The United States Armed Forces number more than 1.25 million on active duty and approximately 150,000 of this number are deployed overseas. So as one can imagine, when a member of the military is going through a Florida Dissolution of Marriage there are different issues and concerns that are required for a mediator to consider. Our Florida Supreme Court Certified Mediators at Mediation of Coral Springs, Inc. understand and recognize these issues.
Mediation of Coral Springs, Inc. is experienced in dealing with the interplay between the Federal laws and Florida laws and rules. For example, there are laws which have been enacted in order to protect those military members who are on active duty from being blindsided by the entry of a default judgment due to a lack of knowledge that his or her spouse filed a Florida Petition for Dissolution of Marriage.
In divorces cases where children are involved and time-sharing issues are involved, our Florida Supreme Court Certified Mediators can guide a spouse who is already or me be deployed in the future to review Florida Statute § 61.13002 (2) which allows the parent who is “activated, deployed, or temporarily assigned to military service on orders in excess of 90 days’ and whose ability to comply with time-sharing is materially affected as a result” to “designate a person or persons to exercise time-sharing with the child on the parent’s behalf.”
This allows the deployed parent to stay informed about the daily activities of his or her children and depending on the conditions where the parent is deployed – to be able to communicate with their children without interference from his or her former spouse.
Mediation of Coral Springs, Inc. recognizes that this section only allows the service member to designate “a family member, a stepparent, or a relative of the child by marriage” to exercise time-sharing on the service member’s behalf.
Our Florida Supreme Court Certified Mediators also understand the dynamics involved with the Uniformed Services Former Spouses’ Protection Act (USFSPA) 10 U.S.C. § 1408 as it allows a Florida family law courts to distribute military retirement pay to a former spouse as well as a enforcement provisions for ongoing child support, arrears and alimony; including that this section does not allow for more than sixty-five (65) percent of a retired military member’s retirement pay can be garnished for spousal and child support.
While Mediation of Coral Springs, Inc. attempts to resolve every case that we mediate, the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), 50 U.S.C. App. § 501 et seq., allows for judicial proceeding to be temporarily suspended for military members who are called to active duty. This provision helps the service member avoid constantly requesting leave from his or her operational duties to appear in court. So even if your mediation results in an impasse, our Florida Supreme Court Certified Mediators will attempt to obtain a joint stipulation to temporarily suspend your judicial proceeding without the need to litigate this issue.
If you have any questions, please contact our office.