Law Office of Michael D. Weinstock, P.A. - Niceville, FL

Law Office of Michael D. Weinstock, P.A. is a multi-faceted law practice of several areas: probate administration (formal and summary) child support and custody, timesharing issues, divorce (civil and military, contested and uncontested), wills and criminal law.

The lawyers and the certified legal assistants in the Firm are committed to render to our clients the very best legal services possible. Our staff possesses high academic credentials and are dedicated to the pursuit of excellence, both in court and out of court. We communicate effectively and strive to keep our clients fully informed of our activities. We practice the strictest personal and professional ethics as well as the utmost concern for our clients.

Our staff specifically focuses on each client's background, needs, and goals, and we are committed to keeping you informed regularly and to minimize and eliminate risk by informing you of significant changes in the law.

Probate and Wills

We are able to take care of most estate planning needs. We prepare wills, durable powers of attorney, advance medical directives, living wills, and health care surrogates.

We are able to handle the probate of estates of any person who is a resident of Florida at the time of his or her death or owns real property in the State of Florida. We handle all administrations including summary and formal.

Our firm has handle thousands of summary and formal administration cases throughout the State of Florida. We specialize in remote cases. We can handle your case fully through email, telephone, ZOOM and e-signatures without the need for you or any member of your family to come to our physical office.

Estate planning involves the management and disposition of your property during your lifetime and after your death. A proper estate plan will:

• Distribute your assets to your chosen beneficiary.
• Nominate the guardian of your child and your child's assets.
• Provide for the care of your child, your care, and management of your assets in the event of an incapacitating illness or accident.
• Provide for your life support preferences.
• Save your heirs time and money.

We can help. Don't neglect basic legal needs for yourself and your family. The most lasting legacy you can give your family is the security that comes from the decisions only you can make. Don't put off these crucial decisions.

We represent executors, family members, beneficiaries and other interested parties in will contests and other estate litigation under Florida probate law. To discuss your probate or estate planning needs with our office, email our office at aaron@michaelweinstock.com or call us at 850-729-7770.

Our office offers FREE consultations for probate and estate planning matters! You can also text us at 850-935-0001 and we will respond within a couple of hours.

Uncontested Divorce

Uncontested divorces in Florida can be overwhelming for a lot of people. There are numerous forms, procedures, rules and policies that must be adhered to and can be extremely confusing to someone that does not practice this on a daily basis. Our office has handled thousands of uncontested divorce cases in all 65 Florida counties and can help you relax from your already extremely stressful situation. Our office has streamlined the entire process and we handle all the paperwork from beginning to end. Our office is flexible for our clients and we can handle everything through email, telephone, text, e-signatures, ZOOM and regular mail service.

Our office handles ALL the paperwork for you including, but not limited to, the Petition for Dissolution of Marriage, Financial Affidavit, Marital Settlement Agreement, Parenting Plan, Child Support Guidelines Worksheet, UCCJEA Affidavit, Final Judgment, Waiver of Mandatory Disclosure and more. We understand you are going through a lot right now, and our office takes great care to reduce this stressful step in your divorce journey.

Most uncontested divorces do not require a Court appearance and can be completed within 60-90 days with both parties expedient compliance with signing documentation.

Our office offers FREE consultations for uncontested divorce mattes! To discuss your uncontested divorce questions, email our office at aaron@michaelweinstock.com, call us at 850-729-7770 or text us at 850-935-0001.

Family Law, Divorce, Child Custody, Timesharing, Child Support, Relocation and Department of Revenue issues

Our firm handles a full range of domestic relations matters, including premarital agreements, divorce, child support and child custody and visitation, paternity, temporary orders, relocation, no contact orders, and temporary protection orders.

Florida is a "no fault" state, which eliminates the necessity to prove cruelty, adultery, etc, in order to obtain a divorce. As a result the most common ground for a divorce is the phrase "irretrievably broken". This phrase is used to describe a relationship that has no possible expectation of being put back together as a result of conflict between the parties. You must have a fundamental belief that your marriage is beyond help, and be able to tell us factually why that is. In certain cases it may also be helpful to allege other grounds. We will discuss with you what these grounds are and if they are relevant to your case prior to the filing of your Petition.

Our first step will be the preparation and filing of your Petition or other documents, or responding to a Petition or other pleading which has been filed by your spouse. A Petition is a legal document, which begins the divorce process by creating a case and giving certain details about your marriage and how you wish for it to be dissolved. The Petition states the names and ages of the Husband, Wife, and all children born or adopted during the marriage; when and where you were married and when you separated; that the residence requirement has been satisfied; and that your marriage should be dissolved. It may request custody of any minor children of this marriage and a determination of visitation rights, and an award of alimony and child support, property division, attorney's fees and court costs. If your spouse has already filed, be sure to bring a copy of the Petition, especially if the sheriff has served you.

