While military divorces are not any more complicated than civilian divorces, they do involve unique requirements and rules. Generally, dissimilarities include matters related to the following:
- Filing requirements
- Service of Process
- Division of military pensions
- Residency
- Compliance
Because military divorces involve various legal matters, it is important for military men and women and their spouses to contact an experienced military divorce lawyer if they are contemplating divorce.
How a Florida Military Divorce is Initiated
In Florida, before a civilian can divorce a service member, the active duty spouse must be served with a copy of the divorce action and a summon before a court can have jurisdiction over the military member. However, in an uncontested divorce, the active service member may not be required to be served so long as she or he signed and filed a waiver affidavit to acknowledge the divorce action.
Understanding the Division of Property for Military Divorces
Florida property division laws and the Uniformed Services Former Spouses Protection Act, enacted by the federal government, govern how military retirement benefits are to be calculated and divided upon military divorce. This act is the governing body that authorizes the direct payment of a portion of a retired service member’s pay to the ex-spouse. According to federal laws, retirement will not be divided or distributed unless the couple has been married for at least ten years while the service member has been on active duty.
Understanding Child Support and Spousal Support in Florida Military Divorce
In the state of Florida, child and spousal support awards are not to exceed 60% of a service member’s pay and allowances. Normal Florida child support worksheets, guidelines, and schedules are used to determine the amount of child support to be paid.
At The Virga Law Firm, P.A., our legal team has ample experience handling military divorce cases. If you would like to discuss your case, call us right away! We offer FREE consultations to military personnel.