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	MOSER & MOSER, P.A. ~~~~~~~ Attorneys At Law ~~~~~~~ Historic Downtown Melbourne 614 East New Haven Avenue, Melbourne, Florida  32901 Telephone ~ 321.733.7303       ~       Fax ~ 321.733.7372
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Family Law Information

Family Law is an area of the law that deals with domestic and family-related issues. This area of the law encompasses issues that arise before marriage, during a marriage or domestic partnership, and after the termination of a marriage. Family Law can also include issues where there is no marriage involved, such as determining the paternity of a child or adoption. The types of Family Law issues we handle at Moser & Moser include, but are not limited to:

• Marital Dissolutions (Divorce - Contested and Uncontested);

• Modifications (Child Support, Time-sharing, & Alimony);

• Child Support (as Part of Family Plans, Marital Settlement Agreements, Changes after Divorce or "Modification", and Enforcement of Payment);

• Child Custody or Time-Sharing of Children through a Family Plan (formerly known as "custody" and "visitation");

• Spousal Support (i.e. Alimony of all kinds);

• Equitable Distribution of Assets & Debts;

• Paternity Determinations; and

• Prenuptial and Postnuptial Agreements.

We understand how stressful it is for people who are involved in Family Law matters. It is our experience that people involved in Family Law issues are good people who are just trying to cope with some of the worst of circumstances for themselves and their children. To alleviate the worry, stresses, and emotional upheaval involved in Family Law matters, at Moser & Moser, P.A., we strive to be understanding, sympathetic, responsive, and good listeners, while being strong and skillful advocates for our clients. It is important  for a person to feel comfortable personally with their lawyer in order to ask all questions they may have and to discuss any matters or sensitive facts involved in their case. It is also important for a person to know they have attorneys working for them who are persistent and aggressive in negotiations and in the courtroom when the situation warrants it. This is our mission for our clients at Moser & Moser, P.A.

Many people who find themselves involved in a Family Law case believe they can handle their issue(s) without the assistance of a lawyer. That may be true in some instances, but we have found in our experience, unfortunately, that self-representation in a vast majority of cases can lead to unforeseen problems. The present-day outcome of your case will have a significant influence on your life for years to come.

There are three things that we find self-represented litigants underestimate when they embark on representing themselves: the complexity of the laws and procedural rules of Family Law, the sentiments and changing emotions of the opposing party, and your emotions and the impact they will have on getting through the legal process. Sadly, when people are considering self-representation in filing a Family Law case or when they are a respondent on the other end of a Family Law case, typically, they soon find they have misjudged their legal situation and the people involved, rendering them too ineffective. Certainly, there is a mountain of pleadings and required disclosures that must be completed and filed in accordance with substantive and time requirements of the Florida Family Law Rules. Some people can "get by" with a lay person's knowledge of the applicable law and rules when completing the required pleadings and paperwork. Unfortunately, what is lost in taking the "get by" approach is the substantive and tactical advantages that can be utilized if prepared someone with knowledge and experience with the laws and rules of Family Law cases. This is especially obvious when cases seem to just languish in the court system with no resolution.

Oftentimes, at the start of a legal matter, a person will believe and hope that the other party in the matter is going to be agreeable, amicable, and non-adversarial throughout the legal process. Oh, if it could be so easy! We are all human beings and our emotions are driven by our experiences and circumstances, which creates a constant potential for things to go awry as you progress in the legal process. At the beginning of a Family Law matter, it is impossible to anticipate how you will feel as your case progresses. The emotional impact on anyone is significant, regardless of the tone and type of litigation. When you have an attorney acting as your intermediary, counselor, advocate, and legal advisor, you minimize the impact the emotions of the other "litigant" will have on you throughout the process. Likewise, it will neutralize the emotional impact the litigation, in general, will have on you.

A competent, experienced Family Law attorney is going to give you equal footing or even an advantage over the other party in your legal matter. Having an experienced attorney represent you is going to allow you to have peace of mind in knowing you are doing all you can do in your situation and you can put your energy and emotion into your current days and planning for your future life and happiness. Why would you choose to place yourself at a disadvantage? The perceived cost of hiring an attorney versus self-representation may less than you might think, especially if you consider that cost in the context of all you have to lose and all you have to gain to ensure your rights and interests are protected. Call Moser & Moser, P.A. to speak to an experienced attorney who can effectively help you through this difficult time and help take some of the burden and emotion of your case off shoulders and your mind.

