How Does Military Divorce Differ From Civilian Divorce In Florida?
Are you or your spouse a member of the U.S. military? Are you seeking a divorce in Florida? If so, you need an attorney who specializes in military divorce. While civilian divorces can often be complicated, military divorces can be governed by state, federal, and even international laws that require a specialized knowledge of life in the military. In this article, the Tampa, FL military divorce lawyers at Faulkner Law Group, PLLC will discuss some of the key differences between military divorces and civilian divorces.
Jurisdiction in a military divorce
Determining which state has jurisdiction over your divorce can be complicated. If either you or your spouse is a Florida resident or stationed within Florida, the State of Florida will have jurisdiction over your court proceedings. However, you’re not limited to filing in Florida if you are stationed here. You can also file in the state where you are a permanent resident, a state in which you own property, or the state in which you last lived as husband and wife. So, you have options that civilians may not have. It may be more beneficial to you to file in another state than under Florida’s laws. Consulting with your attorney on the matter is the only way to know.
Service of process
Traditionally, one spouse who is divorcing the other must serve that spouse with a summons and a copy of the divorce petition. This can become complex when one spouse is stationed on a military base or is on active duty elsewhere in the world. Special rules apply in these cases including federal and international laws that determine whether or not an individual has been officially served. Military service members are protected from receiving a default judgment against them if they don’t respond to the petition in time.
Timing of filing
Due to a special federal protection known as the Servicemembers Civil Relief Act (SCRA), servicemembers have the right to postpone civil proceedings (including divorce and child support hearings) when such actions would call them away from deployment or military duties.
Dividing assets and income in a military divorce
There are significant differences in a military divorce when it comes to determining and dividing a servicemember’s income, assets, and benefits. Some portions of a servicemember’s income are taxable while others are non-taxable allowances. This creates considerable ambiguity when it comes to determining what counts as “income” for the purposes of child support and alimony. In addition, the military has its own guidelines for determining family support. Legislation like the Uniformed Services Former Spouse Protection Act (USFDPA) has specific guidelines for dividing military pensions and special rules apply to health care and survivor benefits.
Talk to a Tampa, FL Military Divorce Lawyer Today
Faulkner Law Group, PLLC represents the interests of servicemembers in Tampa who are seeking a divorce. Special rules apply to military divorces and you’ll need an attorney who is well-versed in the matter. Call our Tampa family lawyers today to schedule an appointment, and learn more about how we can help.
