​Orlando Military Divorce Attorneys

Experienced Attorneys for Military Divorce – Call 800-822-5170

The divorce process is already complicated, but when one or both spouses are military members, the divorce process is more complex. Military divorces raise a host of unique issues, such as: military retirement, Tricare healthcare coverage, time-sharing if one parent is deployed, as well as time-sharing challenges that arise from a military member receiving new orders. These are just some of the unique obstacles our attorneys have assisted clients with when dealing with military divorce.

Want to learn more about the military divorce process? Below are further examples of military divorce problems our experienced military divorce lawyers can assist you with.

Military Divorce and Jurisdiction

The issue of jurisdiction arises when the parties are unsure of where to properly file their petition for divorce. Our military divorce attorneys can assist you in evaluating the facts of your case to accurately determine the proper jurisdiction in which to handle your Orlando, FL divorce.

The state of Florida has a six-month residency requirement before a divorce can properly be filed. Military members who have not been physically present in Florida, but have listed Florida as their state of residency, may still file for divorce in Florida. If you are uncertain about whether Florida has jurisdiction over your military divorce, call our attorneys today and schedule your consultation.​

Military Retirement and Divorce

Military retirement is an employment benefit that is dividable in a divorce proceeding. If the spouse seeking their portion of the military retirement in a divorce case has been married to a military member for 10 years, then they are entitled to receive their court-ordered portion directly from the government. If the party seeking the portion of the military divorce has not been married to the service member for 10 years they can still receive their portion of the military retirement awarded under the divorce order, except the payment will be paid to the military member.

Other Unique Considerations for Military Divorces

Military divorces involve the following unique considerations that can make them a little more complicated than civilian divorces:

• Choosing a state to file for divorce in. Military families tend to move around, so there may be a question as to which state to file for divorce in. If you can file in more than one state, it may make a difference which one you choose. You will need to discuss where you are eligible to file with an attorney.
• Division of military pensions. One of the biggest concerns in military divorces is the division of military retirement funds and other benefits. How the pension is divided depends on the length of the marriage as well as the length of the service member’s continuous active duty service. Military spouses are not automatically entitled to a portion of their husband or wife’s pension at divorce – in fact, there is no provision for this under the Uniformed Services Former Spouses Protection Act (USFSPA). However, they may be awarded up to 50% of their former spouse’s retired pay. According to the 20/20/20 rule, the former spouse may also be entitled to full medical, exchange, and commissary privileges when the marriage lasted at least 20 years, the service member completed at least 20 years of creditable service, and there was at least 20 years of overlap of the marriage and the military service.
• Children & deployment. When a parent is an active duty service member, the issues of child custody and visitation can be complex. It is critical to involve a lawyer who is experienced in military divorce to help you come up with a plan that will enable both parents to maintain a relationship with their children.

How Long Does a Military Divorce Take in FL?

The state of Florida has a 20-day waiting period that is mandatory which takes place in between the petition filing and court hearing. This is implemented so that couples can "cool off" and reconsider their decision to divorce, although this rarely occurs. If your divorce is filed as uncontested, you can expect to wait an additional 3-4 months. Contested cases can last up to several years depending on the number of issues at hand. Cases involving children or high assets tend to last longer.