DIVORCE (Dissolution of Marriage):

Divorce is more than a legal problem...it is also a lifestyle as well as life-change. Divorce is essentially the reorganization of your family and your life. You become "single" again; your financial status changes; your relationships with friends, parents, in-laws and even your own children change; your residence may change; you may have less money and income; and your credit may even be harmed. Family Law litigation can be a complicated experience and the trust you place in a particular divorce lawyer can ultimately make the difference in the overall difficulty and cost of your proceedings. We at Moser & Moser, P.A., hold preciously our clients' trust to represent them in such a monumental event in their lives.

If you are considering a divorce, you need to be prudent in what you do. You should address your financial assets and ensure that you are protected financially before, during, and after a possible divorce. It's time to act in your best interests. You should take steps immediately to protect your money and get control of your financial situation not only for yourself, but for your children. If divorce has become an unfortunate reality in your life, you should talk to a divorce lawyer. Divorce is an endeavor that is much more complicated than most people believe and, at Moser & Moser, P.A., we will help you understand all the issues related to your particular situation.

Remember, you have to live with the consequences of your actions before, during, and after a divorce, which is especially important when there are children involved. As your divorce lawyer, our approach involves tackling the business aspects of your case while making sure we are sensitive to the emotional aspects you're dealing with in a comfortable environment that exemplifies respect, professionalism, and sound reason. We want to guide you through your divorce with the minimal amount of financial and emotional harm possible to start your new life in the best posture possible.

Many divorce and Family Law matters, though still emotional, are handled in a business-like manner and a marriage is terminated or an order is modified without too much acrimony and time passing. Unfortunately, some cases involve a high amount of conflict between the parties. The conflict in these cases typically stems from the parties' unwillingness to cooperate with each other and may include disagreements about money, their children, or simply the change in the relationship. Your attorney should never be the source of the conflict in your case. At Moser & Moser, P.A., we handle Family Law cases in many areas including high conflict divorces and other types of Family Law matters where there is potential for hostility between the parties and strive to ameliorate such feelings. Likewise, we also engage in "collaborative" approaches to marriage dissolutions to resolve all issues in a constructive and supportive manner between the two parties. When necessary, we work with mental health professionals including parent coordinators, counselors, and custody evaluators to help clients cope with the changes they are dealing with and the stress of a high conflict case as well.

At Moser & Moser, P.A., we also understand that children are affected by any divorce case and even more so during  high conflict situations. We sympathize deeply with children whose parents are divorcing and we sensitize the parties to the impact on the children throughout the divorce process. Divorce, especially with continuing conflict, most assuredly affects children’s lives. We have guidelines and suggestions we can present to parents to help minimize the impact of the divorce and conflict on the children. We will help you do what is needed to eliminate as much conflict as possible and to help you deal with the stress of your case and the impact it could have on your family. We believe it's possible to achieve a suitable solution to any situation and a person can return to the happiness they desire in their lives and their children's lives.

FAMILY PLANS for Children of Divorce - Parental Responsibility, Time-Sharing, & Support:

Florida courts no longer award “child custody” and “visitation” to parents after changes in law that became effective on October 1, 2008.  Prior to this law change, it was common in divorce for one parent to be awarded primary physical custody of the children. The other parent was typically awarded visitation time. In lieu of this former practice, a “parenting plan” which the parents agree to, or which is imposed by the court, will govern the parenting time involved by each parent after the divorce and is still a child custody & support type of document. Florida family courts will now, however, presume that both parents will share parental responsibilities. This reflects a nationwide trend toward co-parenting.

The Parenting Plan will include details concerning parental responsibility and decision-making, a time-sharing schedule, and  financial support & responsibility. There can be Final Parenting Plans, Temporary Parenting Plans, and Modification of Parenting Plans established by the court. The parenting plan can be brought to the court in the following ways:

·             1.) With the agreement of the parties

·             2.) By or on behalf of one of the parents

·             3.) Established by the court

Several factors the court will consider (if an agreement cannot be reached between the divorcing parties) have changed from the former law and many will certainly have an impact on families. We are familiar with Florida's new Parenting Plan laws here at Moser & Moser, P.A., and we can help families who are making important decisions regarding their children.  A parenting plan is an entirely new way of dealing with "child custody" issues and it is very important that you speak with an experienced family law attorney before attempting to tackle them alone. You want to maintain control over the decisions that will affect your children's futures; don't abdicate that control to the courts by default by having an "all or nothing" approach. This latter approach is unrealistic and a novice mistake and, absent unusual and extreme circumstances, is one that is not supported by Florida's statutes or conventional judicial philosophy. An experienced family law attorney can help you maintain your control & decision-making power over your children by helping you negotiate the best possible results for the futures of your children.

