Sunday, December 16, 2018

4 Things You Must Learn About Florida Armed Force Divorce


March 26, 2018  

Are you a military member on the edge of divorce? Are you in a marriage that’s breaking down with an active service military member? Have the papers currently been submitted in your military divorce?

If you addressed yes to any of these concerns, it is essential 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 good idea to familiarize yourself with the process so that you’re well prepared to come out the other side of your divorce in great condition.

Here are 4 things you must learn about military divorce.

1. Military marriages 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 many factors that military marriages are a bit most likely to fail. Some of these reasons consist of:

2. At least one of the separating celebrations need to meet Florida residency requirements

Due to the fact that military members typically get stationed in different places away from home, developing residency for a Florida military divorce can often be a bit challenging. Here’s how it works.

For an active military member, she or he can please 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, regardless of where his or her real house state is, even if released, or (2) establishes Florida as his/her house state with the intent to go back to Florida after discharge, even if stationed outside of Florida or released.

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

3. Unique guidelines use to dividing military pensions

The Uniformed Providers Former Spouses’ Defense Act (USFSPA) provides state courts the right to distribute military retired pay to a spouse or former spouse, and this is enforced through the Department of Defense. Partners are not immediately entitled to any certain amount of the military pension. This is to be granted by the court. In Florida, both kid assistance and spousal support/alimony awards may not go beyond 60% of a military member’s pay and allowances.

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

Laws have actually been developed to protect active service military members from being kept in default for cannot respond to divorce action. This was created to secure military members from being divorced without even knowing about it. Active duty service members might have the ability to delay the divorce the whole time they are on task and for approximately 60 days thereafter.

To learn more about Florida military divorce, talk to a licensed regional divorce attorney.

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