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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla EspaƱol.
Showing posts with label Tampa Military Divorce Lawyers. Show all posts
Showing posts with label Tampa Military Divorce Lawyers. Show all posts

Monday, December 12, 2016

Navigating Divorce While Serving in the Military

Anyone with connections to military service knows about the sacrifices such a commitment requires of both the individual in the military and his/her family. Being away from home and loved ones for extended periods with restricted communication is likely to create stress in close relationships and can loosen the bonds of married couples. This stress is even higher when the individual is serving in a combat zone. Unfortunately, these prolonged separations sometimes lead to divorce, and recent tabulations of divorce rates among active military personnel show that while the rate is declining, it is still higher now than it was 15 years ago. Obviously, divorcing while on active duty presents unique challenges that can make the divorce process a little more complicated, but federal and state laws are in place to help military personnel make this transition by affording them special protections and exceptions to certain rules. An overview of how a military divorce differs from a civilian dissolution will follow below.
Procedural Issues
Typically, a divorce petition is filed in a person’s resident state, but active members in the military often do not have stable residency since many live on military bases and are subject to transfer on a regular basis. Consequently, many states, Florida included, will allow military personnel to file for divorce once he/she is stationed at a base for at least six months. Further, if the person lived in Florida prior to the start of military service, and intends to return to the state after his/her service is over, the individual can claim Florida residency for purposes of filing a divorce petition. Of course, if the other spouse lives in Florida, he/she always has the option of filing here.
In addition, because military personnel run the risk of missing filing deadlines due to delayed communication, federal law permits courts to delay proceedings until the active service member’s tour of duty is over, which includes the 60 day period following deployment. This law prevents a court from granting divorce without the knowledge of the individual in the military. Military personnel always have the right to waive this delay if they are the party instigating the divorce proceedings.
Child Custody
Further, once a divorce is granted, the other party cannot petition for modification of parental time-sharing and/or custody if the person in the military is on active duty, which will affect his/her ability to comply with any changes to the established arrangement. In these situations, courts cannot issue new orders related to child custody or time-sharing schedules while the person is on active duty, although judges can order temporary modifications if it is in the best interest of the child.
Property Division
Finally, when it comes to property division, the majority of a couple’s assets and liabilities will be divided according to Florida law, including military retirement benefits for the time the parties were married in which the spouse was in the military, regardless of the time married.  There is a federal law that limits the right of the non-military spouse to the military member’s retirement benefits if the couple was married for at least 10 years, and the military member served for at least 10 years during the same period.  However, Florida law supersedes this law and the amount determined will be paid directly to the former spouse, and not through the military.
Talk to a Divorce Attorney
Going through a divorce is a stressful event in and of itself, but when combined with military service, it quickly becomes overwhelming. Working with an attorney knowledgeable in the law that applies to military divorces is critical to protecting your rights and obtaining a divorce in a timely manner. The Tampa Bay law firm of All Family Law Group, P.A. has the necessary skill in these matters, and can help you through this process.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+

Sunday, December 6, 2015

Florida Military Divorce

The decision to divorce is never an easy and it may be even more difficult when one or both spouses are members of the military service. Divorce can be stressful and confusing, but it is especially complicated for members of the military. There are a number of concerns and considerations that can make divorce more complex in these situations. If you have decided to divorce it is best to speak with a reputable Tampa military divorce attorney as soon as possible.
Jurisdiction Concerns
One of the first questions that may come up in a military divorce is jurisdiction. Jurisdiction refers to the location that governs the divorce case. While a military member may be stationed in Florida, the actual residence may be in another state. Conversely, military members may be Florida residents but are stationed elsewhere. It is important to note that Florida has special rules in place to handle these types of situations.
When the couple has minor children, issues that have to do with them are handled in the state where they have been residing for the past six months. Since service members may be deployed to another location after a divorce proceeding begins, the matter can become more complicated. Under the Soldiers and Sailors Civil Relief Act, a divorce may be postponed while one spouse is actively deployed out of the country. These issues must be discussed with a competent military divorce attorney.
Support Issues
Military branches each have their own guidelines regarding support, which would take effect in cases where there is no other agreement or court order. In addition to support, there are special issues that must be considered regarding military pay and allowances. While military allowances are often tax-free, military pay is not.
There are many types of pay and allowances. Some of the common types of pay include basic, combat, hazardous duty, and flight. Allowances may be made for housing, subsistence, disability, and per diem, among others. Your attorney needs to review the military member’s pay for support and other requirements.
Equitable Distribution of Property
In Florida, as in other states, marital property must be distributed equitably between partners in a divorce. This can be more complicated when it comes to members of the military. The spouse of a service member may be eligible for direct government payment if they meet the 10/10 rule. This states that payment is made if the spouse has 10 years of marriage that overlap with 10 years of active duty service.
Another important calculation must be made in regards to division of retirement pay. Since these issues can be complex they require an experienced military divorce attorney in order to be sure that the matter is properly handled. Otherwise, the circumstances could end up costing you quite a large sum of money.
Help from a Skilled Military Divorce Attorney
If you are interested in a military divorce, it is likely that you have many questions. Meet with a qualified divorce attorney with experience in military divorces. This can be essential in achieving an equitable divorce. Your attorney will guide you through the process from start to finish, ensuring that your rights are protected.
Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+

Tuesday, September 15, 2015

Military Deployment & Child Custody

Child custody issues are complicated. These issues are further complicated when a military parent has primary custody of a child and the military parent is suddenly called to active duty and deployed. Deployment and child custody can pose special challenges for service members. Oftentimes, military parents fear losing child custody if the military parent leaves the child with a stepparent or a relative during deployment and the other parent files for custody of the child. Many states have passed laws that seek to address the unique challenges of military parents who miss visitation or give up custody of their children when mobilized, or placed on temporary duty or deployment.

Service Family Care Plan
A family care plan is critical when the service member has primary custody of a child. A family care plan is a document that explains who will care for the service member’s child when the service member is away for training or deployed overseas. The plan must include critical details about custody including who will have short-term custody of the child when the service member has little or no notice before deployment. Having a family care plan will ease the transition of responsibility when a military parent is away.
It is possible that a parenting plan will need to be modified if a military parent expects to be deployed for a year or longer. Depending upon the length of the expected deployment, courts may allow the service member’s spouse or a family member to be responsible for the child while the service member is deployed. This will allow the child to continue going to the same school and live in the same home. In Florida, the law allows military parents to designate a family member, stepparent or relative to engage in time sharing on the parent’s behalf. This flexibility would allow a military parent to designate grandparents or another family member to time share in their absence and maintain primary custody of the child.
Protection Under the Servicemembers Civil Relief Act
The SCRA protects military service members when they are deployed on active duty. The SCRA provides an automatic stay of 90 days for court and administrative proceedings while the service member is deployed. This type of protection helps a service member if they are deployed and find they are facing a child custody challenge. Additionally, the US Department of Defense USA 4 Military Families initiative engages in advocacy with the goal of ensuring that military parents do not lose custody of their child simply because of their military service. Until laws exist to ensure military parents do not lose custody while deployed are enacted, military parents should seek the advice of legal counsel to ensure they understand the impact their deployment will have on their child custody.
The Tampa family lawyers at All Family Law Group, P.A. are familiar with all aspects of military divorce and child custody. Our office is knowledgeable in the area of military divorce and can help you throughout the process. Contact the Tampa family and divorce lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+

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The COVID-19 pandemic started nearly one year ago and at that time, predictions were being made that it would cause a spike in divorce cases...