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Frequently Asked Questions

When you are facing a criminal charge or a high-stakes family law matter in Florida, you need straight answers. The questions below cover what our clients ask most often about the legal process, what to expect, and how Mayersohn Law Group approaches the cases we take on.
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Mayersohn Law Group did a fantastic job with my divorce. When I had a concern, they addressed it. When I was wondering what they were doing, they were always beyond what I expected. When I was treating something as major and they thought it was minor, they got me past it. I generally do not write reviews, but I am so grateful for the job their team did for me that I had to. Hire that firm.
- David E.

General Questions

What areas of Florida does Mayersohn Law Group serve?

Mayersohn Law Group represents clients throughout Florida, with offices in Fort Lauderdale, West Palm Beach, Boca Raton, Miami, and Jacksonville. We handle criminal defense and family law matters across Broward County, Palm Beach County, Miami-Dade County, and beyond. Wherever your case is being heard in Florida, we are here to help.

Does Mayersohn Law Group handle both criminal defense and family law?

Yes, and that combination is intentional. Many of our clients face situations where a criminal matter and a family law matter are directly connected: a domestic violence charge alongside a divorce, or a financial investigation running parallel to an asset division dispute. Handling both under one roof means your legal strategy is coordinated from the start, not pieced together between two firms that aren’t talking to each other.

How do I know if I need a lawyer for my situation?

If you are asking that question, the answer is almost certainly yes. Whether you have been arrested, served with divorce papers, contacted by investigators, or simply feel a legal situation beginning to develop, the earlier you have an attorney involved the more options you have. Early intervention is the single most consistent factor in better outcomes across both criminal defense and family law. Call us at 954-765-1900 and we will tell you directly whether and how we can help.

Family Law Questions

How is property divided in a Florida divorce?

Florida follows equitable distribution, meaning marital assets and debts are divided fairly in a divorce, but not necessarily equally. Courts consider factors like the length of the marriage, each spouse’s financial situation, and contributions to the marital estate. For high-net-worth individuals, this process often involves business valuations, forensic accounting, and complex negotiations over real estate, investments, and retirement accounts.

How do Florida courts decide child custody?

Florida uses a time-sharing framework rather than traditional custody terminology. Courts determine arrangements based on the best interests of the child, considering factors like each parent’s involvement, stability, and ability to support the child’s relationship with the other parent. There is a presumption toward shared parental responsibility in most cases.

What happens to my business in a divorce?

If your business was started or grew significantly during the marriage, it may be considered a marital asset subject to equitable distribution. This typically requires a formal business valuation and careful legal strategy to protect your ownership interests and operational continuity. How the business is structured and whether a prenuptial agreement exists are both critical factors.

Can my spouse get half of my business in a Florida divorce?

Not necessarily. Only the marital portion of a business interest is subject to equitable distribution. If the business was established before the marriage, predates the relationship, or is protected by a valid prenuptial agreement, your exposure may be limited. However, appreciation in value during the marriage, use of marital funds, and your spouse’s contributions can all create a marital interest even in a business you founded alone.

How do I protect my business before or during a divorce?

A prenuptial or postnuptial agreement is the most reliable protection for business interests. During divorce proceedings, maintaining clear separation between business and personal finances, accurate record-keeping, and working with a qualified business valuation expert are all critical. Early engagement with experienced legal counsel is the single most important step.

Do I need a lawyer if my divorce is uncontested?

Even in uncontested divorces, having an attorney review your marital settlement agreement is strongly advisable, especially when significant assets, business interests, or children are involved. Agreements that seem straightforward can contain terms with long-term financial consequences that are difficult or impossible to modify later.

Will my divorce records and financial details become public?

Florida court records are generally public, but certain financial documents and sensitive information can be sealed by court order in appropriate cases. For business owners and executives concerned about exposing proprietary information or personal finances, working with an attorney experienced in confidential, high-asset proceedings is essential from the outset.

How long does a high-asset divorce typically take in Florida?

High-asset divorces often take longer than average because of the time required for business valuations, forensic accounting, and negotiations over complex assets. While an uncontested case with full agreement can resolve in a few months, contested high-asset cases frequently take a year or more, particularly when valuation disputes or hidden asset concerns are involved.

