What Are The Special Issues In Florida Military Divorce?

Every year, tens of thousands of divorce cases involve at least one military member

. Military divorce rates tend to be higher than the divorce rates for non-military couples. This can be contributed to a number of factors, including:

* Stress caused by long-distance relationships

* Financial issues

* Stress of military duty and the danger involved

* Mental health issues

* Lack of communication for extended periods of time

* Injuries

* Infidelity

With the unfortunate prevalence of Florida military divorce, its worth noting that military divorce cases have some special issues that need to be addressed. In many regards, Florida military divorce cases are like all other divorces, but there are a few things that make them unique.

The first key issue thats present in military divorce cases is residency requirements. In all divorce cases, residency in the state of Florida must be proven, but this is particularly unique in military cases because of deployment.

For example, sometimes, youll see a case where a military member has lived in Florida his whole life but is deployed to another state. If that military member wishes to file for divorce in Florida, he must proclaim Florida as his home state with the intent to return after deployment.

Then, there is the issue of servicemen and women who are originally from other states but currently stationed in Florida. In this case, if at least one of the parties has resided in Florida for the last 6 months, regardless of where that persons home state is, the couple meets Floridas residency requirements for filing for divorce.

Another unique issue with Florida military divorce is the special rules that apply to dividing military pensions. The Uniformed Services Former Spouses Protection Act gives state courts the right to distribute military pensions to former spouses.

But former spouses arent automatically entitled to part of the military pension. They must be awarded a portion of military retired pay in the divorce.

Also, Florida law dictates that child support and/or arrears and alimony must not exceed 60 percent of a military members pay and allowances.

Another thing that makes military divorce different from civilian divorce is that there are actually laws in place that protect active military members against divorce proceedings. These laws protect servicemen and women who are currently on active duty from being held in default for failing to respond to divorce proceedings. This ensures that active military people dont get divorced without knowing about it.

Active military men and women have the right to postpone divorce proceedings the entire time they are on duty and for up to 60 days afterward. This is most commonly done in instances where the military member is currently serving in a war.

With so many intricacies involved in Florida military divorce cases, its important that those going through a military divorce seek the counsel of a lawyer who has experience working on these unique cases. Ask your lawyer about how many military divorce cases he or she has handled before hiring them.

by: Jeff Miller

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