Best Military Divorce Lawyers in Riverview

About Military Divorce Law in Riverview, United States

Military divorce in Riverview, United States, involves the dissolution of marriage where one or both spouses are active-duty service members, reservists, or military retirees. While similar in many respects to civilian divorces, military divorces must also comply with unique federal laws and military regulations. These additional rules impact issues such as residency, service of process, spousal and child support, retirement benefits, and custody when one or both parties are serving in the military. The intersection of federal statutes, like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses' Protection Act (USFSPA), with Florida state law creates a complex legal landscape for those divorcing in Riverview and throughout the United States.

Why You May Need a Lawyer

The military divorce process can be challenging due to the special considerations that affect military families. You may need a lawyer for several common situations including:

• Ensuring proper division of military pensions and benefits according to federal and state law
• Navigating residency and jurisdiction rules that differ from civilian divorces
• Managing delayed or deferred proceedings due to military deployment under SCRA protections
• Negotiating child custody and visitation schedules that account for military assignments and deployments
• Calculating accurate spousal and child support, considering military pay and allowances
• Ensuring proper service of divorce papers to a military spouse
• Understanding the impact of divorce on military healthcare (TRICARE), housing, and base privileges
• Protecting your rights and interests, especially in cases involving contested divorce or domestic violence

Local Laws Overview

Riverview, located in Florida, generally applies Florida state law to divorce cases. However, when military personnel are involved, certain federal laws apply as well. Here are key aspects to be aware of:

• Residency Requirements: Florida courts can hear a divorce case if one spouse resides in Florida or if the military member is stationed in the state.
• Servicemembers Civil Relief Act (SCRA): Protects active-duty members by possibly allowing delays in court and administrative proceedings during service.
• Uniformed Services Former Spouses' Protection Act (USFSPA): Allows state courts to divide military retirement pay, but only if the state has jurisdiction over the service member, which generally requires residence or consent.
• Division of Pensions: Florida is an equitable distribution state, and courts divide marital assets, including military retirement, fairly but not always equally. The "10/10 rule" under USFSPA affects direct payments from DFAS to ex-spouses of military retirees.
• Child Custody: Florida courts prioritize the child's best interest and may address unique custody challenges posed by deployments or relocations.
• Service of Process: Serving divorce papers to a military member can require special procedures, especially if deployed or overseas.

Frequently Asked Questions

What makes a military divorce different from a civilian divorce?

Military divorces introduce federal legal considerations—like dividing retirement pay and protecting deployed service members—which do not generally apply to civilian divorces. Jurisdiction, service of process, and benefits are often more complex.

Where should I file for divorce if my spouse or I am in the military?

You can usually file in the state where you or your spouse resides or is stationed. Florida (including Riverview) allows military members stationed in the state to file here, even if they claim residency elsewhere.

How does divorce affect military retirement benefits?

Military retirement benefits are subject to division as marital property under Florida law; the federal USFSPA governs how retirement pay can be divided and paid to former spouses.

Does being deployed delay the divorce process?

Yes, under the SCRA, deployed service members may request a stay, or delay, of civil court actions—including divorce—if their military duties prevent participation.

How is child custody determined when one parent is in the military?

Custody is decided based on the child's best interests. Courts consider the impact of deployment, relocation, and may develop special schedules or plans to accommodate military service.

What is the 10/10 rule in military divorce?

The "10/10 rule" means if you were married for 10 years overlapping with 10 years of service, DFAS can pay the former spouse their share of retirement pay directly. Shorter durations still permit division but require payments to be arranged privately.

Can an ex-spouse keep TRICARE coverage after divorce?

Former spouses may be eligible for continued TRICARE only under specific conditions. The most common is the "20/20/20 rule": 20 years of marriage, 20 years of service, and 20 years overlap. Otherwise, TRICARE coverage usually ends.

How is child and spousal support calculated with military pay?

Florida calculates support using all income, including military base pay and allowances (BAH, BAS). The military has its own guidelines for minimum support, but state law prevails in court orders.

How do I serve divorce papers to a military spouse who is deployed?

Special rules may apply. You may need assistance from the military or government to ensure proper legal service, particularly if the spouse is overseas or in an undisclosed location.

Can a military member lose their military pension in divorce?

Military pensions may be subject to division but not total forfeiture. The court may award a portion (often up to half) of the marital share to the non-military spouse, depending on the length of marriage and service.

Additional Resources

Several resources can assist you as you navigate military divorce in Riverview, United States:

• Military Legal Assistance Offices (usually located on base, offering free legal advice to service members and families)
• Hillsborough County Family Court (local court handling family law and divorce cases)
• Defense Finance and Accounting Service (DFAS) for questions about military pay, retirement, and the 10/10 rule
• Florida Bar Lawyer Referral Service (for finding local attorneys experienced in military divorce)
• Legal Aid Organizations in Florida (providing assistance to low-income individuals)
• Local Veterans Affairs (VA) offices for support during and after divorce
• National Domestic Violence Hotline (important if safety is a concern)

Next Steps

If you are considering or facing a military divorce in Riverview, United States, it’s important to take the following actions:

1. Gather all relevant legal documents, including marriage certificate, LES (Leave & Earnings Statement), benefit statements, and custody agreements.
2. Contact a local attorney experienced in both Florida family law and military divorce issues to understand your rights and obligations.
3. Visit your base legal assistance office for preliminary advice and to access free resources if you or your spouse are active-duty or retired military.
4. Ensure you understand your financial situation, including benefits, pensions, and potential support obligations or entitlements.
5. If kids are involved, prioritize their well-being and begin considering workable custody and visitation arrangements.

Remember, each military divorce is unique. Consulting with a knowledgeable lawyer can help you navigate the process and secure the best possible outcome for your situation.