Best Military Divorce Lawyers in Florida

About Military Divorce Law in Florida, United States

Military divorce law in Florida involves the application of both federal statutes and Florida's divorce laws when one or both spouses are members of the U.S. Armed Forces. While the basic process is similar to civilian divorces, military divorces can introduce unique legal challenges, especially concerning residency requirements, the division of military pensions, child custody during deployments, and the applicability of certain legal protections for service members. Understanding these distinctive legal nuances is essential for anyone considering a divorce where one or both parties serve in the military.

Why You May Need a Lawyer

Military divorces can be significantly more complex than a typical civilian divorce. Hiring a lawyer who is experienced in military divorce law can help you navigate unique issues that often arise, such as:

• Understanding your rights and obligations under federal and state law
• Properly serving divorce papers to a deployed or relocated spouse
• Handling the division of military retirement and other benefits
• Navigating child custody and visitation when deployments or permanent changes of station affect parenting plans
• Accessing medical and commissary benefits post-divorce
• Complying with the Servicemembers Civil Relief Act (SCRA), which protects active duty members from certain legal proceedings
• Enforcing or contesting spousal and child support orders affected by military pay and allowances

Given the interplay of military regulations and Florida family law, legal guidance increases the chances of a smoother process and better outcomes for both parties.

Local Laws Overview

Florida law requires at least one spouse to be a resident of the state for at least six months before filing for divorce. For military personnel, being stationed in Florida for six months fulfills this residency requirement.

Some key aspects of Florida and federal law regarding military divorce include:

• Servicemembers Civil Relief Act (SCRA) - This federal law can temporarily halt or delay divorce proceedings when a service member is deployed or on active duty.
• Uniformed Services Former Spouses’ Protection Act (USFSPA) - This act outlines how military retirement pay is divided in a divorce case and what benefits former spouses may be entitled to receive.
• Division of Military Pensions - The USFSPA allows Florida courts to divide disposable retired pay as marital property, though there are time-service rules affecting direct payment from the military.
• Child Custody and Visitation - Florida courts will prioritize the best interests of the child, but are required to consider the unique circumstances of military service such as deployments or relocation.
• Child and Spousal Support - Florida uses guidelines to determine support, but military allowances and benefits can affect calculations.
• Service of Process - Special rules may apply when serving an active duty spouse, especially if they are deployed overseas.

Frequently Asked Questions

What qualifies as a military divorce in Florida?

A military divorce occurs when at least one spouse is an active duty, reserve, or retired member of the U.S. military, and either spouse seeks a dissolution of marriage in Florida. The process involves both state and federal laws.

Does military service affect where I can file for divorce?

Yes, military personnel stationed in Florida for at least six months meet the residency requirements to file for divorce in Florida, even if their legal residence is in another state.

Are there special rules for serving divorce papers if my spouse is deployed?

Yes, serving divorce papers to a deployed spouse can be complicated. The military has specific rules, and overseas service can require additional steps, including adherence to agreements with foreign governments.

What happens to military pensions in a Florida divorce?

Military retirement benefits are considered marital property and can be divided in a Florida divorce, subject to the guidelines set forth in the USFSPA and state law.

Will I lose my Tricare health coverage after divorce?

Generally, ex-spouses lose Tricare coverage after a divorce unless they qualify under the 20/20/20 or 20/20/15 rules, which are based on the length of the marriage overlapping with the service member's military service.

How does deployment affect child custody arrangements?

Florida courts recognize the unique challenges of deployment and may issue temporary custody modifications, ensuring parenting is managed effectively during a military member's absence.

Can I receive direct payments of retirement from the Defense Finance and Accounting Service (DFAS)?

To receive direct payments, the marriage must have lasted at least 10 years overlapping with 10 years of military service. Otherwise, the service member makes payments directly to the spouse.

How is child support calculated for military members?

Child support takes into account all forms of military pay including basic pay, housing, and allowances, using Florida’s guidelines.

Can a Florida court delay divorce proceedings due to military duty?

Yes, under the SCRA, courts may postpone proceedings if active duty service hinders the ability to participate in the case.

Will a military divorce finalize faster than a civilian divorce?

Military divorces are not necessarily faster. In fact, deployment, overseas stationing, and federal law protections can make the process take longer compared to a standard Florida divorce.

Additional Resources

• Florida Bar Association - Family Law Section
• Judge Advocate General (JAG) Office - Legal Assistance for military personnel
• Defense Finance and Accounting Service (DFAS) - Information on military retirement and direct payments
• Florida Department of Veterans’ Affairs
• U.S. Department of Veterans Affairs
• Servicemembers Civil Relief Act (SCRA) Official Guidance
• Uniformed Services Former Spouses’ Protection Act (USFSPA) Fact Sheets
• Military OneSource - Legal Assistance and Family Support

Next Steps

If you are considering or facing a military divorce in Florida, here are some recommended steps:

1. Gather important documents such as marriage certificates, military pay statements, and records of assets and debts.
2. Consult with a Florida family law attorney who has experience with military divorce cases. Bring your questions and concerns.
3. Reach out to your local JAG office for preliminary legal guidance, especially if you are a service member.
4. Consider counseling or support groups for military families to help navigate the emotional aspects of divorce.
5. Stay informed about your rights regarding custody, housing, benefits, and support to ensure the best outcome for you and your family.
6. Be prepared for unique timeframes and steps in the process, especially if either spouse is deployed or stationed out of state.

Remember, legal advice tailored to your specific circumstances is invaluable in achieving a fair and lawful resolution.