Wednesday, December 19, 2018

4 Things You Ought To Understand About Florida Military Divorce


April 2, 2018  

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 documents currently been submitted in your military divorce?

If you responded to yes to any of these questions, it is necessary that you invest a little time educating 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 other side of your divorce in excellent condition.

Here are 4 things you must understand about military divorce.

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

Data show that military divorce rates are considerably higher than the typical civilian divorce rate. There are lots of reasons that military marriages are a bit more likely to fail. A few of these reasons include:

2. A minimum of among the divorcing celebrations need to satisfy Florida residency requirements

Due to the fact that military members typically get stationed in different places far from home, establishing residency for a Florida military divorce can in some cases be a bit tricky. Here’s how it works.

For an active military member, he or she can satisfy Florida’s 6 month home requirement for functions of the court’s divorce jurisdiction if she or he: (1) has actually physically lived in the state of Florida for the past 6 months, regardless of where his or her real house 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 outside of Florida or deployed.

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

3. Unique rules apply to dividing military pensions

The Uniformed Services Former Spouses’ Security Act (USFSPA) provides state courts the right to disperse military retired pay to a partner or former spouse, and this is implemented through the Department of Defense. Spouses are not immediately 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 surpass 60% of a military member’s pay and allowances.

4. Active duty military members might have the ability to postpone divorce proceedings

Laws have actually been established to safeguard active service military members from being kept in default for failing to react to divorce action. This was developed to safeguard military members from being divorced without even knowing about it. Active service service members may have the ability to hold off the divorce the whole time they are on task and for up to 60 days afterwards.

To learn more about Florida military divorce, consult with a certified regional divorce attorney.

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