Monday, October 14, 2019

4 Things You Need To Understand About Florida Armed Force Divorce

December 20, 2017  

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

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

Here are 4 things you must learn about military divorce.

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

Stats reveal that military divorce rates are considerably higher than the average civilian divorce rate. There are numerous reasons that military marriages are a bit most likely to stop working. A few of these factors include:

2. At least one of the divorcing parties should satisfy Florida residency requirements

Since military members often get stationed in numerous places 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, she or he can satisfy Florida’s 6 month home requirement for purposes of the court’s divorce jurisdiction if he or she: (1) has physically resided in the state of Florida for the past 6 months, despite where his or her real home state is, even if released, or (2) develops 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.

Supplied that a person of the partners satisfies this residency requirement, the couple can apply for divorce in Florida.

3. Unique guidelines 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 spouse or former partner, and this is enforced through the Department of Defense. Spouses are not immediately entitled to any specific amount of the military pension. This is to be granted by the court. In Florida, both kid support and spousal support/alimony awards might not go beyond 60% of a military member’s pay and allowances.

4. Active service military members may have the ability to delay divorce proceedings

Laws have actually been developed to protect active duty military members from being held in default for failing to respond to divorce action. This was developed to safeguard military members from being separated without even learning about it. Active duty service members might have the ability to postpone the divorce the entire time they are on responsibility and for approximately 60 days afterwards.

To find out more about Florida military divorce, consult with a licensed regional divorce lawyer.

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