Navigating Military Divorce: Understanding Your Responsibilities

October 27, 2023

At LaFrance Family Law, we understand that divorce can be a challenging process, especially for military members and their families. We have extensive experience in military and civilian divorce cases in the Tampa Bay area, and we’re dedicated to providing professional and compassionate support to guide you in understanding the unique responsibilities and considerations that come with military divorce.

The Impact of Military Service on Your Divorce

Divorce is a significant life event, and when one or both spouses are active or retired military members, it can introduce additional complexities. Even if both parties agree to part ways amicably, the military status of one spouse can influence how you file for divorce, affecting issues in your case. It’s crucial to be well-informed about the specific rules that apply to military divorces.

Navigating the Legal Landscape

There are several federal and state laws and military regulations that impact jurisdictional issues in a case that involves a military member. The Federal Service Members Civil Relief Act (2003) requires parties seeking divorce to confirm their military status. It mandates the spouse seeking divorce to confirm their partner’s military status. Consent plays a significant role in military divorce. Your spouse’s agreement to the divorce is crucial, and they must sign a defendant affidavit of consent.

It is important to hire an attorney who understands the intricacies involved in a military divorce case. We’re here to ensure that your divorce proceedings are conducted fairly and efficiently, even if your spouse is unable to attend in person due to their active military service. We will guide you through this process, ensuring that all necessary documentation is completed properly.

The Role of Uniformed Services Former Spouses' Protection Act (USFSPA)

The USFSPA is a key piece of legislation that can impact how your assets are divided, making legal counsel essential. We are well versed in the intricacies of this act and can help you understand eligibility for base privileges, such as commissary and exchange access, health care coverage, and military retirement pay. receiving a portion of your spouse’s military retirement pay requires meeting specific requirements.

Seeking the Right Help

LaFrance Family Law is more than just your typical Florida military divorce attorney, we’re dedicated partners who come from a military family and truly understand the lifestyle of military members to help navigate the complexities of military divorce. With a compassionate approach and a deep understanding of the intricacies involved, we stand by your side, advocating for your rights and guiding you toward a better future.

mother and two daughters dancing together in the woods

Florida Alimony Reform 2023

July 2, 2023

As of July 1, 2023, the Florida Alimony Reform bill for 2023, which has been signed by the Governor, is now in effect and applies to all pending or initiated cases.

Everything You Need to Know About Annulments in Florida

September 29, 2022

Sometimes marriages just don’t work out. If you want to end your marriage in Florida, you either need to get divorced or in some cases get an annulment. Annulments in Florida are not easy to get and require the marriage to be considered void.

If you are wondering whether your marriage qualifies for an annulment, our team of family law attorneys is here to help you understand your options.

father holding a baby in front of a window at sunset

How Florida Court Orders Affect Family Law in Tampa

January 12, 2022

Ever since the upheaval caused by the COVID-19 crisis in 2020, there’s been a reasonable amount of confusion about the Florida court process. We’re here to provide clarity on how Hillsborough County court proceedings are affected by Florida’s COVID-19 orders and advisories.

How COVID-19 Affects Family Law Proceedings in Florida

May 1, 2020

Navigating Florida Family Law During COVID-19

Florida Courts are committed to operating at the fullest extent while still following public safety guidelines. The public has a constitutional right to the courts. According to the most recent COVID-19 order from the Florida Supreme Court, judges are required to do everything they can to allow a case to carry on with the use of technology.

Judges have also continued reviewing non-emergency cases to the extent possible depending on the amount of evidence and number of witnesses.

We’re Here for you through COVID-19

March 23, 2020

Make a Virtual Appointment with LaFrance Family Law

In the wake of the current medical and economic hardship our community is facing, we at LaFrance Family Law want to assure all current and future clients that we are dedicated to making all adjustments necessary to continue moving forward. That means that effective immediately, we will be transitioning to an online meeting format for the foreseeable future.

We are still accepting new clients, and we will make all necessary arrangements to continue helping current clients.

Does Domestic Violence Increase During the Holidays?

December 18, 2019

Understanding how the Holidays Influence Abuse

There is a misconception that domestic violence rates spike during the holiday season – generally from Thanksgiving through the New Year. A rise in stress levels, combined with family spending so much time together, often creates this idea that physical violence rates increase. However, the reality seems to paint a very different picture.

Emergency Child Custody Hearings in Florida

August 13, 2019

How to get Emergency Custody of a Child in Florida

Navigating the Florida legal system can be scary, especially when you’re dealing with a family emergency. The most common form of emergency family court hearing in Florida is over the custody of a child. We’ve laid out a simple guide that will help you navigate the complicated legal process required for acquiring custody of a child in Florida.

According to Florida law, no child custody agreement is ever set in stone. Whether you have majority time-sharing (sole custody) or equal time-sharing (joint custody), custody agreements can always be changed in court. Sometimes, things aren’t as easy as a simple agreement to change the amount of time each parent has with the child. When the safety of the child becomes an issue, an emergency motion to modify child custody is likely the smartest option.

Out of Date Paternity Law Gets New Ruling

July 5, 2018

New Laws for Biological Fathers in Florida

In a big step forward for Florida paternity cases, the Florida Supreme Court ruled that biological fathers should be allowed contact with children born to a woman married to someone else.

In the past, “illegitimate children” were taboo and reliable paternity tests were years away so it was decided that the woman’s husband should be declared the legal father and the biological father blocked from their children’s life. Even when the biological father tried to stay involved, through child support and a general concern for the child’s well being, did not mean they had any rights to that child.

4 Reasons to Hire a Family Law Attorney

May 10, 2018

Why You Need to Hire an Attorney in Florida

It is not unusual for those facing an impending divorce or custody dispute to decide not to hire an attorney. Common reasons people chose not to hire a lawyer include trying to save money, collaborative separation or the assumption they can handle it themselves (often with the help of online resources).

Unfortunately, while this thought process may make sense at the time, there are serious risks when you decide to proceed with divorce or custody proceedings without an attorney.

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