As if the
divorce process was not already complex enough, there are many issues unique to
military families that civilians do not have to experience. If you are
a member of the military or married to a member of the military, 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.
To protect active duty military members against being held in “default”
from failing to respond to a divorce action, the Soldiers and Sailors
Civil Relief Act gives them the ability to postpone divorce proceedings
for the entire duration the active military member is on duty, and for
up to 60 days thereafter. Additionally, this right to have the divorce
proceedings postponed can be waived by any active duty member should he/she
wish to get the divorce.
As far as
dividing property, the federal government has enacted the Uniformed Services Former Spouses’
Protection Act (USFSPA) which dictates who military retirement benefits
are calculated and divided in the event of a divorce—along with
normal Florida property division laws. For a military spouse to be entitled
to receive retirement pay directly from the military, he/she must have
been married to an active duty member for a minimum of ten years or longer.
When it comes to
child support and
alimony, both awards may not exceed 60 percent of a military member’s pay
and allowances. The proper amount of child support to be paid will be
determined by the normal state child support guidelines, worksheets, and
If you are interested in filing for divorce in Daytona Beach,
request a free consultation with our experienced family law attorney at
Stepniak & Park today.