non-equal division of marital assets and liabilities based on various factors.
One of the most contentious and sometimes complex issues that presents itself in a divorce is if a business is involved. Sometimes both parties have started or contributed to the business and other times the business is the only asset of significant value. The Law Office of Michael D. Moccia, PA’s experience in business law is an important asset in any divorce case where a business is involved. From drafting shareholder buyout agreements to assisting the business in obtaining funding, many family law firms in the area refer these issues out to other attorneys which makes you have two lawyer bills instead of one. Having the ability to handle the business issues related to a divorce allows the divorce to be completed in a timely, cost-efficient manner. Call us today to discuss your circumstances and allow our experience to work for you.
Dividing the Marital Home
The marital home is often a couple’s most valuable asset. In addition to its monetary value, the marital home has many memories associated with it that makes it much more than a simple asset to divide. There are many factors at play when making a decision on what to do with the marital home including the amount of outstanding mortgage debt, the ability to afford the home after the divorce, and the desirability of keeping the children in the same schools. Our Firm always looks at all options with regard to the marital home to help clients come to the right decision for them. Call us today to discuss your options.
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