4 Things You Should Know About Florida Military Divorce
Are you a military member on the brink of divorce
? Are you in a marriage thats falling apart with an active duty military member? Have the papers already been filed in your military divorce?
If you answered yes to any of these questions, its important that you spend a little time educating yourself about Florida military divorce. See, military divorces are a little different than civilian divorces, and its a good idea to familiarize yourself with the process so that youre well prepared to come out the other side of your divorce in good condition.
Here are 4 things you should know about military divorce.
1. Military marriages have a higher divorce rate than civilian marriages
Statistics show that military divorce rates are significantly higher than the average civilian divorce rate. There are many reasons that military marriages are a bit more likely to fail. Some of these reasons include:
* Low pay for junior enlisted personnel can create severe financial stress
* Long-term deployments weaken the bond between husband and wife
* Post-traumatic stress disorder and other combat-related mental health issues can be challenging for a spouse to deal with
* Life-changing injuries from military combat add stress to marriage
* Extramarital sex is more prevalent among married veterans than married non-veterans
2. At least one of the divorcing parties must meet Florida residency requirements
Because military members often get stationed in various places away from home, establishing residency for a Florida military divorce can sometimes be a bit tricky. Heres how it works.
For an active military member, he or she can satisfy Floridas 6 month residence requirement for purposes of the courts divorce jurisdiction if he or she: (1) has physically resided in the state of Florida for the past 6 months, regardless of where his or her true home state is, even if deployed, or (2) establishes Florida as his or her home state with the intent to return to Florida after discharge, even if stationed outside of Florida or deployed.
Provided that one of the spouses meets this residency requirement, the couple can file for divorce in Florida.
3. Special rules apply to dividing military pensions
The Uniformed Services Former Spouses Protection Act (USFSPA) gives state courts the right to distribute military retired pay to a spouse or former spouse, and this is enforced 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 child support and spousal support/alimony awards may not exceed 60% of a military members pay and allowances.
4. Active duty military members may be able to postpone divorce proceedings
Laws have been established to protect active duty military members from being held in default for failing to respond to divorce action. This was designed to protect military members from being divorced without even knowing about it. Active duty service members may be able to postpone the divorce the entire time they are on duty and for up to 60 days thereafter.
To learn more about Florida military divorce, consult with a licensed local divorce attorney.
by: Jeff Miller
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