Florida Divorce

There are a few basic divorce rules that apply to everyone seeking a divorce in Florida, including military families:

• Residency: In order to seek a divorce in Florida, one or both parties must have been a resident of the state for at least 6 months prior to filing.
• Fault: Florida is a no fault state: you do not need to prove that someone was at fault, only that the marriage is irretrievably broken. Mediation: All family law cases will be referred to mediation before the parties see a judge. Mediation offers a great advantage because the couple may be able to come up with much more creative solutions to meet their particular family situation. A judge does not have the same degree of flexibility.

  Marital Property Settlement

  Florida is a separate property state. This means that both parties must prove ownership of a piece of property, or agreement on who will have ownership. People commonly think of property settlement as the division of personal property: Who will live in the home? Who will have the car? How will the furniture be divided? But there are a number of other, longer-term issues that must be considered as well. For example, a spouse is entitled to a portion of the other spouse’s retirement benefits. I can help you understand the full implications of dividing your marital assets equally.

  Child Custody

  If there are children in your marriage, you will be required to attend a mandatory parenting class. If you do not agree on who will receive primary physical custody, a child custody evaluation will be required. The parent gaining primary physical custody will likely also receive child support. Learn more about how I help parents gain and modify child support orders.

  Divorce Concerns of Military Families

  If you are a military family, you will want to work with a divorce lawyer who understands military benefits and pension plans to ensure equitable distribution of property. Other challenges that military families may face include communication problems and deployment issues, wage garnishment concerns for child support payments, and residency requirement questions. Before law school, I spent 11 years in the Army, and I am knowledgeable about all of these issues.
   
  If you are active duty military and have a question about where or how to file for divorce, contact my law office for prompt, professional legal counsel.

  The Law Office of Barry W. Kaufman, P.L.

  1817 Atlantic Boulevard
  Jacksonville, FL 32207
  Map and Directions • E-Mail Me 
  Telephone (904) 348-5669 • Fax (904) 348-5545

  From my Jacksonville, Florida family law office, I represent clients throughout northeastern Florida, in communities such as Jacksonville Beach, Fernandina Beach, St. Augustine, Orange Park, Green Cove Springs, Macclenny, and Ponte Vedra Beach. I also serve military families from all the nearby military installations.

  Duval County • Clay County • Nassau County • St. John’s County • Bradford County • Baker County • Jacksonville Naval Air Station • Mayport Naval Station • Camp Blanding • Florida National Guard Headquarters