Sunday, December 16, 2018

4 Things You Need To Know About Florida Military Divorce


December 8, 2017  

Are you a military member on the edge of divorce? Are you in a marital relationship that’s falling apart with an active duty military member? Have the papers already been filed in your military divorce?

If you answered 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 good idea to acquaint yourself with the procedure so that you’re well prepared to come out the opposite of your divorce in great condition.

Here are 4 things you ought to learn about military divorce.

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

Data reveal that military divorce rates are substantially higher than the average civilian divorce rate. There are numerous reasons that military marriages are a bit more likely to stop working. Some of these factors include:

2. A minimum of among the divorcing celebrations should meet Florida residency requirements

Since military members frequently get stationed in numerous places away from home, establishing residency for a Florida military divorce can in some cases be a bit difficult. Here’s how it works.

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

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

3. Unique rules apply to dividing military pensions

The Uniformed Providers Former Spouses’ Security Act (USFSPA) offers state courts the right to disperse military retired pay to a spouse or former partner, and this is implemented through the Department of Defense. Partners are not automatically entitled to any particular quantity of the military pension. This is to be awarded by the court. In Florida, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances.

4. Active duty military members might be able to hold off divorce proceedings

Laws have been established to safeguard active duty military members from being held in default for failing to react to divorce action. This was created to protect military members from being separated without even understanding about it. Active duty service members might be able to hold off the divorce the entire time they are on task and for up to 60 days thereafter.

To read more about Florida military divorce, seek advice from a certified regional divorce lawyer.

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