Military Divorce

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Florida Military Divorce Laws

A Florida military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.  As a veteran, Attorney Michael Hines has the unique perspective and the real life experience to handle cases that affect military families.

Military Protection In Florida Divorce Proceedings

There are laws set up to protect active duty military members against being held in "default" from failing to respond to a divorce action. These laws were enacted to protect active duty military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Florida court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Put our experience to work for you. Call now, 904-794-7898.

Serving an Active Duty Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Florida court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

• You or your spouse must reside in Florida
• You or your spouse must be stationed in Florida
• Florida must be determined to be your home state.

Grounds for Florida Military Divorce

The grounds for a military divorce in Florida are the same as a civilian divorce; the marriage must be irretrievably broken.

Dividing the Property

Along with the normal Florida property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military member’s retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Florida, both Child Support and Spousal Support/Alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Florida Child Support guidelines, worksheets and schedules are used to determine the proper amount of Child Support to be paid.

Our Commitment to You

The Law Office of Michael Hines, P.A. has an outstanding team that is dedicated to providing you with the kind of legal representation you deserve. We have successfully resolved issues and situations from amicable and fairly simple, to logistically complex, to the seemingly impossible. We are ready and prepared to assist you in your case. We offer a free initial telephone consultation.

Put our experience to work for you.

Call the law office of Michael Hines now at 904-794-7898.