As part of a dissolution of marriage proceeding, the court will often make a determination as to the parent or parent's rights and obligations regarding the minor children. There are at least three significant issues here: 1. Primary residence, 2. Shared parental responsibility, and 3. Visitation/ contact rights. The courts now refer to custody as "primary residential care", i.e. who the minor child or children will live with most of the time. The other parent is sometimes referred to as the "non residential" or "secondary parent." There are many variations to these arrangements such as "shared" or "rotating primary care". Shared parental responsibility generally means that each parent will have an equal say in the major decisions affecting the welfare of the minor children. Sole parental responsibility is awarded to one parent in limited situations. Visitation is now more appropriately referred to as "contact", i.e. the time the non residential parent spends with the minor child or children. There are many variations and arrangements here also.

The Court determines the basic child support obligation based on set guidelines. The Court, at its discretion, may raise or lower the guideline support amount based upon the schedule that you and your ex spouse share, or under other situations that we can discuss. Additional adjustments may be made under exceptional circumstances. The Court can require support of a normal healthy child only until the age of 18 or graduation from high school with provisions for college only available under mutual agreement. If you have a child with mental or physical disability, be sure to let us know, as it may be possible to have support continue after this child becomes 18.

There is no fixed way to determine how you or the Court should divide the property. One thing is clear: Liabilities as well as assets must be considered. Other factors include the nature and extent of the property and the duration of the marriage; the economic circumstances of each spouse. In some cases, gross misconduct by a spouse (such as supporting a mistress) can be considered. If you and your spouse can agree, and if your agreement is reasonable, it will be approved by the Court. If you cannot agree, the Court will divide the property. It is always best to settle between the parties as long as the settlement is fair.

Mediation is a process by which both parties and their lawyers meet with an neutral trained mediator to try to resolve issues in the divorce. A mediator is not a judge and cannot decide a case. Mediators are paid by the parties at the time of mediation and are used primarily to help the parties discuss and resolve issues of support, custody, alimony, and property division. Mediation is almost always helpful and will be required prior to any hearing. It can last a few minutes or several hours.

The exact fee we charge will vary with the services you require and is always calculated at an hourly rate. If you have an uncontested divorce your cost will be significantly less than the cost incurred for pleadings, motions, mediation, etc., as required in a contested matter. Our services will take you from your initial consultation through the preparation and filing of your Petition (or Answer); the arranging for the sheriff to serve your spouse with a copy of the Petition (if necessary); obtaining information from your spouse and you concerning your assets, liabilities, income and expenses and making recommendations concerning property income expenses and support; negotiation with your spouse's attorney; preparation or review of Property Settlement and Support Agreement; preparation or review of Divorce Decree; and attending Court hearings to have the case disposed of.

Where one party is secreting assets, there may be additional fees charged for other services that may be necessary depending upon your facts, including: Guardian Ad Litem, Psychologists, Financial Experts and Accountants, and Investigators.

Criminal Law

We work hard defending the rights of clients accused of criminal offenses at every stage of the case from initial accusation or arrest through and including trial and appeal. Our firm has experience dealing with law enforcement investigations, bond hearings, and pre-trial motions. We keep abreast of current legal developments so that we can draft persuasive motions to suppress evidence and other pre trial motions. We are skilled negotiators who will attempt to negotiate a settlement of your case before trial if it is in your best interest and after we obtain your informed consent. However, we are prepared to go to trial and vigorously defend you when that is in your best interest. The firm represents clients in the following areas:

Criminal Defense Crimes Against Persons including aggravated battery, aggravated assault, battery on a law enforcement officer, resisting arrest, kidnapping, carjacking, robbery, burglary, firearm offenses, arson, domestic violence, battery and assault.

Criminal Defense White Collar including embezzlement, perjury, money laundering, larceny, wire fraud, mail fraud, bank fraud, insurance fraud, tax fraud, theft, forgery, credit card fraud, counterfeiting, extortion, environmental crimes, identity theft, computer crimes, and computer fraud.

Criminal Defense Sex Offenses including sexual battery, rape, child molestation, indecent exposure, possession or distribution of child pornography, lewd conduct, sexual activity with a child, internet sex offenses, prostitution and solicitation, sex offender registration and Jimmy Ryce Act proceedings,

Criminal Defense Drug/Controlled Substance Offenses including trafficking, fraudulent prescription cases, sale, distribution, possession, delivery, importation, smuggling, possession for sale, cultivation or manufacturing of ecstasy, cocaine, methamphetamine, designer drugs, marijuana.

Criminal Defense Juvenile Crimes including delinquency, driving offenses, false identification offenses, trespass and underage drinking.

Criminal Defense Felony and Misdemeanor Traffic Offenses including leaving the scene of an accident, driving while license suspended and reckless driving.

Sealing / Expungement of Criminal History Records

DUI

Violation of Probation /Community Control