Lakeland Family Law Blog

Military divorce differs in some ways from a civilian divorce

While serving on our nation's armed forces is a noble thing to do, frequent moves and long deployments can take a toll on a marriage. Sometimes the stress is simply too much, and military spouses will decide to divorce. It is important for service members in Lakeland, Florida, to understand how a military divorce differs from a civilian divorce, so they can protect their rights.

In general divorce is governed by state law. However, a military divorce is governed in part by federal law and in part by state law. For instance, which court the divorce will take place in and how military pensions are treated during the property division process fall under federal law. However, how and whether spousal support will be awarded falls under state law. The state laws that will be applicable to a military divorce are those in the state where the service member or his or her spouse files for divorce.

What child support deviation factors are recognized in Florida?

Most parents can attest that raising a child costs money. However, it is important that even if a child's parents are not in a relationship with one another, that the child's financial needs are met. Therefore, Florida courts will generally order one parent to pay child support. Florida has a statutory formula for calculating child support. However, courts are able to adjust the minimum award for support based on a number of factors.

First, the court can consider whether there are any extraordinary health care expenses. If the child has an independent source of income, other than Supplemental Security Income, this may also be considered. If one parent has regularly paid the other parent support for a demonstrated need is another factor. Seasonal variations in all parents' earnings and expenses may be considered as well.

What to consider for timeshares in your divorce

During your marriage, your vacation time might have been the best moments between you and your spouse. Any stress that typically came during your time together suddenly disappeared as you enjoyed the luxury and activities present at your resort. You both loved your time together so much that you decide to purchase a timeshare and make it an annual getaway.

A couple of years later, you decide that your marriage is not working out and you decide to file for divorce. In the midst of figuring out who will get the house and who gets to spend more time with the kids, you realize that your timeshare is still up in the air. This can be a difficult asset to figure out between the two of you, so you need to ask certain questions to yourself to help you determine the fate of your original purchase.

Tips for moving through your divorce

Not everyone is ready to move on romantically after divorce. But there are plenty of other ways you can move on from this difficult, stressful time.

If you are divorcing, remember that getting divorced is far worse than being divorced. You’ll make it through this tough time if you can focus on moving on. Here are a few ways you can start.

Should you fight to keep the family home in a divorce?

The family home is the place where pleasant memories are made. For this reason, sometimes when a couple in Florida divorces, both parties wish to be awarded the family home. They may see the family home as both financially and emotionally valuable, especially if they are awarded custody of their child and wish to disrupt their child's life as little as possible. However, there are certain aspects of owning a home post-divorce that each party should consider before deciding whether or not to fight for it.

First, homeownership costs money. Repairs and upgrades will need to be made. The mortgage needs to be paid, as must insurance and taxes. Spouses should keep in mind that once the divorce is final, if they are awarded the family home, they will be responsible for paying these expenses on a single income. Moreover, the mortgage will need to be refinanced following the divorce, so it is solely in the name of the party keeping the home. This means that party must have the sufficient income and credit score for doing so. For all these reasons, each party should first determine whether he or she would be able to afford the family home once their divorce is finalized.

Child custody can be a top concern for divorcing parents

When parents in Florida are going through a divorce, one of their primary concerns will be what happens to their child. Each parent may be facing the fact that there will be times when their child is not in their care, but instead is in the care of their ex. This may lead parents to worry about how they will maintain a relationship with their child post-divorce.

However, many parents may find that, despite a divorce, they are able to establish a child custody, called parental responsibility in Florida, arrangement with their ex that meets the needs of all involved. Since ultimately the best interests of the child must prevail, it is rare that a parental responsibility arrangement will have an all-or-nothing outcome. Instead, parental responsibility will lean towards shared parenting and a plan that allows the child to have a meaningful relationship with both parents.

Four communication pitfalls that can lead to divorce

Poor communication between couples is the leading cause of divorce. When couples don’t feel heard, understood or respected, it creates a fast track to the relationship’s termination. Maybe you learned your communication style from your parents—or from previous relationships. However, since poor communication in relationships is so pervasive, learning through imitation may not be the best approach.

In today’s post, we discuss how to communicate effectively with your partner—and boost your chances of your relationship’s success.

How does child custody work in a military divorce?

Generally, custody arrangements allocate the amount of time and responsibility each parent from a divorced marriage will spend with their children after the couple is separated. But, for divorcing military couples, an unexpected leave may prevent a traditional custody arrangement from doing its job.

If you will be going through a military divorce, you may have custody questions, such as whether sole custody is an option for military members or how joint custody works during a leave.

Major league baseball player faces major child support case

Miguel Cabrera has been a household name for baseball lovers since his debut in 2003. Like many professional athletes, he has struggled with personal matters off the field. Primarily, Cabrera has struggled with alcohol addiction and infidelity, which have resulted in a tangled web of legal matters.

Cabrera’s wife, Rosangel, and mother of three of his children, has remained by his side through alcohol abuse treatment and his upcoming paternity case this November.

How to help your kids express their feelings during divorce

If you are divorcing or have recently divorced, it’s important to have regular discussions with your children about the feelings and thoughts they are having during the transition.

Read on to learn more about the steps you can take to encourage your child to express, accept and resolve feelings he or she may be experiencing after the divorce.

Discuss Your Case With An Experienced Family Law Attorney Today. Call 863-266-4122.

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