CHILD CUSTODY AND CHILD SUPPORT ISSUES IN MILITARY DIVORCES

Child Custody is one of the biggest issues to consider in any Florida divorce, and Florida military divorces are no exception. However, a military member’s Florida divorce may be affected by special custody concerns. Our Florida Military Divorce attorney at The Law Office of John Vernon Moore, P.A. discusses the child custody issues in military divorces.

Florida Child Custody and Military Divorces

Custody is one of the most important considerations in any divorce. Some special considerations that pertain to military families, such as deployment, leave, and relocation, make things even more complicated. When deciding what is best for any children involved, the court will consider all of the circumstances.

The court will check to determine if the military member is regularly deployed when it comes to deployment. In most cases, the court will rule that the child’s best interests are served by living with the parent who is not deployed. This is because it usually gives the youngster greater stability in his or her life.

The service member’s parental rights will be safeguarded while he or she is deployed in a military divorce. During a deployment, Florida law states that custody arrangements cannot be amended in any way. The sole exception is if the modification hurts the child’s health or best interests. For an exception to take effect, it must be shown to the court.

Sharing Time With Children

A Florida military divorce lawyer can assist you with child custody (also known as time-sharing) concerns with the military spouse. In most cases, only the child’s parents are allowed to enter into time-sharing agreements. A parent may enable a family member, person connected by marriage, or step-parent of the deployed parent to engage in time-sharing if one of the parents is deployed for at least 90 days. You can challenge the third party’s time-sharing by demonstrating that it is not in your child’s best interests.

Relocation of Parents in a Florida Divorce

In a Florida military divorce, if one parent intends to relocate 50 miles or more, court approval or consent from the other parent is required. Regardless of which parent wishes to relocate, these criteria must be met. Until proven differently, Florida courts assume that having both parents around the kid is in the child’s best interests.

Under Florida law, if a military member gets orders to move, he or she is not exempt from this duty. To resolve the relocation dispute, the service member must either obtain the approval of the other parent or go to court.

Child Support Orders 

In a military divorce, both parents are obligated to pay financial support for their children, just as they are in a civilian divorce. However, commanders of the military spouse may be authorized to take measures against a military service member who willfully ignores his or her family in the event of a military divorce. A parent who is entitled to child support may be capable of writing to a commanding officer, producing the court order, and requesting that the officer take further action if the child support order is not followed. This allows custodial parents more alternatives when it comes to child support, but only after they’ve gone through the legal system to receive the order. Without a court order for child support, a partner’s commanding officer will be unable to assist you, so if you are experiencing trouble receiving child support and have not yet sought payment via the courts, it is critical to seek a family lawyer.

The state of Florida has particular formulas for calculating child support. If you’re getting divorced and have children, the family lawyers at The Law Office of John Vernon Moore, P.A. will help you figure out how much your children may be eligible to receive.

Contact our Florida Military Divorce Attorney

Military life is quite demanding, and it may put a lot of strain on a marriage. Our Florida military divorce lawyers at The Law Office of John Vernon Moore, P.A. handle clients on all sides of these issues. We have the knowledge and empathy to help you through this tough time, whether you are a military member or a spouse, the one seeking a divorce, or the one who has served. Contact us today if you’re based in Florida.

During a divorce, distributing marital assets may be a difficult and time-consuming procedure. Many married couples nowadays hold a closely held business, which might be one of the most significant assets in their marriage. When a family-owned business is involved in a divorce, it adds a particular set of complications to the divorce proceedings.

If you and your spouse own or manage a business together, splitting what may be your most valuable asset during a Florida divorce can be a hard, time-consuming, and costly process. When a marital business is involved in a divorce, the divorcing spouse must not only carefully appraise the business but also agree on how it should be distributed.

If your divorce concerns a marital business that must be shared between you and your spouse, it is recommended that you obtain legal advice from The Law Office of John Vernon Moore, P.A. in Florida.

Business Valuation

Before dividing the business, it is important to know its value. In a divorce, there are various alternative ways for valuing a business, as follows:

• Approach based on income
• Asset-based approach
• An approach centered on the market

The income-based approach values a business by looking at its historical and present earnings, as well as expected future earnings. The asset-based approach determines the worth of a business based on its assets minus any liabilities.

The market-based approach compares a business’s value to that of other similar enterprises sold in a free market system to assess its worth. A business valuation specialist will look at previous sales of firms that are comparable to yours. When a firm is relatively distinctive and there are no similar sales, problems occur.

Division of a Business

During a divorce, Florida law stipulates an equitable distribution of marital assets. To put it another way, marital assets should be distributed 50/50. Stocks, bonds, real estate, and any other item acquired during the marriage – even a business – are all included. A business is a valuable asset that should be handled in a divorce settlement or judgment.