MODIFICATIONS:

Florida law recognizes the need for many divorced spouses to change the terms of their payment and visitation terms for various reasons, but generally requires a "substantial change in circumstances" and a showing of the change being in the "best interest of the children" to warrant granting the change requested.  This means that the court must be presented with a strong showing of changed circumstances in order for it to grant a motion for modification of any of the provisions of the divorce decree.

Where the request for modification is based on changed financial circumstances, typically, the court will want to see at least a 15% change in the payor's ability to make payments. A change this substantial can be based on upward or downward changes in income, unavoidable increases or decreases in living expenses, or other significant changes. We represent either the party seeking the modification or the party opposing it. In either case, we will make sure you understand your rights as well as your responsibilities under the law while helping you achieve your objectives to the extent allowable by law.

Post-decree modification of divorce terms concerning custody and parenting time can also be necessary if one parent or the other plans to move to a new residence in a distant city or another state. In cases involving relocation, the parent proposing the move must give the other parent advance notice, and the parents will usually reach an agreement on such matters as visitation, travel expenses, or revisions to child support obligations. The law in the area of relocation has changed since October 1, 2009.

For more specific advice about your situation when facing the need to modify the terms of your decree pertaining to alimony, child support, or parenting time, contact a Family Law attorney at Moser & Moser, P.A.

PRENUPTIAL AGREEMENTS:

Florida is an equitable distribution state, meaning when you file for divorce, the court will divide the assets and liabilities 50/50 unless a party argues for a different distribution percentage.  By having an Prenuptial Agreement (also known as a antenuptial agreement or “prenup”), parties can determine before they marry how their assets and liabilities will be distributed should a divorce occur.

A person should have a Prenuptial Agreement if you:

·  Have assets such as a home, stock or retirement funds;

·  Own all or part of a business;

·  May be receiving an inheritance or money, property, or valuable item;  

·  Have children and/or grandchildren from a previous marriage; 

·  Or your future spouse is much wealthier than the other;

·  Or your future spouse will be supporting the other through college; 

·  Have loved ones who need to be taken care of, such as elderly parents;

·  Have or are pursuing a degree or license in a potentially lucrative profession, such as medicine or law; or 

·  Have the potential to see a big increase in income because of some foreseeable (or unforeseeable) reason, such as your business is taking off, or

    you are working on an invention, or you have a particular talent.

You should have a Prenuptial Agreement to establish your own rules for property division and avoid to potential disagreements in the unfortunate event of a divorce. In the end, you save money on attorney’s fees, same time spent in court, and reduce the level of emotional distress you could experience litigating these issues in divorce court.

A Prenuptial Agreement can do a wide variety of things to ensure that your assets are protected and it ensures full financial disclosure prior to a marriage. Some of the goals a Prenuptial Agreement can accomplish are that it can protect the inheritance to children who are born before the marriage as well as protect family heirlooms, such as antiques, jewelry, and other personal items. You can also protect property you may inherit during the marriage and you can distinguish what will be considered "joint" property and what will be considered separate property in the marriage. A Prenuptial Agreement is a way to pre-determine the division of assets and liabilities in the event of an impending marriage being dissolved in the future. There can be a variety of monetary agreements involving assets, such as retirement benefits and bank accounts, and liabilities, such as bills, loans, mortgages, and taxes.  A business owner can ensure that his or her business interests, ownership, and assets are protected. A Prenuptial Agreement can also make non-monetary arrangements as well such as who will get a pet or who will have the responsibility for certain duties. It is important to note, however, that a Prenuptial Agreement cannot dictate child visitation, child support, and child custody issues.

To have a valid Prenuptial Agreement drafted to your specific needs and circumstances, please contact us at Moser & Moser, P.A., to protect your interests, property, and future.

Call us at 321.733.7303 for a FREE consultation with a Family Law Attorney. We'd be honored to help you.

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MOSER & MOSER...protecting your rights, interests, & pursuit of happiness.

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Our Melbourne Office is centrally located to serve all of Brevard County in Family Law Matters.

We serve clients from Melbourne, Palm Bay, Rockledge, Viera, Merritt Island, Cocoa, Cocoa Beach, Patrick Air Force Base, Satellite Beach, Indialantic,

Indian Harbor Beach, Melbourne Beach, Malabar, Palm Shores, Titusville, Sharpes, Port St. John, Grant-Valkaria, Micco, and Mims,

or wherever you may be, including out-of-state clients, and need legal assistance in Brevard County, Florida.