Orlando Military Divorce Attorney
Divorces are complicated enough when civilians are involved. In a military divorce, the process is much more complicated.
A servicemember fighting for their country has a lot on their mind already. A divorce should not be something they should worry about. But sometimes divorce proceedings happen while a person is deployed. Handling these divorce cases can be a challenge. Seek legal help from Orlando military divorce attorney Steve W. Marsee, P.A. Attorney at Law.
Jurisdiction
Jurisdiction is not usually an issue in civilian divorces, but it’s much different for military divorces. In military divorces, the first issue is to determine if Florida courts have jurisdiction over the marriage.
Military divorces follow the same residency requirements as civilian divorces. What this means is that one or both parties must have been a resident of the state for six months prior to the filing date. This means that at least one person must have been physically in Florida during this time.
So what happens when a military member has a “home state” is Florida but is deployed in another state or country at the time of the divorce? If deployed in another state, it’s possible that the person can file for divorce in that state as long as they meet the jurisdictional requirements for that state and were a Florida resident prior to deployment.
Where you got married does not make a difference when seeking a divorce in Florida. Many military members file for divorce in Florida because it is the most convenient place for them.
Eligibility of Stay or Stoppage
Military members who have been served with divorce papers may be entitled to a “stay” of the divorce proceedings. A stay is a temporary stoppage of the proceedings due to a person’s military service. Under Soldiers and Sailors Civil Relief Act, divorce proceedings may be postponed for the entire time the servicemember is on active duty as well as for 60 days afterward.
However, a stay is not required. Many servicemembers choose to waive this right because they want their divorce finalized as quickly as possible.
Property Division
Military divorces are subject to property division laws, just like any other divorce. However, military members have unique property issues, such as military pensions and determining child support and custody in situations of deployment. This can be a challenge when a military member gets transferred to another state after a divorce.
There is also the 10/10 rule, which states that 10 years of military service and 10 years of marriage entitles the military spouse to government payments.
There are many other things to consider, which is why you need an experienced military divorce lawyer on your side.
Contact Us Today
Military divorces are highly complicated. There are different laws involved, so make sure to seek legal help for your divorce case.
Orlando military divorce attorney Steve W. Marsee, P.A. Attorney at Law can help ensure that all issues are properly addressed. We’ll help you get the best outcome possible. Schedule a consultation by filling out the online form or calling our office at 407-521-7171.
