Are you a military member on the brink of divorce? Are you in a marriage that’s breaking down with an active service military member? Have the documents already been filed in your military divorce?
If you responded to yes to any of these concerns, it’s important 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 good idea to acquaint yourself with the procedure so that you’re well prepared to come out the opposite of your divorce in great condition.
Here are 4 things you must understand about military divorce.
1. Military marriages have a greater divorce rate than civilian marital relationships
Statistics reveal that military divorce rates are significantly higher than the typical civilian divorce rate. There are lots of factors that military marriages are a bit more likely to fail. Some of these reasons consist of:
2. A minimum of among the divorcing celebrations should fulfill Florida residency requirements
Since military members often get stationed in different locations far from house, developing residency for a Florida military divorce can in some cases be a bit challenging. Here’s how it works.
For an active military member, he or she can satisfy Florida’s 6 month residence requirement for purposes 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, despite where his or her real house state is, even if deployed, or (2) develops Florida as his or her house state with the intent to go back to Florida after discharge, even if stationed beyond Florida or deployed.
Supplied that one of the spouses fulfills this residency requirement, the couple can declare divorce in Florida.
3. Special rules use to dividing military pensions
The Uniformed Providers Former Spouses’ Defense Act (USFSPA) gives state courts the right to distribute military retired pay to a partner or former spouse, and this is enforced through the Department of Defense. Spouses are not instantly entitled to any particular quantity of the military pension. This is to be granted by the court. In Florida, both child support and spousal support/alimony awards might not surpass 60% of a military member’s pay and allowances.
4. Active service military members may be able to delay divorce proceedings
Laws have actually been developed to secure active duty military members from being kept in default for failing to respond to divorce action. This was developed to secure military members from being divorced without even learning about it. Active duty service members might be able to delay the divorce the whole time they are on responsibility and for as much as 60 days thereafter.
To get more information about Florida military divorce, consult with a certified local divorce lawyer.