Best Military Divorce Lawyers in Miami

About Military Divorce Law in Miami, United States

Military divorce in Miami, United States is governed by both state and federal laws due to the unique circumstances of military service. Individuals going through a military divorce may face additional challenges related to military benefits, deployments, and other factors that civilians may not encounter.

Why You May Need a Lawyer

You may need a lawyer for military divorce in Miami if you are facing issues related to dividing military pensions, understanding how deployments can affect child custody arrangements, or navigating the complexities of military benefits such as healthcare and housing allowances.

Local Laws Overview

In Miami, Florida, military divorces are subject to the same laws as civilian divorces, but there are additional considerations such as the Uniformed Services Former Spouses' Protection Act (USFSPA) which governs the division of military pensions.

Frequently Asked Questions

1. Can a civilian lawyer handle my military divorce case in Miami?

Yes, a civilian lawyer with experience in military divorce cases can handle your case in Miami.

2. How are military pensions divided in a Miami military divorce?

Military pensions are considered marital property in Miami, and they can be divided between spouses according to the USFSPA.

3. Will my spouse still have access to military benefits after our divorce?

It depends on the length of the marriage and other factors. Your lawyer can advise you on this issue.

4. Can I file for divorce in Miami if my spouse is deployed?

Yes, you can still file for divorce in Miami even if your spouse is deployed.

5. How does child custody work in a military divorce in Miami?

Child custody arrangements in a military divorce in Miami are determined based on the best interests of the child, taking into account the unique circumstances of military service.

6. What are the residency requirements for filing for divorce in Miami?

In Miami, one of the spouses must be a resident of Florida for at least six months before filing for divorce.

7. How long does a military divorce case typically take in Miami?

The length of a military divorce case in Miami can vary depending on the complexity of the issues involved.

8. Can I receive spousal support (alimony) after a military divorce in Miami?

Spousal support may be awarded in a military divorce in Miami based on factors such as the length of the marriage, the standard of living during the marriage, and the financial needs of each spouse.

9. What happens to the military healthcare benefits after a military divorce in Miami?

The non-military spouse may be eligible to continue receiving healthcare benefits through the Department of Defense's Continued Health Care Benefit Program (CHCBP) after a military divorce in Miami.

10. How can I protect my rights in a military divorce case in Miami?

Hiring an experienced family law attorney in Miami who has expertise in military divorces can help you protect your rights and navigate the legal process effectively.

Additional Resources

For additional resources on military divorce in Miami, you can contact the Miami-Dade County Bar Association or the Florida Bar Association for referrals to qualified family law attorneys.

Next Steps

If you are considering a military divorce in Miami or are currently going through one, it is recommended to seek legal advice from an experienced family law attorney who specializes in military divorces. They can guide you through the process, protect your rights, and help you achieve a fair resolution.