Saturday, December 7, 2019

4 Things You Ought To Understand About Florida Armed Force Divorce

December 26, 2017  

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 currently been submitted in your military divorce?

If you answered yes to any of these concerns, it is very important that you invest a little time educating yourself about Florida military divorce. See, military divorces are a little various than civilian divorces, and it’s a great idea to familiarize 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 need to learn about military divorce.

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

Data show that military divorce rates are significantly greater than the average civilian divorce rate. There are numerous reasons that military marital relationships are a bit more likely to fail. Some of these factors consist of:

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

Due to the fact that military members often get stationed in different places away from home, developing residency for a Florida military divorce can often 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 functions of the court’s divorce jurisdiction if she or he: (1) has physically lived in the state of Florida for the past 6 months, no matter where his/her real house state is, even if deployed, or (2) establishes Florida as his/her house state with the intent to return 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 Solutions Former Spouses’ Protection Act (USFSPA) offers state courts the right to disperse military retired pay to a partner or previous spouse, and this is imposed through the Department of Defense. Spouses are not automatically entitled to any certain amount of the military pension. This is to be awarded by the court. In Florida, both kid support and spousal support/alimony awards might not exceed 60% of a military member’s pay and allowances.

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

Laws have been developed to protect active duty military members from being kept in default for failing to react to divorce action. This was designed to protect military members from being divorced without even understanding about it. Active duty service members may be able to postpone the divorce the entire time they are on task and for approximately 60 days thereafter.

To get more information about Florida military divorce, speak with a certified local divorce lawyer.

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