If you or your spouse or domestic partner are in the military and going through a divorce, unique challenges are likely to come up. How you deal with these issues is key. A Tampa divorce lawyer can help you navigate the divorce process and address any problems that arise.
At Melone Hatley, P.C., we offer legal assistance in a wide range of divorce cases. Our Tampa military divorce lawyer can review your case and provide more information.
Understanding Florida’s Residency Requirements for Military Divorce
Per Florida law §61.021, you or your spouse must reside in the state for at least six months before you can file for a divorce. This requirement also applies if you or your spouse is in the military, but there may be additional considerations.
If you’re in the military, you might be eligible to file for divorce based on your permanent residence, where you own property, or where you last lived with your spouse. It’s important to carefully review these laws to determine the most appropriate location to file your divorce petition.
Our Tampa family lawyer from Melone Hatley, P.C. are equipped to guide you through the divorce process for military personnel. Our military divorce attorney in Tampa can outline your legal options. For further information, please contact us.
Military Divorce vs. Civilian Divorce
Divorces involving military personnel differ significantly from civilian divorces due to several unique factors that need to be considered. Here’s how these differences could affect you:
Active Duty and Child Custody
In any divorce involving children, custody and visitation are paramount. For military families, you must consider the potential for deployment or reassignment when planning custody. You have the option to negotiate a custody agreement through the courts or directly with your spouse to accommodate the unique demands of military service.
Child Support
Child support calculations for military personnel can differ from civilian procedures due to the unique ways in which military income is determined. This can influence the amount of child support you are required to pay.
Alimony
If you are in the military and facing divorce, you may also need to address spousal support. Working with a military divorce lawyer in Tampa can help you handle alimony negotiations effectively, potentially minimizing your financial obligations.
It’s important to approach your military divorce with seriousness to avoid costly mistakes. Failing to handle these matters carefully can lead to significant personal and financial consequences, such as losing precious time with your children, being burdened with high spousal support payments, and struggling with the aftermath of your divorce.
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Servicemembers Civil Relief Act and Military Divorce
The Servicemembers Civil Relief Act (SCRA) is designed to minimize legal and economic burdens on military personnel during active duty. In a divorce, one party files paperwork, and the other must respond within a designated time frame. Per SCRA, civil court or administrative proceedings may be extended if a service member cannot attend for duty reasons.
Along with this, SCRA protects military personnel from a default judgment if they cannot attend a hearing or trial. For example, you may be going through a divorce but cannot attend a hearing relating to it due to deployment or active duty obligations. In this example, a court cannot enter a default judgment against you when you are prevented from attending hearings due to your military service..
A Tampa military divorce attorney can discuss SCRA and how it applies to your case. They can provide legal resources relating to this act and similar topics. Most importantly, your lawyer can help you avoid costly mistakes during your divorce proceedings.
Uniformed Services Former Spouses Protection Act and Military Divorce
The Uniformed Services Former Spouses Protection Act (USFSPA) requires service members to accept a state’s statutes regarding alimony, child support, paychecks, and pensions. It also enables the military to decide on a service member’s retirement pay. In addition, the act may have far-flung effects on how military retired pay is distributed.
With USFSPA, state courts may distribute military retired pay to a current or former spouse or domestic partner. A prior spouse or partner may be entitled to a percentage of a service member’s retirement pay if they have been married for at least 10 years and this individual spent at least 10 years in the military.
In a case where a service member has been married for at least 20 years and performed a minimum of 20 years of military service, their previous spouse or partner may qualify for healthcare, commissary, and other benefits.
USFSPA does not automatically give a former spouse or partner a service member’s retirement pay. However, a court has the right to award this pay to the former spouse or partner. The act also lets a court enforce a current or previously owed child support or alimony order.
Military Divorce While Stationed Overseas
It is generally in your best interest to pursue a military divorce in the United States, where both you and your spouse are subject to American laws. Otherwise, the process may become exceedingly complicated, potentially jeopardizing both parties’ rights.
If you are stationed overseas, you may qualify for Early Return of Dependents (EOD), which allows service members to return to the United States under unusual circumstances. A travel authorizing official or an overseas commander must grant authorization for EOD.
Regardless of where you file for a military divorce, it is crucial to have legal representation. Choose an attorney experienced in military divorces to help finalize your agreement without compromising your legal rights.
Partner with a Military Divorce Lawyer
Melone Hatley, P.C. provides legal tips, advice, and recommendations tailored to your needs during a military divorce.
Our team is ready to discuss your case and help you navigate this challenging time smoothly. To schedule a free consultation, contact us today.
