divorce process is complicated; however, it could be more complex if it involves
the military. If you are a service member or married to one, you need
to understand the nuances of a Florida military divorce to be better prepared
for the divorce process and help you get a good start at a new life.
In order to file for divorce in Florida, at least one spouse must live
in or be stationed in the state a minimum of six months before a divorce
petition can be filed. The grounds for a military divorce are the same
as any civilian divorce in Florida.
For active service members to avoid being held in “default”
for not responding to a divorce petition on time, the Soldiers and Sailors
Civil Relief Act gives them the ability to postpone divorce proceedings
for the full duration the active military member is on duty, and afterward
for up to 60 days. On the other hand, military members can waive their
right to postpone divorce.
As far as
dividing property, Uniformed Services Former Spouses’ Protection Act (USFSPA) addresses
how divorce can affect military retirement benefits—along with normal
Florida property division laws. For a military spouse must have been married
to the service member for at least 10 years to obtain a share of retirement benefits.
When it comes to
child support and
alimony, both awards cannot surpass 60 percent of a military member’s income.
The child suport amount to be paid will be determined by the normal state
child support guidelines, worksheets, and schedules.
If you are interested in filing for divorce in Daytona Beach,
request a free consultation with our experienced family law attorney at
Law Offices of Robert Stepniak today.