The Law Offices of Brian M. Moskowitz - Divorce Attorneys Serving South Florida

As a divorced single parent, divorce lawyer Brian Moskowitz has the passion and experience to help you.  Understanding how difficult divorce and all family law matters can be, he knows how to strike a balance between compassion for his clients and aggressively representing their interests.  By limiting the number of clients we represent, clients are assured of a personal touch and prompt attention.

Contact us today by phone at 561-369-4481 or by filling out our online form and find out for yourself what sets us apart.  We will do our best to return your phone call the same day but at a minimum we promise to return your call within 24 hours. We serve all of Florida with a concentration in South Florida, including Boynton Beach, Boca Raton, Delray Beach, Lake Worth, Wellington, West Palm Beach, Palm Beach and all of Palm Beach County.    

What is the process for obtaining a divorce?

Once one spouse or both spouses have decided to initiate a termination of their marriage, a divorce attorney should be consulted. There are many issues that must be decided including how to divide property and debts, child support and time-sharing (formerly known as child custody and visitation), and alimony. The length of time necessary for a divorce varies and is affected by whether the divorce is contested or uncontested, whether children are involved, and whether there is any significant shared property.

More information on Florida Divorce.

Am I required to list a reason to get a divorce in Florida?

No, Florida is a “No Fault” state that does not require a reason such as adultery or abuse as grounds for divorce.  In Florida, a divorce is called a Dissolution of Marriage and there are only two reasons you can dissolve your marriage: (1) the marriage is irretrievable broken; or (2) one of the spouses is mentally incapacitated.

How are property and debts divided?

Florida law calls for an equitable distribution of property and debts. This means that property and debts acquired during the course of the marriage by one or both parties should be divided fairly or equitably (not necessarily equally) between the parties, regardless of how the title is held.   In some instances, however, there may be an unequal distribution.  For those unable to come up with a mutually agreed upon division of property, there are a list of factors that the courts will consider in making a distribution. Generally  among these factors are:

• Length of the marriage;
• Age and health of the spouses;
• Contribution of each spouse to the acquisition of property;
• Contribution of one spouse to the education or training of the other;
• Custodial provisions for children of the marriage;
• Whether either of the spouses will be awarded spousal support;
• Present and potential earning power of each spouse;
• The total economic circumstances of the spouses;
• The existence of any pre- or post-marital agreement between the spouses.

More information on Florida Equitable Distribution.

Who will get custody of the children?

All child support and time-sharing (formerly known as custody and visitation) decisions are based on "the best interests of the children.” Contrary to popular belief, mothers do not automatically get majority time-sharing (custody) in a divorce.  Florida law specifically states that there is no presumption in favor of one parent over the other.

 More information on Florida Child Support, Child Custody, Divorce and Visitation.

How is child support determined?

The state of Florida has adopted child support guidelines that use a formula to determine the amount of child support. These guidelines are based on the principles that every child has the right to the support of both parents.The formula uses the combined net income of both parents to calculate the total support needed for the children.  It then considers how many nights the children spend with each parent before determining how much each parent is required to pay.

 More information on Florida Child Support.

What can I do to get my ex-spouse to pay child support?

If there is a court order for payment of child support and it is not being obeyed, you must file a motion for enforcement and seek to hold the non-paying parent in contempt of court.   If the parent is held in contempt, there are several punitive measures that may be taken to enforce the child support order.

 More information on Florida Child Support, Enforcement.

Can a divorce decree be changed?

A divorce decree can me changed in most cases, providing that the person who wishes to change the decree was a party to the divorce. Although modification of property divisions are often denied, modifications of orders for child support, child custody and visitation, and alimony are often granted if there has been a significant change in circumstances since the entry of the decree.

 More information on Florida divorce, Modifications.

Can I afford an attorney?

Contact us today at 561-369-4481 or by filling out our online form to discuss your family law questions. From our offices in Boynton Beach, Boca Raton and West Palm Beach, we provide family law services to individuals throughout the state of Florida, including the South Florida communities of Boynton Beach, Boca Raton, Delray Beach, Lake Worth, Wellington, West Palm Beach, Palm Beach and all of Palm Beach County.