Sunday, December 8, 2019

4 Things You Need To Learn About Florida Military Divorce

December 30, 2017  

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 already been submitted in your military divorce?

If you responded to yes to any of these questions, it is very important that you invest a little time informing yourself about Florida military divorce. See, military divorces are a little various than civilian divorces, and it’s a good idea to acquaint yourself with the process so that you’re well prepared to come out the other side of your divorce in good 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 substantially greater than the typical civilian divorce rate. There are lots of factors that military marital relationships are a bit more likely to fail. A few of these factors include:

2. A minimum of among the separating celebrations need to meet Florida residency requirements

Since military members often get stationed in various locations away from home, developing residency for a Florida military divorce can sometimes be a bit tricky. Here’s how it works.

For an active military member, he or she can please Florida’s 6 month residence requirement for purposes 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/her real house state is, even if deployed, or (2) develops Florida as his/her home state with the intent to go back to Florida after discharge, even if stationed beyond Florida or deployed.

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

3. Special rules apply to dividing military pensions

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

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

Laws have been developed to safeguard active duty military members from being kept in default for cannot react to divorce action. This was designed to protect military members from being divorced without even knowing about it. Active duty service members might be able to delay the divorce the entire time they are on duty and for approximately 60 days afterwards.

To find out more about Florida military divorce, talk to a licensed regional divorce lawyer.

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