Business interests, especially if you formed the business together, might be considered marital property. This means you’ll have to figure out how to split your interests equitably given every one of your other marital assets.

The following are the three most common ways that couples divide a business they own.

• One spouse purchases out the other — Couples might decide that one of them will operate the business while the other pursues a new opportunity. In this case, one spouse will have to purchase the business interests of the other. They can accomplish this with cash or other forms of compensation. If the spouse does not have the financial means to purchase the other half of the business, they can figure out another arrangement. For instance, one spouse may receive the business in exchange for the home or other valuable property, while the other spouse receives the home or other valuable property.

• You maintain operating the business together — in a divorce, one owner does not have to give up their portion of the business. If your divorce is peaceful and friendly, you may decide that working together after your divorce is doable. If there is no marital discord, some individuals may even be able to work better together.

• You sell the business and split the money — divorcing business owners may opt to sell the entire business at market price and then divide the money fairly. If either partner wishes, they can then utilize the money to establish their own business.

Can I sell my business before divorce?

Yes, anything you do before a divorce that isn’t deemed “marital waste” is entirely OK. If you sell the business, however, the proceeds would very certainly be considered marital property, and your spouse will be entitled to half of the selling proceeds.

Contact our Florida Divorce Attorney

Divorce may be a tough process to begin. It is one of the most stressful things a person can go through. It is critical to have a guide who can assist you in identifying your rights and duties, which you may neglect if you attempt to do it on your own. You’ll need an attorney at The Law Office of John Vernon Moore, P.A. that specializes solely in family law and divorce because you’ll need someone who knows all there is to know about divorce.

BENEFITS OF COLLABORATIVE DIVORCE

Many individuals inquire about collaborative divorce, but few are aware of the specifics of the procedure. You and your spouse both work with their independent attorney in a collaborative divorce. Other specialists, including mediators, financial consultants, and mental health professionals, may be included in the process. Collaborative divorces are distinguished by the fact that both parties and attorneys must sign an agreement known as a participation agreement, in which everyone agrees not to file a divorce action in court until the matter is properly settled.

Collaborative divorces are very common in Florida now and if you’re seeking one, you must contact the Law Office of John Vernon Moore P.A. in Florida. Our experts further discuss the benefits of a Collaborative Divorce.

Benefits of a Collaborative Divorce

Collaborative divorce has a lot of potential advantages for both parties. One of the most important advantages is the ability to keep the procedure private. Both parties agree to keep all elements of the procedure and settlement quiet, and there is no public record available because it was not filed with the court. Divorce gives couples little control over the length of the procedure or the result of their case. You won’t have to wait for a long court date, worry about scheduling, or deal with several continuances if you go through a collaborative divorce. Instead, the procedure is carried out exclusively by the parties involved, resulting in a more efficient and simplified divorce.

Collaborative divorce has the advantage of avoiding lengthy and tedious judicial fights between former spouses. The anxiety and energy required to go to court and debate with your ex in front of a judge or jury to decide who gets what in your divorce is one of the toughest parts of the process. Collaborative divorces are significantly more polite and allow you to collaborate with attorneys to reach an agreement that is acceptable to both of you. Collaborative divorce can help you save time and move things ahead more quickly. You can move the procedure ahead considerably faster because you aren’t restricted by multiple court timeframes and hearing dates. In general, individuals resolve their divorces far faster than they would if they went through traditional litigation.

During the collaborative divorce procedure, specialists are utilized in addition to your spouse and your respective attorneys. After a divorce, vocational specialists can advise on whether a spouse can simply return to the workforce. A child development specialist might also help with custody concerns. Throughout a collaborative divorce, these experts may be contacted during the litigation process, but they are more heavily depended on during the collaborative divorce process. These specialists will not only offer valuable information, but they will also assist in maintaining emotional control during the procedure.

Because you aren’t paying for high-cost fees like specialists and formal court process prep work, you could save a lot of money if you choose collaborative divorce. Instead, you and your spouse agree to meet with any relevant specialists, such as mental health experts, financial assessment experts, and others and share the costs. This is not like a regular divorce when each of you would hire your expensive specialists.

Because collaborative divorce is a consensual procedure that both couples agree to, attitudes are often different. As a result, they are more willing to work harder to reach a decent agreement and respect it once the divorce is finalized.

Contact our Florida Collaborative Divorce Attorney

Regular divorce processes may soon become chaotic and unpleasant. In a regular divorce, you are publicly opposing your ex in court, but in a collaborative divorce, you are cooperating with them. This will make it easier to move into a healthy relationship once the marriage ends, and it will also help your co-parenting abilities if you and your ex-spouse have children together.

