If you are getting divorced and you or your partner are in the military, special laws may protect military spouses and members of the armed services when they get divorced. Military couples may face unique issues when filing for divorce. When it comes to establishing residency in Florida or serving divorce papers to a spouse on active duty, individuals filing for divorce can face unique challenges. If you are in the military and are considering getting divorced, the Aikin Family Law Group are Orlando, Florida family lawyers who may be able to assist you with navigating the unique challenges that can arise during a military divorce.
Meeting Residency Requirements for a Florida Military Divorce
In order to get divorced in Florida, you or your spouse must meet Florida residency requirements. Under Florida law, one or both spouses must have resided in Florida for at least 6 months before they will be considered Florida residents and subject to Florida jurisdiction for their divorce. If you are filing for a military divorce, either you or your spouse must meet Florida residency requirements, or you and your spouse must be stationed in Florida in order to meet Florida residency requirements. If you are stationed in Florida, you may also qualify to file for divorce in your home state. Because divorce laws can differ from state to state, it may be wise to consult with a family law attorney, like the Aikin Family Law Group, a family lawyer who may be able to assist you with your Orlando, Florida military divorce. Our lawyers can review your situation and help you understand where it may be best for you to file for divorce.
Serving a Military Spouse Who Is on Active Duty with Divorce Papers
What if you want to get divorced and your spouse is on active duty? If your partner is on active duty and agrees to the divorce, he or she may only be required to sign a waiver acknowledging consent to the proceeding. However, if your partner who is on active duty does not want to get divorced, or if the divorce is contested in any way, you’ll need to ensure that your spouse is personally served the divorce papers. Furthermore, if your partner is on duty, he or she may be entitled to postpone the divorce proceedings for the length of time he or she is on active duty, and may be able to postpone the divorce proceedings after he or she has served on active duty. Because of the complexities of a contested divorce when a service member is on active duty, collaborative divorce is often best for families and can result in a faster and more amicable outcome. If you are looking for a collaborative divorce option for your military divorce, consider reaching out to the Aikin Family Law Group, a family lawyer in Orlando, Florida who works with couples to help them resolve their issues outside of court.
Dividing Military Pensions and Benefits in Florida
Dividing assets and property in military divorce also has unique challenges. For example, under the Uniformed Services Former Spouses’ Protection Act, military pay may be paid directly to a former spouse if the couple was married for at least 10 years and the marriage overlapped with the active military duty. Military pay may also be paid directly to a spouse if the marriage was shorter, but this must be negotiated in a divorce agreement. A military spouse who is not in the military may also be entitled to continue to access commissary, medical, and other privileges, if the marriage was 20 years or longer, the person’s spouse was in the military for at least 20 years, and military service overlapped with the marriage for at least 20 years. Because military pensions, payment, and benefits can play a role in your military divorce negotiations, it can be helpful to have an attorney who can help you navigate the process of dividing your assets and debts. The Aikin Family Law Group is an Orlando, Florida family lawyer who works closely with families and individuals who need assistance with a collaborative military divorce.
Military Service Members and Child Support Orders
Just like a civilian divorce matter, both parents in a military divorce are expected to provide financial support for their children. However, with a military divorce, commanding officers of the military spouse could be empowered to take action against a military service member who fails to support his or her family. The parent who is entitled to receive child support may be able to write to a commanding officer, provide the court order, and ask the officer to take additional action for non-compliance. This gives custodial parents additional options when seeking child support, but only after a parent has first gone through the courts to get the order. A partner’s commanding officer won’t be able to help you without a court order for child support, so it is important to hire a family lawyer if you are having difficulty getting child support and have not yet pursued payment through the courts.
Child support is determined using special formulas provided by the state of Florida. If you are getting divorced and have children, the Aikin Family Law Group are family lawyers in Orlando, Florida who can help you understand how much your children may be entitled to receive under Florida’s child support formulas. Contact our attorneys today to learn more.
Military service members may also face unique challenges when it comes to visitation arrangements. If one parent is stationed overseas or in a different state than the custodial parent, then longer-distance visitation agreements may need to be arranged. Instead of alternating weekends like close-distance visitation agreements, military families may arrange that the children visit the non-custodial parent over school holidays or in the summer. If you are going through a military divorce, and have children, consider speaking to the Aikin Family Law Group, family lawyers in Orlando, Florida. Our attorneys will take the time to understand your goals and help you find a visitation arrangement that works best for you and your family. Let our collaborative divorce attorneys help you.
Collaborative Military Divorce in Orlando, Florida
If you are getting divorced and you and your partner are in the military, collaborative divorce may be a great option for you. A collaborative divorce can help you resolve questions about child custody, visitation, and division of assets and debts without having to go through a contentious court case. When one partner is stationed in another state or abroad, resolving conflict outside of court can result in a faster resolution to your divorce case. Contact the Aikin Family Law Group, Orlando, Florida collaborative divorce lawyers today to learn more.