If you are on active duty in the military and you are getting a divorce, it is important to understand that the process for military members is unique. Due to the demands of serving our country, laws have been created to provide you with certain protections. Thus, it is important to work with a Florida attorney that is experienced in handling military divorces.
Florida law requires at least one of the spouses to be a resident of Florida for at least six months prior to filing the petition. However, for military members who are stationed in a variety of places, establishing residency may be a complex task. There are two special laws that an individual in active service can use to meet the residency requirement in Florida:
1. If the soldier has resided in Florida for the six months prior to filing the petition, even if Florida is not his or her home state and they’re just deployed here, or
2. Regardless of where he or she is deployed, if the soldier has established Florida as his or her home state (which means that after they are discharged, they have the intent to return to Florida)
It is important to remember that only one of the divorcing spouses must meet the residency requirements to obtain a divorce in Florida.
There are other important laws to be aware of that assist military families going through divorce. For example, the Uniformed Services Former Spouses Protection Act provides state courts with the power to distribute military retirement pay to a spouse or former spouse. Also, Florida has a statute that limits both child support and spousal maintenance to less than 60% of the military member’s pay and allowances. There are even laws that safeguard active military members from having a default judgment entered against them for failure to respond in a divorce proceeding. In fact, a military divorce can be postponed while the military member is on active duty, or this right can be waived to permit the divorce to proceed.
If you are planning to get a military divorce in Florida, you need an attorney that handles military divorces and understands the unique aspects in these types of cases. The Men’s Divorce Law Firm proudly represents Husbands and Fathers that are both active-duty and retired military. We are versed in military servicemen’s rights on all levels and fully comprehend military imposed regulations, state divorce laws and federal statutes that govern a military divorce or paternity action. Be sure to ask about our discount for active duty military members!