Clearwater Military Divorce Attorney Serving Largo, FL
Service members face divorce and family law issues that are not experienced by the general population. For example, deployment can have a significant impact on child custody and visitation, and military pensions are subject to different rules in regard to property division. At the Law Office of Gale H. Moore, we are well-versed in the unique laws affecting service members stationed at military bases throughout the Clearwater area, including MacDill Air Force Base and Coast Guard Air Station Clearwater.
Military Family Divorce Issues
Any family going through divorce feels the impact of the situation, but when a military family faces divorce, there are unique circumstances that apply to the case, no matter if the divorce is contested or uncontested. Some of the major issues that may be involved in a military divorce in Florida include:
- Defining legal residency for service members
- Obtaining service upon an active duty spouse
- Military child support and custody
- Issues of temporary custody when service members are deployed
- Military benefits, such as housing and pensions
- Special protection from certain divorce regulations due to service status
One of the most unique aspects of military divorce is how military pensions are handled during the distribution of marital property. The federal government enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) to govern how military retirement benefits are calculated and divided upon divorce. Under the law, a military member’s retirement benefits will not be divided and distributed unless he or she has been married 10 years or longer while on active duty.
Military Protection from Florida Divorce Proceedings
State and federal laws protect active duty service members against being held in “default” from failing to respond to a divorce action. Under the Soldiers and Sailors Relief Act and in the discretion of local Florida courts, a divorce proceeding may be postponed for the entire time an active service member is on duty and for up to 60 days after active duty is complete. This right to have divorce proceedings postponed can also be waived by any active duty member if he or she wishes to get divorced.
Child Support & Spousal Support
Under Florida law, both child support and spousal support awards may not exceed 60% of a military member’s pay and allowances. The normal Florida child support guidelines, worksheets, and schedules are used to determine the proper amount of child support to be paid.
Learn molre about Military Divorce in Clearwater & St. Petersburg
If you or your spouse is stationed in the Clearwater area and you’re considering divorce, please contact the Law Offices of Gale H. Moore to learn more about our representation and extensive experience handling Florida military divorce cases.