Divorces may be extremely stressful on your mental health, therefore opting for a collaborative divorce, which is easier and less unpleasant than a regular divorce, can significantly improve your mental health. If you are going through a divorce, having an experienced and qualified family law attorney from The Law Office of John Vernon Moore, P.A. in Florida on your side will assist guarantee that you are safeguarded throughout the proceedings.

When it comes to divorce, service personnel and non-military spouses have a unique set of problems that civilians do not experience. Divorce is a difficult process, and it is made more difficult in the military. When seeking to represent a service member or a non-military spouse, even experienced family and matrimonial lawyers may find themselves at a disadvantage.

Military divorce lawyers at the Law Office of John Vernon Moore P.A. will assist you to avoid the difficulties that military families confront in their legal matters. The split of property, where to do divorce filing, military pension and disability pay, child custody, and child support are all potential hazards. The Law Office of John Vernon Moore P.A. has a team of attorneys that can assist service members and their non-military spouses in Florida. We can assist your attorney on the subtleties of military divorce, child support, and retirement or veterans’ compensation difficulties if you are based elsewhere.

Florida Military Divorce Jurisdiction

The issue of jurisdiction is of utmost importance in a Florida Military Divorce — that is, the ability to make decisions directly against the non-filing party.

Military divorces are subject to the same jurisdictional requirements as civilian divorces for the Florida courts to have jurisdiction over your marriage and the ability to dissolve it; particularly, one party must have lived in Florida for at least 6 months previous to the filing date. No problem if you or your spouse are physically present in Florida for 6 months previous to filing — Florida has jurisdiction over the topic – your marriage – and the authority to make a final judgment of dissolution. What if a service member’s “home state” is Florida but he or she is stationed in another state or country? If you are temporarily deployed in another state and fulfill the jurisdictional criteria for that state, you can file in that state or Florida, presuming you were a 6 month Florida resident previous to being deployed and intend to return to Florida when the deployment is over.

Outside the country

Florida would have jurisdiction over the marriage but not over the spouse, which means the court would not have the legal right to split assets or grant spousal support (should the military member filing in Florida be seeking alimony). When there are children from the marriage, the same issue arises. Child custody jurisdiction in the context of a military divorce may be tricky, which is why hiring a Florida child custody lawyer is crucial. You don’t want to go to a final hearing just to find out that the Florida court has inherent jurisdiction over your marriage or another matter that needs to be resolved. Finally, whether you were married in the military or not, the location of your marriage makes no difference and is not an issue while pursuing a Florida divorce. Our military clients typically file in Florida since it is the most convenient location for them to be divorced, regardless of where they are stationed temporarily.

Protection from Divorce Proceedings in Florida 

You may be entitled to a “stay” of the proceedings (i.e., a temporary suspension of the proceedings) if you are a member of the military and have been duly served with divorce papers. In my experience, I’ve never had to submit a request for a stay in a military divorce case because I’ve never needed to. Military personnel, like the rest of us, simply want their matter settled as swiftly and inexpensively as feasible.

There is, however, assistance available if you are a military member who has been served papers and want to prevent being “defaulted” because you do not answer within the permitted 20 days from service. The divorce case may be postponed for the entire time the active military member is on duty and for up to 60 days afterward, according to federal statutes established under the Soldiers and Sailors Civil Relief Act and at the discretion of the local Florida court. This clause, like most others, can be waived if the military member, like most others in a similar circumstance, just wishes to settle the concerns so that a definitive judgment of dissolution can be recorded.

Pensions and Benefits for Military Personnel

The right of a civilian spouse to a share of a military pension in a divorce settlement in Florida is not based on the length of the marriage. The length of the marriage, however, may have an impact on how the pension is provided to the non-military spouse. The non-military former spouse may get his or her share straight from the government rather than from the former spouse, depending on the length of the marriage and other factors.

The benefit plan is an annuity that allows retired military personnel to give a specified beneficiary with ongoing income in the event of their death. When a military person retires, the beneficiary is automatically listed as their spouse. To modify the specified beneficiary, the service member must contact the Defense Finance and Accounting Service.

In some divorce situations, the service member must continue to offer SBP coverage to the nonmilitary ex-spouse as part of the final decision. However, a court-ordered settlement is insufficient to assure that the non-military ex-spouse is covered. Within the timeframe indicated, the recipient must submit a “deemed election” request. The nonmilitary spouse’s access to the SBP might be forfeited if the tight rules are not followed.

Contact our Military Divorce Attorney

The Law Office of John Vernon Moore P.A. has assisted hundreds of clients, including military people and military spouses, navigate the Florida divorce process over the years. You may rest better knowing that you have a team of legal champions on your side when you engage with our Florida military divorce attorneys.