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Military Divorce

Military Divorce in Tampa

Military families face unique issues when divorcing. The Uniformed Services Former Spouses’ Protection Act says that the state of legal residence of the military member always has the power to divide the military pension in a divorce. Additionally, the Servicemembers Civil Relief Act allows active-duty service members to request a “stay” (that is, to delay the proceedings) of a divorce or other claims (such as spousal support, custody, child support, property division and military division) if their duties prevent them from participating in or responding to the court action. The initial “stay” is for at least 90 days. The court can grant extensions after 90 days, but one can’t postpone the divorce forever. The purpose of the “stay” is to delay the court action as long as the military member’s duties interfere with his/her participation.

Florida Military Divorce Attorneys

The attorneys of Open Palm Law will help you to craft a detailed parenting plan that includes specific time for both parents and that addresses all other important issues related to your children. If you are unable to reach an agreement, Open Palm Law can help you argue in court why your desired parenting plan is appropriate.

FAQs for Military Divorce

No. The Soldiers and Sailors Civil Relief Act allows for the protection of a service-member from being found in default of an action during his/her active duty, and up to 60 days after, so that the military spouse is not found in default while serving our nation.

The Uniformed Service Former Spouses Protection Act governs how military benefits, specifically retirement, are calculated and divided when a divorce is filed. Federal law will not permit any service member’s retirement benefits to be dispersed directly to a spouse unless they have been married for 10 years or more during the member’s active military duty.

If your ex is not in agreement, then yes, you will need to follow the procedure set forth in Florida Statute 61.13001 regarding relocation.

Yes. When a parent is deployed in excess of 90 days, the deployed parent may assign that parenting time to a stepparent, relative of the child by marriage, or another family member. If the deployed party wants to make such a designation, it must be done at least ten days prior to any change taking place. A parent may object to a designation only on the basis that it is not in the best interest of the child. Either party is entitled to an expedited court proceeding if the parties cannot agree on the designated party.