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Pensacola Family Law Blog

Criteria for retaining military benefits after divorce

If you live in Florida and are currently navigating your way through a military divorce, you may have questions about how you will be able to support yourself in its aftermath. As the spouse of a military service member, you may have become accustomed to shopping at the commissary, utilizing Tricare medical benefits and so on. However, whether you will be able to continue to do these things once your military divorce becomes final depends on whether you meet the terms of what is known as the 20/20/20 military divorce rule.

Just what is the 20/20/20 military divorce rule?

Am I being stalked? Recognizing the signs

You went on a few dates with someone, but you decided it wasn’t working out and told him as much. Ever since, things have not felt quite right. Maybe you are still receiving texts from the person, or there are footprints in the soil near your windows or the same vehicle seems to follow you home from work every day. Like other Floridians who are experiencing the same things, you might wonder if you are being stalked. You may also fear for your safety.

Being stalked can leave you with constant feelings of fear, anxiety and invasion of privacy. You might worry that your stalker could physically harm you. Stalking often involves more than merely following someone, as the following examples show:

  • A former romantic partner might send you hundreds of text messages, bother you constantly on social media and call you repeatedly at home and work.
  • A co-worker or neighbor could develop an unhealthy obsession with you and follow you everywhere you go.
  • A stalker may take photographs and videos of you without your knowledge or consent.
  • Your ex might threaten to harm or kill you, your pets or your loved ones if you do not talk to him or go back to him.
  • The person stalking you may have obtained an alarming amount of private information about your residence, workplace, interests, friends, family and more.

3 things to know about gray divorces

You may have never heard the term "gray divorce" before, but it is a phenomenon that is becoming increasingly common nowadays. Gray divorce describes divorce among couples who have generally been together 20 years or more and are age 50 or older. 

Given the particular nature of couples involved in gray divorces, there are certain issues that pertain more to their divorces than to divorces between younger couples. Here are three common topics you should be aware of surrounding gray divorces, especially if you are facing one yourself.

How to reduce the pain of divorce

If you are thinking about divorce in the Pensacola area, you should review your decision carefully. Decisions that you make in haste and with emotions can have lingering consequences. Though you might feel it is time for you and your partner to go your separate ways, if you rush the process, you could end up leaving money and assets on the table. 

Divorce is often a painful time. The challenges and conflict that arise can become a source of stress, distress and unhappiness if you let them. Here are a couple of tactics that may help minimize the pain of separation. 

Some complexities in high-asset divorces

Florida is an equitable distribution state, meaning that in divorces decided by the court, judges should divide marital assets equitably between the spouses. When the couple works out the divorce agreement themselves, they have more leeway. They may also need to factor in the requirements of a prenuptial agreement.

Many divorces are high-asset, meaning they may include second or third homes, vacation properties, gifts, stocks, high-end investments and businesses, among other possibilities. These divorces can quickly become complex even in the most companionable of splits. Here is a look at some reasons why.

Filing for taxes after a divorce in Florida

Divorce changes so many aspects of your life, it can be hard to keep up with them. One area that you need to be aware of this time of year is taxes. Getting a divorce has multiple effects on taxes, especially when it lasts through two calendar years.

You need to know how divorce influences how you file for taxes, whether you do them yourself or hire an accountant, so you can properly prepare for the changes.

Importance of seeing a doctor right after a car accident

Due to the state's immense population, thousands of car accidents occur every month. In 2016, a total of 395,834 car crashes occurred in Florida, according to the state's Integrated Report Exchange System

Many of these crashes end up being relatively minor fender benders. However, people should see a doctor regardless of how severe the accident seemed. While some injuries, such as bruises and open wounds, will be apparent immediately, other injuries remain hidden for weeks or possibly months. 

Slip-and-fall accidents can cause serious injury

Usually, when people slip and fall, the first thing they may wonder is if someone saw them. They may even feel more concerned about their embarrassment than they are about their injuries, especially if these seem minor. But not all slip-and-fall accidents end with victims getting up and walking away. Some accidents result in the victims needing medical attention for their wounds. It is not uncommon for people to sustain injuries to their heads, arms, hands, legs, hips, feet and spine. 

Property owners in Florida have a duty to keep their properties clean, well-maintained and safe for guests. When they do not, and someone falls, they could be held responsible for the injuries and sued. 

Res ipsa loquitur in medical injury cases

In Florida, when one person causes injury to another, a personal injury lawsuit may arise. The burden is typically on is on the plaintiff to prove the elements of a cause of action, including the defendant’s negligence. However, less commonly, sometimes the plaintiff can shift the burden to the defendant to prove it was not negligent.

In the Supreme Court of Florida case, Dockswell v. Bethesda Memorial Hospital, Inc., the court referenced that under common law, this shifting of the burden is known as res ipsa loquitur, which means that the thing, such as the existence of negligence, speaks for itself. In that case, the issue of this burden-shifting arose in the medical setting. Florida has codified the doctrine of res ipsa loquitur when a foreign item inadvertently remains in a body following surgery, or a medical or diagnostic procedure.

Whom you should and should not listen to after an injury

Suffering a personal injury can be a devastating event to endure. No matter how it happened, you are likely wondering how to recover and return to normalcy. You can also expect friends and family to chime in, along with plenty of professionals, inundating you with advice from all angles. Whom you listen to in this time will make all the difference in the outcome of this unfortunate situation.

Carefully question the motivations of those who offer advice, and be sure to prioritize your recovery above all else. As an injury victim, you deserve time to recover, and the party responsible for your accident should be accountable. Consider the following professionals who may offer advice.

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