Sunday, December 16, 2018

4 Things You Ought To Understand About Florida Military Divorce


April 10, 2018  

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

If you responded to yes to any of these concerns, it is essential 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 smart idea to acquaint yourself with the process so that you’re well prepared to come out the opposite of your divorce in excellent condition.

Here are 4 things you need to understand about military divorce.

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

Stats show that military divorce rates are considerably higher than the typical civilian divorce rate. There are many factors that military marriages are a bit more likely to fail. Some of these factors consist of:

2. A minimum of among the divorcing parties should meet Florida residency requirements

Since military members typically get stationed in various locations far from house, 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 please Florida’s 6 month home requirement for functions of the court’s divorce jurisdiction if he or she: (1) has actually physically lived in the state of Florida for the past 6 months, despite where his/her true home state is, even if released, or (2) establishes Florida as his or her home state with the intent to return to Florida after discharge, even if stationed beyond Florida or deployed.

Offered that a person of the partners satisfies this residency requirement, the couple can declare divorce in Florida.

3. Special guidelines apply to dividing military pensions

The Uniformed Services Former Spouses’ Security Act (USFSPA) offers state courts the right to disperse 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 particular quantity of the military pension. This is to be granted 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 duty military members might have the ability to delay divorce procedures

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

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

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