How a Military Divorce Differs from a Civilian Divorce

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Military DivorceThere’s a lot of conflicting information out there about military divorce. Higher divorce rates among military couples have always been rumored, but the evidence is sparse, and more research is needed. One thing guaranteed in a military divorce is that you will run into issues that civilians never face. A few of the most common issues military members face when divorcing are:

  • How to split a military pension.

The federal government considers a military pension to be a marital asset and allows state courts to treat it as such when deciding how to divide marital property. 

  • Misconceptions about the Ten Year Rule.

Many people mistakenly believe that military members must be married at least 10 years before the spouse has a right to the pension, but this is not true. A non-military spouse may be entitled to receive a portion of their military spouse’s pension no matter how long they were married. The Ten Year Rule only refers to how the pension will be delivered to the ex-spouse, not whether they have a right to it or not. (more…)

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Reasons to Request a Child Custody Modification

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Request a Child CustodyOne of the most difficult parts of any divorce or separation is child custody. No parent wants to think about not being with their children, but this is a challenge a couple parting ways must face. At the time of the divorce or separation, a family court judge will decide how to split the children’s time between the two parents. The judge may choose to award primary custody to one parent with the other parent allowed visitation or scheduled overnight visits; Joint custody awarded to both parents, with the children splitting their time evenly between the two; or, Sole custody awarded to one parent, with the other parent having no visitation rights at all.

There are many factors that the judge will consider when ruling on a child custody hearing. These factors may change at any time, justifying a review of the custody arrangement and possible modifications if it is in the children’s best interests. Just a few reasons a parent may wish to request a child custody modification include: (more…)

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What Rights Do Fathers Have in Florida?

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Fathers have the same rights as mothers in Florida. Under the law, neither fathers nor mothers have any presumptions for or against them when it comes to their children.

But judges are human, and humans have biases. Judges will sometimes rely on their prejudices rather than the evidence presented to them. As a result, you may receive an unfair outcome, even though Florida law establishes a policy against discrimination.

Here are a few of the rights you should expect as a father in Florida.

Legal Custody

“Legal custody” describes the right to have a voice in decisions affecting the child. Legal custody includes decisions about the child’s religion, activities, education, and medical care.

Florida law does not mandate joint legal custody. But in most cases, a father should be able to receive joint legal custody.

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Questions You Should Ask Before Hiring a Family Law Attorney

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The lawyer you choose for your case could have a huge impact on the outcome. Every lawyer has a unique set of experiences, knowledge, and strategies to call upon during a case. You will need to ask the right questions to find the right lawyer for you.

Here are some of the questions you should ask before hiring a family law attorney.

How Much Do You Charge?

Billing is one of the most common disputes that can arise between a lawyer and a client. Asking about fees before you hire your lawyer will help you avoid any misunderstandings about what you will pay for your case.

Most states do not allow family lawyers to charge a contingency fee for divorce cases. Instead, you will probably pay a flat fee or an hourly fee, depending on the case. 

For example, a family lawyer may charge a flat fee to file an uncontested divorce. But if your spouse contests child custody, child support, property division, or alimony, your lawyer will probably charge an hourly fee.

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How Does Divorce and Child Custody Work in Florida?

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If your marriage is about to end, it’s important to understand what will happen next. Life during and after divorce is often easier to manage when you have all of the facts at your fingertips. Here’s what you should know about divorce and child custody in Florida. 

Uncontested Vs. Contested Divorce

Depending on the level of animosity between you and your soon-to-be ex-spouse, you may qualify for an uncontested or contested divorce. 

An uncontested or “simple” divorce moves along at a faster pace and wraps up relatively quickly. However, this type of divorce can only occur under very specific circumstances:

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