Saturday, December 15, 2018

4 Things You Should Learn About Florida Military Divorce


April 24, 2018  

Are you a military member on the verge of divorce? Are you in a marital relationship that’s falling apart with an active duty military member? Have the documents currently been submitted in your military divorce?

If you addressed yes to any of these concerns, it is essential that you invest a little time informing yourself about Florida military divorce. See, military divorces are a little different than civilian divorces, and it’s a smart idea to acquaint yourself with the process so that you’re well prepared to come out the opposite of your divorce in good condition.

Here are 4 things you need to understand about military divorce.

1. Military marriages have a higher divorce rate than civilian marriages

Statistics show that military divorce rates are significantly higher than the typical civilian divorce rate. There are many reasons that military marriages are a bit more likely to stop working. A few of these reasons consist of:

2. A minimum of one of the separating parties need to fulfill Florida residency requirements

Because military members often get stationed in different places far from house, establishing residency for a Florida military divorce can sometimes be a bit tricky. Here’s how it works.

For an active military member, she or he can satisfy Florida’s 6 month house requirement for functions of the court’s divorce jurisdiction if he or she: (1) has actually physically lived in the state of Florida for the previous 6 months, no matter where his/her true house state is, even if deployed, or (2) establishes Florida as his/her house state with the intent to return to Florida after discharge, even if stationed outside of Florida or deployed.

Supplied that a person of the spouses fulfills this residency requirement, the couple can file for divorce in Florida.

3. Unique guidelines use to dividing military pensions

The Uniformed Solutions Former Spouses’ Defense Act (USFSPA) gives state courts the right to disperse military retired pay to a spouse or former spouse, and this is imposed through the Department of Defense. Partners are not automatically entitled to any certain quantity of the military pension. This is to be granted by the court. In Florida, both kid support and spousal support/alimony awards might not surpass 60% of a military member’s pay and allowances.

4. Active service military members might have the ability to hold off divorce procedures

Laws have been established to safeguard active duty military members from being held in default for failing to respond to divorce action. This was developed to secure military members from being separated without even learning about it. Active service service members may be able to delay the divorce the whole time they are on duty and for as much as 60 days thereafter.

To read more about Florida military divorce, talk to a certified local divorce lawyer.

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