Author: Sidweber & Weintraub, P.A.

Sidweber & Weintraub, P.A. Honored as “Prominent Law Firm”

Posted by on Mar 21, 2017 in Karen Weintraub, Robert Sidweber, Sidweber & Weintraub, South Florida Legal Guide
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Sidweber & Weintraub, PA is proud to announce that our firm has been honored as one of the three top Prominent Law Firms in Miami-Dade, Broward and Palm Beach Counties, by the South Florida Legal Guide!

The partners, Robert Sidweber and Karen Weintraub, are featured in a 2 page feature article in the 17th edition of the @South Florida Legal Guide.  South Florida Legal Guide is a prestigious organization recognized throughout business and legal communities of the tri-county area, including Miami-Dade, Broward and Palm Beach.  To view the entire article, go to https://issuu.com/sflg/docs/2017_south_florida_legal_guide/22

The Board Certified expert family law attorneys at Sidweber and Weintraub, P.A. are specialists in dealing with family law issues, and can provide qualified legal advice as it relates to your matter.

For more information on issues pertaining to Florida family law, divorce, property distribution, modification, prenuptial agreements, child support, timesharing/custody and alimony cases, please call a Board Certified Attorney at Sidweber and Weintraub, P.A., for a consultation.

Permanent Alimony Remains “Alive and Well” in Florida

Posted by on Nov 9, 2016 in Alimony, Florida Divorce, Sidweber & Weintraub
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Though the Florida Legislature almost abrogated permanent alimony in Florida over the past several years, a recent decision from Florida’s 4th District Court of Appeal affirms that permanent alimony remains “alive and well” in certain long-term marriages, in Florida. Florida Statute 61.08 (Florida’s alimony statute) defines a long- term marriage as a marriage that has a duration of seventeen (17) years or more. If a marriage is long-term, there remains a rebuttable presumption in favor of awarding the non-income earning spouse permanent alimony.

On October 13, 2016, the 4th District Court of Appeal overturned a trial court’s denial of Wife’s request for permanent alimony, in favor of an award of durational alimony.  Berger v. Berger, 2016 WL 5940058 (Fla. 4th DCA, October 13, 2016). In Berger, the Husband and Wife had a long-term marriage lasting 18 years.  The Husband was a physician and primary income earner, and the Wife was a “stay at home mother” for nearly the entire marriage, but had a degree in social work. The trial court only awarded the Wife durational alimony for ten (10) years, rather than permanent alimony, reasoning that she “should” be able to obtain employment, as a teacher, within two (2) years.

On appeal, the Wife, in part, argued that the trial court erred in not awarding her permanent alimony, because the Final Judgment failed to reflect that the Court applied the rebuttable presumption that exists in favor of permanent alimony, pursuant to Florida Statute 61.08, in such a long-term marriage. The appellate court opined that the trial court’s findings were insufficient to rebut the presumption in favor of permanent alimony and further found that permanent alimony was appropriate and necessary, based upon the duration of the marriage, the earnings of the parties and the Wife’s educational background.

Despite the trending alimony reform movement and Senate Bill 668 being a “hot topic” in Florida, this case shows that permanent alimony remains alive and well in Florida, pending any further legislative action. The Board Certified expert family law attorneys at Sidweber and Weintraub, P.A. are specialists in dealing with alimony and other family law issues, and can provide qualified personalized legal advice as it relates to your particular matter.

For more information on issues pertaining to Florida family law, divorce, property distribution, modification, prenuptial agreements, child support, time sharing/custody and alimony cases, please call the Board Certified Attorneys at Sidweber and Weintraub, P.A., for a consultation.

What to Expect at Divorce Mediation!

Posted by on Aug 4, 2016 in Divorce Mediation, Robert Sidweber
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In Family Court, in South Florida, parties are ordered to attend Mediation.  Divorce Mediation is typically an in-person conference with a certified mediator, the parties and their respective attorneys to discuss and try to settle the issues of their case, which may include child related issues, time sharing, parental responsibility, paternity issues, property distribution, allocation of debts, alimony or spousal support, child support, attorney’s fees and costs and a host of other issues which typically permeate in a divorce case.

Each party is given an opportunity to explain their side of the case and their views on how the issues should be resolved. Through the negotiation process, the mediator works with the parties to find common ground and provide possible solutions for their differences. The mediator may also meet with each party separately and confidentially in what is known as a “caucus”.

The issues agreed upon are memorialized into a written agreement which is reviewed and signed by the parties. Since Mediation is a voluntary process, if no agreement is reached, the parties will return to Court. Discussions during mediation are considered confidential and cannot be announced or used against any party in court, or otherwise, with certain exceptions noted in Chapter 44 of the Florida Statutes

Deciding upon a qualified family law mediator is a vital step to ensure the most effective use of time and fees incurred in connection with a divorce proceeding.  Mr. Sidweber is a Board Certified expert family law attorney who specializes in dealing with family law issues.

For more information on Mr. Sidweber’s mediation services, or to subscribe to receive priority listings of his availability, email assistant@sidweberlaw.com.  You can also receive updated mediation tidbits by following him on LinkedIn. #divorcemediation

Submitted by Robert W. Sidweber, Esquire

Karen Weintraub Featured at 2015 Trial Advocacy Workshop

Posted by on Jul 27, 2016 in Karen Weintraub
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Karen B. Weintraub, Esquire, was featured as a Workshop Leader at the 2015 Family Law Trial Advocacy Workshop hosted by the Florida Bar Family Law Section held in Ritz Carlton in Miami, FL.

Ms. Weintraub was appointed as a Workshop Leader, and assisted attorneys in the preparation and trial of a complex family law case, based upon her 20 years of experience as a Board Certified Family Law Attorney.  The firm of Sidweber & Weintraub, P.A., is honored to have such a superb leader on our team!

2015 Trial Advocacy

The Board Certified expert family law attorneys at Sidweber and Weintraub, P.A. are specialists in dealing with family law issues, and can provide qualified legal advice as it relates to your matter.

For more information on issues pertaining to Florida family law, divorce, property distribution, modification, prenuptial agreements, child support, time sharing/custody and alimony cases, please call a Board Certified Attorney at Sidweber and Weintraub, P.A., for a consultation.