Destin Military Divorce Lawyers
Get Experienced & Knowledgeable Legal Representation in Florida
When an individual is interested in filing for divorce and one of the spouses is a service member of the U.S. military, there are several complexities which military couples must overcome. Depending on the circumstances of each case, specific state and federal laws may apply.
At The Virga Law Firm, P.A., our Destin divorce attorneys understand the complicated issues surrounding military divorces and offer our clients skilled legal counsel to navigate the issues during the divorce process. With more than four decades of combined experience, we have a comprehensive understanding of both Florida and federal divorce laws to help you get the best results possible.
Requirements for a Military Divorce in Florida
To file for divorce in a Florida family law court, the filing party (i.e. petitioner) must show that either spouse is a state resident or stationed in Florida. The grounds for military divorce are similar to a civilian divorce.
The service member spouse needs to be served with a summons and a copy of the divorce petition personally, so a state court to have jurisdiction over him/her. According to the Sailors Civil Relief Act, the proceedings of divorce may be postponed when a military member is currently on duty and for up to 60 days afterward. Laws are established to protect active members from being held in default.
Division of Retirement Pay and Benefits in a Florida Military Divorce
In addition to Florida equitable division laws, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the calculation and division of military retirement funds and health benefits in the event of a divorce. The Department of Defense can make direct payments of a service member’s retirement funds to the former spouse if the couple has been married ten years or more while the member has been on active duty. However, in order for a former spouse of a military member to receive military health benefits, the couple must be married for at least 20 years, the military member has 20 years of service, and the time of service and length of marriage overlapped for at least 20 years.
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Our Destin divorce lawyers are prepared to meet with you, explain your rights and legal options, and help you obtain the most favorable outcome in your divorce. Let us help you get a fresh start in life immediately.
For more information about military divorce, contact us and speak with our legal team today.