Sunday, December 16, 2018

4 Things You Need To Learn About Florida Military Divorce


March 31, 2018  

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

If you answered yes to any of these concerns, it is necessary 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 familiarize yourself with the procedure so that you’re well prepared to come out the opposite of your divorce in excellent condition.

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

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

Stats reveal that military divorce rates are significantly greater than the typical civilian divorce rate. There are numerous factors that military marital relationships are a bit most likely to fail. A few of these reasons include:

2. A minimum of one of the separating parties should satisfy Florida residency requirements

Due to the fact that military members often get stationed in numerous places far from house, developing residency for a Florida military divorce can sometimes be a bit difficult. Here’s how it works.

For an active military member, he or she can please Florida’s 6 month home requirement for purposes of the court’s divorce jurisdiction if she or he: (1) has physically resided in the state of Florida for the previous 6 months, regardless of where his/her real home state is, even if released, or (2) establishes Florida as his or 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 meets this residency requirement, the couple can declare divorce in Florida.

3. Unique rules apply to dividing military pensions

The Uniformed Solutions Former Spouses’ Security Act (USFSPA) provides state courts the right to distribute military retired pay to a partner or former partner, and this is imposed through the Department of Defense. Partners are not instantly entitled to any specific amount of the military pension. This is to be awarded by the court. In Florida, both child assistance and spousal support/alimony awards might not surpass 60% of a military member’s pay and allowances.

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

Laws have actually been established to protect active duty military members from being held in default for cannot respond to divorce action. This was developed to secure military members from being separated without even learning about it. Active service service members might be able to delay the divorce the entire time they are on task and for up to 60 days afterwards.

For more information about Florida military divorce, talk to a certified local divorce lawyer.

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