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Orlando Divorce Law Blog

How to file a petition to relocate in Florida

Relocation is a hot topic when it comes to divorce in the state of Florida. Many couples that divorce who have children need to know what it takes to relocate and what they can and cannot do when wanting to relocate. It's best to know the laws prior to making a decision about relocating so that you do not violate them, risking custody of your child in Orlando.

A petition to relocate will be required in the state of Florida if the parents cannot come to an agreement on the relocation proposal. The petition will need to be filed by the parent who wants to relocate with the child. The petition must be filed with the family court and then served to the other parent. Every relocation petition must include the following information:

  • Date that the proposed move will occur
  • The phone number and address of the proposed new residence
  • Any reasons for the proposed relocation. If due to a job offer, the offer should be provided in writing
  • Proposed plan for transportation for the child for visitation purposes
  • Proposed visitation schedule to take effect after the move

Explaining myths surrounding military divorce

There are various differences between living a civilian life and living a military life. One of those differences does not have to do with divorce. Many people have misconceptions about what it is like to get divorced and be in the military. Many people believe the myths that are out there about the military and divorce. Today, we will take a look at those myths and sort them out as best we can.

A common myth is that if a military couple has been married for 10 or more years, the other spouse gets half of the military member's retirement savings. This is not true in the least bit. There is no marriage limit for this. The courts still view the property as marital property, which means they will determine how it all is divided.

Contemplating divorce with your retired spouse

It can be difficult, after many years of marriage, to decide on a divorce and all of the changes that come with it. However, if you are unhappy in your marriage, you may have simply come to the conclusion that life is just too short to not make the important changes that could possibly bring you long-term happiness.

Divorce will be a huge decision, no matter your age or stage of life. Therefore, it is important to base the decision on the current state of your marriage, and the possibility of it improving over time.

Creating a parenting plan post-divorce

Children can be very susceptible to all the changes going on in a divorce. When structure and a certain routine is what they are used to, it can be very upsetting for them when they face all of the changes going on without a strong support system.

It is important, therefore, that you have seamless communication with your children, so that you can explain to them properly what is going on, and what changes they can expect to see in the future. Co-parenting with a former spouse can be challenging; however, with the help of a parenting plan, there can be some consistency in place to help everyone.

How Florida fathers can gain full custody

If you are a father, it can be devastating to feel as though you are not getting the time that you deserve with your child. It is therefore vital that you understand what needs to be done in order to make a compelling child custody case and ensure that your relationship with your child is protected.

If you are seeking full custody of your child, it is important to understand the very specific challenges of this request. It can be difficult for either fathers or mothers to gain full custody of their child, since the judge always prefers to rule for joint or shared custody whenever it is possible. This is because they believe that it is in the best interests of the child to have a relationship with both parents.

Saving the family business during a divorce

If you own a Florida business with your spouse, but are contemplating divorce, deciding what to do about your mutually-owned business may become one of the most contentious aspects of your impending divorce, second only to child custody issues. The longer you have been married and the more successful the business has become, the more difficult it likely will be to determine how to divide its value between you as part of your fair and equitable distribution of property during your divorce.

The other main factor is how tied each of you is to the business. If you both own it, but only one of you actually runs it, things might be easier in terms of deciding what constitutes a fair division of its value and how that division will take place. If the business represents the major portion of your marital assets, however, then you and your spouse must devise a way for the one who wants to keep the business to pay a fair share to the one who would be just as happy not owning it anymore. This can be especially difficult if your other marital assets are insufficient to make a like-kind trade for the fair business share of the departing owner.

Dealing with child custody internationally

Child custody disputes can be heartbreaking enough when they occur within the same town. However, having to deal with a dispute across international borders has the potential to bring on a whole new level of stress and complications. The good news is that since international disputes are becoming more common, there are more legal regulations in place to help parents navigate their custody crises.

You might be in a situation where your children are in a different country than where you reside. You may be unsure of the steps that you need to take to get custody or fear that the other parent is planning to take your children away from you. Whatever the situation, there are solutions to help you achieve your custodial goals.

Understanding how property is divided in a divorce

When going through a divorce, no matter whether it is an amicable separation or a turbulent breakup, it can be stressful to start to think about how you are going to divide all of the assets that you have acquired over the years.

The best case scenario is that the two of you can work out how you want to go about dividing assets between the two of you. However, due to conflict or an inability to agree about who should gain possession of certain sentimental assets, this might not be possible. The following are some basic pointers on how to navigate divorce property division.

Understanding Tricare and military divorce

When a military couple gets divorced, there are often many questions surrounding Tricare, and whether the benefits will live on for both spouses. There are also many questions that arise in regard to what paperwork updates should be completed in relation to Tricare when getting a divorce.

First, it is important to note that the sponsor should make administration updates as soon as possible so that Tricare administrators know about the divorce. This can be done by updating the Defense Enrollment Eligibility Reporting System (DEERS).

Going after hidden assets in a complex divorce

During your marriage, nearly everything you and your spouse acquired became marital property. Now that you divorcing, your shared assets require proper and fair division.

However, you have this niggling feeling that your soon-to-be ex is not coming clean about the assets over which he has control. If that is the case, you can do some investigating on your own before calling in the professionals.


Mercedes R. Wechsler, P.A.
1212 E. Ridgewood Street
Orlando, FL 32803

Phone: 407-440-0878
Fax: 407-839-0263
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