Criminal Defense Questions

What should I do if I am arrested in Florida?

Remain calm and exercise your right to remain silent. Do not answer questions or attempt to explain the situation to law enforcement without an attorney present. Contact an experienced Florida criminal defense attorney as soon as possible to protect your rights and begin building your defense immediately.

Should I talk to the police if I believe I am under investigation?

In most situations, no. Even if you believe you can clear up a misunderstanding, statements made to investigators can later be used against you. If law enforcement contacts you, requests an interview, or serves you with a subpoena, speak with a criminal defense attorney before responding.

What is the difference between a felony and a misdemeanor in Florida?

Florida categorizes criminal offenses as infractions, misdemeanors, and felonies. Misdemeanors carry up to one year in county jail. Felonies, ranging from third degree through capital, carry state prison sentences and substantially greater collateral consequences, including loss of voting rights, firearm rights, and professional licenses.

Can I lose my professional license because of criminal charges?

Yes. Doctors, nurses, lawyers, financial professionals, business owners, and other licensed professionals may face disciplinary action, suspension, or license revocation following an arrest or conviction. In many cases, protecting your career is just as important as defending against the criminal charges themselves.

Does Mayersohn Law Group handle cases outside Broward County?

Yes. We handle high-stakes criminal matters throughout Florida, including Miami-Dade, Palm Beach, and beyond. Our firm serves clients statewide with the same level of preparation and advocacy regardless of jurisdiction.

Can I go to drug court instead of jail in Florida?

In many cases yes, if you qualify. Drug courts in Broward, Miami-Dade, and Palm Beach counties offer a treatment path that ends in charge dismissal for eligible defendants. An attorney can evaluate your eligibility and advocate for your enrollment from the earliest stage of the case.

Does mental illness affect how criminal charges are handled in Florida?

Yes, significantly. Mental illness can affect competency to stand trial, sentencing, and eligibility for mental health court diversion. These are legal factors your defense attorney should be raising from day one, not after the case has already moved through several stages.

Can mental health or addiction history affect my sentence if I am convicted?

Yes. Mental health evaluations, treatment history, and documented substance abuse struggles can all be presented as mitigating factors during sentencing. Courts in Florida have discretion to consider rehabilitation-focused alternatives, and a well-prepared sentencing presentation can make a meaningful difference in the outcome.

Marchman & Baker Act Questions

How do I file a Marchman Act petition in Florida?

A petition is filed with the circuit court in the county where the person resides. The petition must allege specific facts establishing that the person meets the criteria for involuntary admission, that they are impaired by substance abuse and either pose a danger to themselves or others, or are unable to make rational decisions about treatment. How those facts are documented and presented directly affects whether the court grants the order.

Who can file a Marchman Act petition in Florida?

A spouse, relative, guardian, licensed service provider, or any three adults with direct personal knowledge of the person’s substance abuse may file a petition. For minors, a parent, legal guardian, legal custodian, or licensed service provider may petition the court.

What is the Baker Act and how does it affect my criminal case?

The Baker Act allows for involuntary psychiatric examination under Florida Statute 394.467. If a Baker Act was involved before or during your arrest, it may affect bond conditions, competency evaluations, diversion eligibility, and your overall legal strategy. Tell your attorney about any Baker Act history immediately.

What is the difference between the Marchman Act and the Baker Act?

The Marchman Act addresses substance abuse, alcohol and drug impairment. The Baker Act addresses mental illness, individuals who are a danger to themselves or others due to a mental health condition. When both are present, a coordinated legal strategy involving both pathways, and in some cases guardianship proceedings, may be the most effective approach.

What criteria must be met for a Baker Act in Florida?

Generally, there must be reason to believe the individual has a mental illness and may pose a danger to themselves, pose a danger to others, or be unable to care for themselves safely because of their condition. The determination can be made by law enforcement, a licensed mental health professional, or a court based on a sworn petition.

How long can someone be held under the Baker Act in Florida?

The initial involuntary examination period is up to 72 hours. After that, the person must be released, admitted voluntarily, or the facility must petition the court for involuntary inpatient placement. If a petition is filed, the court holds a hearing at which the person has the right to legal representation and can challenge continued detention.

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