Divorce Process

Freezing High Conflict Divorce Litigation for the Collaborative Process

I strongly suggest that any person who is in the initial stages of a Florida divorce consider engaging in the collaborative process from the very beginning.  This simply means that each spouses hires an attorney solely for the purpose of helping them reach a divorce agreement.

The attorneys are contractually prohibited from wasting time and money on preparing for trial (90% or so of all divorce cases settle, yet millions and millions of dollars are spent each year preparing for a trial that rarely happens).  Discussions are held in a private, respectful, and transparent atmosphere, and other professionals are brought in as needed to tend to the parties’ financial and emotional needs.

But some clients are resistant to the collaborative process because of perceived cost issues or they feel they need to have a gunslinger to take out their spouse.  And many attorneys will not engage in the collaborative process because litigation work is pretty profitable or they have not invested the time and money in taking an introductory collaborative training.

And so there are plenty of divorce battles going on in the Florida court system.  It is not uncommon for those battles to go on for two, three, four, or more years, and for the parties to spend hundreds of thousands of dollars in attorneys’ fees, expert witness fees, deposition fees, document production fees, forensic evaluation fees, court reporter fees, and so on, and feel no closer to a final resolution of their divorce.

But there is something that can be done to change the dynamics.

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Special Issues in Military Divorce

If you are in a family law matter involving a servicemember, you will encounter some unique issues to which you must pay special attention.

Residency Requirement

Generally, one party to a divorce must have been a resident of Florida for at least six months prior to filing.  However, there is an exception for servicemembers.  A servicemember (or his or her spouse) who is not currently in Florida may petition for divorce in Florida if he or she (i) was a Florida resident prior to entering the military and (ii) never established a permanent residence elsewhere.  Even if the military member had not lived in Florida prior to entering the service, he or she may still be able to file for divorce in Florida if he or she is deployed but has an intent to remain a permanent Florida resident.  Such intent may be evidenced by the following: (i) Florida voter registration; (ii) ownership of a Florida home; or (iii) registration of a vehicle in Florida.

Servicemembers Civil Relief Act

Many of the military issues in a divorce stem from the Servicemembers Civil Relief Act (the “SCRA”).  The SCRA was signed into law in 2003 and updated and replaced the Soldiers and Sailors’ Civil Relief Act of 1940.  Most provisions of the SCRA apply to the following people on active duty:  (i) members of the Army, Navy, Air Force, Marine Corps, and Coast Guards; (ii) members of the National Guard; and (iii) commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration.

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