Jacksonville FL Military Divorce Attorney
Filing for divorce is an emotionally draining and often confusing process that can leave most folks with more questions than answers. If you are in the military or are married to a member of the armed services and are considering a divorce, odds are you have a number of concerns that are very specific to life in the service. Farah & Farah have represented soldiers stationed in Florida and their families for over four decades – our family law team can provide not only a comprehensive overview of potential options, but a complete case assessment and evaluation of your present situation.
Whether you are currently deployed or living in Florida, the divorce attorneys at Farah & Farah are prepared to help you find an agreeable settlement, in or out of the courtroom. We appreciate the unique set of circumstances that accompany a military divorce and will work tirelessly to assist you during this complicated time. Our number is (904) 263-4610 – call today to set up your free consultation.
What Differences Are There In a Florida Military Divorce?
In years past, military men and women faced significant hurdles in divorce that civilians did not have to contend with. Recently, the federal government, along with state legislatures, has made a number of key reforms that assist military couples and families engaged in separation. Florida subscribes to a number of these reforms and provisions as laid out by lawmakers.
First and foremost, in order for service members or their spouses to file for divorce in Florida residency must be established. This can happen in one of two ways – either you or your spouse have been stationed in Florida and claim it as a permanent residence or one of you has lived in the state for more than 6 months prior to filing the divorce.
In order for any court in Florida to have jurisdiction over the proceedings, active duty soldiers must be served with the appropriate divorce papers and summons, in person. Additionally, recent updates to the Service Members Civil Relief Act suggest military members presently on active duty are not held in contempt for failing to respond to divorce proceedings. This law took into account the many service men and women over the years who, while on active duty and in a foreign country, were unable to present themselves to the courts. Service members are able to postpone all divorce action while deployed and up to 60 days following their return.
Undoubtedly, one of the biggest questions and concerns raised by soldiers and their families going through divorce focuses on military pension. Because service members receive a considerable pension upon retirement, any divorce proceedings must view it as a divisible asset. However, under the Uniformed Service Former Spouse Protection Act (UNSFSPA) there are a good deal of prerequisites and qualifications that must be met both on the Federal and state level. To even be considered, couples in the military or with one member of the armed services must be married for over 10 years and throughout active duty. It is highly recommended you speak with a Florida family law attorney to help clarify the varying details of this particular part of the division.
Defending Your Action
If you are presently filing for divorce or have just begun to consider it, you should speak with the Florida family law attorneys at Farah & Farah to fully explore the range of options you may have available. Military divorce is difficult, but with proper counsel and comprehensive representation you will be able to secure a fair and just settlement for you and your family.