Tampa Family Law Law Blog

Divorce is often a painful and sad process for families, even when it is the best choice for everyone involved. People considering divorce may feel discouraged at the potential for a long legal battle when they are anxious to just start their new life. However, for many people in Florida, there are other options besides fighting out every detail in a courtroom. Some experts recommend mediation or a collaborative divorce as these alternative dispute resolution options can achieve the same end in a much easier process.

Experts who tout the benefits of a collaborative divorce say that it is an option that is usually less costly than going to court. It involves each spouse working with their respective attorneys out of court to reach an agreement that is amenable to both parties. Other experts might be brought in for specific reasons, such as a child specialist or a divorce coach. Mediation is a similar option where a neutral party can be utilized in order to handle a particular issue, such as child custody. Whereas litigation can be a laborious and expensive process, making any future dealings with an ex contentious, collaborative law can be faster and more agreeable.

In many ways, a military divorce is quite similar to a civilian divorce. You are still dealing with the trauma of a family breakup and the difficult decisions about what to do next. The differences involve the benefits to which you may be entitled if you are a civilian married to a member of the U.S. Armed Services. Some of these benefits require action prior to your divorce, and if you miss the opportunity to apply for them, you may lose them.

Depending on how long you have been married to your military spouse, your benefits may be significant and could include a portion of your spouse's military retirement. Additionally, you want to be sure to understand your eligibility for health care coverage following the divorce. This may be especially important if you have children covered under your spouse's policy.

Florida military families make many sacrifices on behalf of the nation. It is one of the highest callings a person can answer, though it is not without its stresses. Long deployments, moving around frequently and other difficulties can greatly affect family life. A recent study examined various career fields and found that military careers may be disproportionately more likely to factor into divorce. It is unfortunate, but military divorce is a reality for many families.

A recent study based on U.S. Census information found that out of the eleven career fields most likely to experience divorce, three of them are military-related. Those military supervisors who are considered first-line have the highest percentage of divorce, at 30 percent, and the risk rose for those who are under the age of 30. The other two categories are those enlisted personnel who work in tactical operations and air weapons and those in the military with an unspecified rank, including military veterans. The rates for those two categories are around 15 percent. Also, the study found that women in the military in general have a higher rate of divorce.

Money problems are one of the leading causes of divorce, yet few people imagine the potential future money problems they may deal with in their marriage. For these individuals, it can be difficult to reconcile the idea of getting a prenuptial agreement to protect against a problem that they cannot foresee. Married Florida couples can utilize postnuptial agreements to address important issues, such as property division and more.

A postnuptial agreement can address all of the same topics as a prenup, with the one obvious difference being the time at which it is signed -- after already getting married. The typical postnup might include things like personal property, debt, income, expected inheritances and how to divide all of these assets. Even business interests from entrepreneurial pursuits established after saying "I do" can usually be included in a postnup.