A military divorce can have special issues. The most significant of which is the division of military retirement. Many military clients hate the fact that their future former spouse will ultimately be getting a share of their retirement. In fact, many try very hard to avoid it. The simple truth is that dividing a military retirement is like death and taxes, there’s no getting out of it. However, there may be negotiating tools that can be used to try and limit the exposure, despite the law being very clear on this issue. 

“When and how can you break such devastating news about divorce to an impressionable child?  Here are some notes on how to handle the situation tactfully.”

If you are going through divorce in Daytona, and attorneys are being called and consulted on a regular basis, it can be a trying time for everyone involved. As if divorce isn't soul wrenching enough for us sentimental guys, once we realize the effect it can have on our children, it's devastating.  Therefore, it's important that you have a strategy and a plan in mind when it's time to break the news. Improvising this sort of thing is a bad idea and can make matters even worse if your child senses confusion, inappropriate happiness, excessive guilt and so on.  Straight off the bat, it's important to make time to discuss this with your children and to deliver the news well before you separate from your spouse.

Caselaw reflects that evasion of process tends to be used as justification for using alternatives to personal service pursuant to Florida Statutes 48.031.  To establish evasion of process and move on to other means of service, a deputy or process server must affirmatively identify that the person to be served is in the residence while they are attempting service.  Cullimore v. Barnett Bank of Jacksonville, 386 So. 2d 894 (1DCA).  

Hearing noises inside a house is insufficient evidence to establish evasion of service if there is no evidence to show that the process server or deputy knows the person to be served, or another person over the age of fifteen who resides at the residence, is inside.  Id.   No found cases where evading service was directly linked to establishing proper venue.  However, equitable estoppel under Florida Statutes 47.122 has been held to apply to venue decisions.  Triad Discount Buying Services, Inc. v. Special Data Processing Corporation, 761 So. 2d 1181 (4DCA).  Where one party is ready to file suit and is delayed by deliberate tactics of the opposing party  so that the other party may effect service first and  establish venue, transfer of venue is proper in the interest of justice.  Id.

By Kenny Leigh

Sometimes in a family law matter, it is extremely beneficial to have a forensic accountant on your side.  Our firm’s Chief Financial Officer, Stephen Chesney, is just that person.  Whether it is a spouse trying to hide money or an alimony or business evaluation, Mr. Chesney can research, analyze and search for money from all different angles.  Frequently, there needs to be an accounting done for a potential child support arrearage or a child support credit.  The same is the case with alimony.  Our Chief Financial Officer can analyze all of the financial issues in any type of family law matter. 

Enforcement of a divorce decree, or any other final order in family law, is by a motion for contempt.  If a parent is not allowing the proper timesharing, or restricting it in any way, a motion for contempt is used to stop this.  If a court finds that a parent is guilty of unreasonably interrupting visitation or time-sharing or contact, a court could make the offending party pay attorneys fees or even put the person in jail.  Another little known power the court has is to make the offending party do public service such as feed the homeless or pick up trash on the side of the road.  If the interruption in contact is significant and consistent enough, a court can even change full custody through a contempt proceeding.  For more information on child custody and enforcement of divorce decree contact our attorneys in Jacksonville, Fleming Island, Daytona or Gainesville, Florida.

By Kenny Leigh