A Guide to Divorce for Military Spouses in Florida
Are you a military spouse who lives in Florida? If you are considering a divorce, it is crucial that you understand your rights and your options. Although there are considerable similarities between a military divorce and a civilian divorce, there are some unique issues that can arise in military divorce cases. Here, our Clearwater military divorce attorney provides a guide to divorce for military spouses in Florida.
The Divorce Process is Similar for Civilians and Military Members
To start, it is important for military spouses in Florida to understand that their divorce will not be altogether different from a civilian divorce. Indeed, military divorce in Florida generally follows the same divorce process as exists for civilian couples. Among other things, that means:
- One spouse must file a petition for dissolution of marriage in a Florida court;
- The divorce will be on the no-fault grounds that the marriage is irretrievably broken; and
- The divorce process will address all applicable family law issues, such as property division, alimony, child custody, and child support.
Some Unique Issues Can Arise (Military Spouses Need to Be Ready)
- State Residency Issues Can Be Complicated
Life is different for military families. They are often required to relocate. That can raise questions about where to file for divorce. Under Florida Statutes § 61.021, one party must reside in the state for at least six months before filing. However, federal law permits active-duty members and their spouses to file for divorce in the state where the service member is stationed, where they claim legal residence, or where the spouse resides.
- The Case May Be Delayed (Active Deployment)
You cannot move forward with a divorce case against a military member who is on active deployment. If the service member is deployed, the divorce process will generally be delayed. Under the Servicemembers Civil Relief Act (SCRA), courts can postpone proceedings while a service member is on active duty. The federal law exists to help ensure that the military member is not disadvantaged by their inability to appear or respond. That can slow down the process.
- A Military Spouse May Be Eligible for Benefits
Military benefits may be available to a military spouse as part of a divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) applies to these cases. Under the USFSPA, a former spouse may qualify for continued access to commissary, exchange, and healthcare benefits under the 20/20/20 rule—20 years of marriage, 20 years of military service, and 20 years of overlap. If the overlap is 20/20/15, some medical benefits may still be available for a transitional period. Further, retirement pay may be divisible under Florida law and the USFSPA. As a military spouse, you may be entitled to claim part of a military pension in your divorce.
Consult With Our Clearwater Military Divorce Attorney Today
At the Law Office of Gale H. Moore P.A., our Clearwater divorce attorney has the knowledge, skills, and experience to handle military divorces. If you are a military spouse with questions about divorce, we can help. Contact us today for a confidential, no obligation consultation. We provide military divorce representation throughout the region.
Source:
dfas.mil/Garnishment/usfspa/legal/
