Tampa Military Divorce Lawyer
Servicemembers work hard to serve the United States. They fight in wars and defend us from international threats. But one of the biggest battles they may face is one their home turf. It’s called divorce. When a military member is involved in a divorce, it makes everything more difficult. One of the most complicated things is jurisdiction. Florida has special rules governing jurisdiction in a military divorce case. Not all family law attorneys are familiar with these special rules, so be sure to hire someone who is.
Another common issue in military divorces is that even after the divorce has been initiated, it’s possible that the servicemember may be deployed and not able to effectively participate in the case. Attorney-client communications are very difficult when a person is deployed overseas. Therefore, a competent military divorce attorney will need to know the next steps. These steps may include putting the case on hold and obtaining certain documents before deployment. Get the help you need from the Faulkner Law Group, PLLC. Our Tampa military divorce lawyer understand all the nuances of military divorce. Schedule a consultation with our office today.
Special Considerations
Military divorces are different from civilian divorces. Here are some special considerations:
- Special residency requirements
- Serving the petition on an active duty spouse
- Compliance with other military rules and regulations
- Unique custody, visitation, and child support issues to resolve
- Distribution of marital assets and debts
Military Rules and Regulations
It is important to adhere to military rules and regulations in a divorce. Both state and federal laws can apply. One notable thing to keep in mind is that the Servicemembers Civil Relief Act (SCRA) affords various rights and protections to military men and women in divorces so that they can “devote their entire energy to the defense needs of the Nation.”
Some unique aspects of military divorce include:
- Survivor Benefits Plan. The Survivor Benefits Plan provides an annuity based on retirement pay to the designated survivors. In the event of a divorce, the former spouse has one year to apply to the designated federal government agency for coverage under the plan as a former spouse.
- Retirement pay. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the calculation and division of military pension benefits. It’s important to use a lawyer who has experience dividing military pensions.
- Family support. Family support includes child support and alimony. Service regulations dictate the levels of family support required until a state court order for support is entered. Establishing child support or alimony can be tricky, as the military pay system brings about special issues. It is important that you pay or receive the correct amount of support.
Contact Us Today
Military divorces are different from civilian divorces. There are many unique considerations to keep in mind. The Faulkner Law Group, PLLC can assist you with your military divorce and ensure everything is split fairly. Schedule a consultation with our Tampa military divorce lawyer today by calling (813) 544-3919 or filling out the online form.
