After 20+ years of marriage, a military husband stationed overseas moves his wife and three children to Jacksonville. Shortly thereafter the husband filed for divorce. In most cases, service members have the ability to ask for protection from divorce while in active duty, causing proceedings to be put at a halt. In this case, the husband wanted to proceed with the divorce process despite being overseas.
Although the husband is permanently stationed overseas, he was seeking custody of his children, including temporarily, and asked the court to bifurcate the proceedings. If the court would agree to bifurcate the proceedings, the court would divorce the parties but would reserve all issues for a later time, including the equitable division of assets and liabilities, alimony, custody and timesharing, child support, parental responsibilities, and attorney’s and costs. In addition, he did not allow for his deposition to be scheduled because the husband claimed he could not return from overseas for his deposition or evidentiary hearings.
Outcome:
While representing the wife, Attorney Paola Parra Harris prevailed to protect both the wife and children’s interests to avoid the bifurcation. Paola Parra Harris had the Judge order the husband to be required to appear in person for his deposition and hearing on her request for temporary support and attorney’s fees as soon as possible. In the state of Florida, very specific circumstances are required in order to bifurcate a divorce. In this case, the husband did not give any – therefore, the divorce process will proceed.
The above situation emphasizes how important it is to hire an experienced family law attorney to ensure you gain the best outcome in your situation. At Parra Harris Law, we understand the law and know how to present it in order to protect your rights. For all your family law needs, contact our experienced team at Parra Harris Law: parraharrislaw.com/contact/
