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.
Help for our Military Service Men and Women In Far Away Places
Michael Hines has represented soldiers that are on the ground in Iraq and Afghanistan. He’s talked to soldiers via satellite phone while they were off the coast of the Philippines and been able to assist them. Whether military veterans or the active-duty military, for that matter, we will assist them. If it is an Uncontested Divorce, all the documents can be drafted and filed in the county in which they lived with their soon-to-be ex. Or if you have a more complicated situation, we can help you handle your legal affairs here.
Michael Hines and his legal team have been able to effectively represent people that no longer live within the area and we can be effective legal counsel in the county where they find themselves in court.
Are you out-of-town or stationed far away and do you need experienced legal counsel here?
Attorney Michael Hines has successfully helped active duty military members and their families with issues and situations from amicable and fairly simple to logistically complex to the seemingly impossible.
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.