FAQ

DIVORCE

Do I have to prove that my spouse is at fault to get a divorce?

No.  Florida law recognizes that in many cases neither spouse is at fault, and in other cases a requirement to allege fault would only result in acrimony.  Thus, Florida is a "no-fault" state.  All that must be alleged is that the marriage is irretrievably broken.

What issues come up in a divorce?

There are many issues that can come up in a divorce, including child custody, child support, property division, and alimony/spousal support.  It is important to ensure that you have an attorney on your side who will guide you through the process and safeguard your interests.

How will the court determine child custody?

Child custody rights are not based on a model, but on the individual circumstances of each family.  Florida courts will establish a parenting plan, which governs parental responsibility and sets a time-sharing schedule for each parent.  The time-sharing is based on the best interests of the children, taking into account many factors, including, among other things, the (i) fitness of each parent, (ii) role of each parent in the child's life, (iii) length of time the child has lived in a stable, satisfactory environment, (iv) parents' work schedules, (v) geography, and (vi) preference of the child (if appropriate).  Our attorneys will take the time to understand your individual needs and goals so that we can prepare strategies tailored to accomplish your objectives.

How will the court determine child support?

Child support is based on statutory guidelines, which consider factors such as the income of each parent, the needs of the child, and the amount of time each parent spends with the child.  We will work with you to secure the best interests of the child as well as your financial interests.

How will the court divide marital property in a divorce?

Property division is based on the equitable distribution of marital assets, meaning that property should be divided fairly.  This, however, does not necessarily mean that assets and liabilities will be divided equally.  Moreover, cases are not so easily decided when couples have inherited property, brought significant assets into the marriage, or have complex estates or debts.  We can protect your rights and evaluate the assets of your estate to ensure that you collect the property you are entitled to receive.

What is alimony?

Alimony is a form of spousal support that is intended to provide financial support to a spouse to ensure an adequate standard of living after the marriage. Determinations can be based on the (i) duration of the marriage, (ii) standard of living during the marriage, (iii) education of spouses, (iv) spouses' work histories, and (v) other factors.  We can help you collect the spousal support you need or defend against unreasonable expectations.  Call now to learn how to protect your financial interests after divorce.

Are "prenuptial" and "postnuptial" agreements enforceable in Florida?

Yes, subject to certain exceptions, both prenuptial and postnuptial agreements are enforceable under Florida law.

Prenuptials or "prenups" define the terms of separation or divorce so that both parties have a clear understanding of their rights and obligations in the event of a divorce.  While the idea of a prenuptial agreement may seem unromantic or even bode poorly for the relationship, it is important to protect your rights and have an open and honest conversation about the financial obligations you will make before marriage.

Postnuptials or "postnups" are agreements, usually made after marriage, but before a divorce. There is no time limitation for creating a postnuptial and you can even have one prepared before you inherit money.  A postnuptial agreement may define financial support, including spousal support or child support and make determinations for child custody or parenting time arrangements.  Whether you have been asked to sign a postnuptial agreement or you want a knowledgeable attorney to draft an agreement to protect your interests, please contact our firm.

MEDIATION

Do you offer Divorce Mediation services?

Yes. We are available to represent all of our clients in mediations.  We believe that every client should approach mediation in good faith and try to resolve their case amicably. We also believe that clients should be ready to try their case if necessary.

In advance of any mediation, we will advise you of your rights, develop a mediation strategy, and help you set goals for settlement.  At mediation, we will help you weigh settlement options, propose alternative solutions, and advocate and negotiate on your behalf.

We will also work to make certain that any settlement agreement protects your interests, the interests of your children, and accurately reflects the terms of the agreement that was negotiated at mediation.

Attorney Richard J. Mockler is a Florida Supreme Court Certified Family Law Mediator and has significant mediation experience.  When working as a mediator, he will help parties devise a solution and resolve divorce issues through settlement and negotiation.  In mediation, the mediator does not decide your case, but will help negotiate an agreement.

ADOPTION

Will you help us find a child to adopt?

Yes.  We can guide you through the process established by the Florida Department of Children and Family Services and help locate a child who is available for adoption.  You will need to attend a ten-week parenting course and submit to a home study where the state makes certain that you have a warm and stable home. Once you have completed the parenting course and home study, we will help you find the right match.

Is it true that a stepparent adoption, close relative adoption, or adult adoption may be quicker than a traditional adoption?

Yes. The state of Florida has several exceptions to expedite the adoption of a stepchild, close relative, or adult.  These include:

• Combining the adoption hearing and parental termination hearing;
• Making the home study optional at the court's discretion; and
• Assuming the required consents are attached, finalizing the adoption as soon as the petition has been filed.

The attorneys at Mockler Law Group understand that you want your relationship formalized as swiftly as possible, and will work diligently toward this end.

FEES

What is your hourly rate?

Our hourly rates range from $175 to $250 per hour.  However, we may be able to agree to alternative fee arrangements.

Do you offer a flat-rate fee for your services?

In many cases, we do. We believe that a reasonable flat-rate fee is appropriate for many services we offer.  This fee structure provides value to our clients, provides predictability regarding the cost of representation, and ultimately increases satisfaction with our services.

What if I can't afford to pay fees?

If you are not able to pay your attorneys' fees, but your spouse or another adverse party has the ability to pay your fees, the court may order the other party to pay your attorneys' fees.  Please contact us if you feel that you cannot afford attorneys' fees but your spouse has the ability to pay.

Do you accept credit cards?

Yes. We accept major credit cards.