Filing for a military divorce in Florida is similar to a regular divorce procedurally. There are several laws and issues that may need to be addressed, that can differ from traditional divorce proceedings. You will want to be aware of the specific issues you’ll be facing. This is why it’s advisable to speak with an experienced divorce attorney in Orlando who can represent you in a military divorce.

Filing for Military Divorce

If you are in the military, where you are stationed can have a bearing on your divorce. Military personnel are often stationed in a state that is not the same as their primary residence. How do you know where to file for a divorce if you are a military family? In Florida, you can be either a resident of the state, or stationed in the state to file for a divorce. In traditional divorce cases, at least one party has to be a resident of the state for a minimum of six months before filing. However, leniency is available to active military members with personal connections to Florida. In most cases, you can either file in Florida or in the state you and your spouse last resided as a couple and in the county where you last intended to remain married.

Military Divorce and Child Custody

Custody is a critical issue in any divorce. Being in the military, makes it an even more complex matter. Those serving in the military have to consider deployment, relocation, and leave on top of normal custody issues. The courts will look at all of the relevant factors and then decide what is best for the children involved.

For military service men and women who are often deployed, the court usually orders the child or children to reside with the parent who is not deployed. This helps provide more stability for the child. However, please note that the service member’s rights as a parent will be protected during deployment. Florida law prohibits changing custody arrangements while a parent is deployed, unless there are unique exceptions which would impact the well-being of the child.

Military Retirement and Divorce

Another issue unique to a military divorce is the dividing of military retirement benefits. This is one reason it’s important to work with a knowledgeable divorce attorney. The USFSPA (Uniformed Former Spouses’ Protection Act) calculates and governs how military benefits are divided during a divorce. Under this law, the spouse must be married to the service member for a minimum of 10 years while they were active military to receive benefits. If the timeframe was not met, the court will decide if a spouse is eligible for benefits. However, the ex-spouse would pay these directly instead of the government.

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