Military Divorce Mediation
In most cases, Parties seek a mediator who understands the issues in the case. If you have a military divorce, it stands to reason that you should have a mediator experienced in military divorce. You cannot afford to spend half of your mediation helping your mediator to understand the special military issues that your cases presents. And, an inexperienced mediator cannot be expected to competently draft an agreement dealing with division of military retirement pay and benefits. Florida law requires that post-judgment orders cannot add “new rights” or “new responsibilities” to what was established at mediation and in the final judgment. Also, Federal law requires special language in the final judgment or other order dividing military retired pay.
A military divorce presents a special pay structure, with taxed pay and untaxed allowances. There are special benefits and tax issues in a military divorce. There are also unique laws in Florida concerning parenting plans for military service members. And, most importantly, the mediator has to be able to understand division of military retirement pay.
The Parties, their counsel, and the mediator have to be familiar with the unique laws and issues that military families face. Simply put, you are more likely to reach an agreement if everyone is able to understand the situation.
Additionally, a mediator who is experienced in military divorce may be able to suggest creative solutions or alternatives to help military servicemembers and their spouses resolve their conflicts. An experienced military divorce mediator can also help the parties create a parenting plan that takes into account issues such as deployment, relocation, and a change of duty station.
If you are going to mediation in a military divorce and your mediator is not up to speed, you need an attorney who can help the mediator understand the situation quickly so that he or she can better facilitate the negotiation.
Please contact us to better understand how our experience can help you achieve the right resolution in mediation, whether we provide mediation services for your case or represent you at your own mediation.
Related Military Divorce Information: Jurisdictional Issues in Military Divorce
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