Sunday, December 16, 2018

4 Things You Should Learn About Florida Military Divorce


March 25, 2018  

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

If you answered yes to any of these concerns, it is necessary that you spend a little time informing yourself about Florida military divorce. See, military divorces are a little different than civilian divorces, and it’s a great 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 must know about military divorce.

1. Military marital relationships have a greater divorce rate than civilian marriages

Statistics show that military divorce rates are significantly greater than the typical civilian divorce rate. There are lots of factors that military marriages are a bit most likely to fail. A few of these reasons include:

2. A minimum of one of the separating celebrations must satisfy Florida residency requirements

Because military members frequently get stationed in various locations far from home, developing residency for a Florida military divorce can often be a bit difficult. Here’s how it works.

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

Offered that one of the spouses fulfills this residency requirement, the couple can apply for divorce in Florida.

3. Special guidelines use to dividing military pensions

The Uniformed Services Former Spouses’ Security Act (USFSPA) provides state courts the right to disperse military retired pay to a partner or former spouse, and this is enforced 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 child support and spousal support/alimony awards may not go beyond 60% of a military member’s pay and allowances.

4. Active duty military members may be able to delay divorce procedures

Laws have been established to safeguard active duty military members from being held in default for failing to react to divorce action. This was designed to safeguard military members from being divorced without even understanding about it. Active service service members may have the ability to delay the divorce the entire time they are on responsibility and for up to 60 days afterwards.

To read more about Florida military divorce, seek advice from a licensed local divorce lawyer.

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