Military divorces are notoriously complex, which is why you should never settle in your choice of an attorney to represent you. If you or your spouse are active duty military and looking for a military divorce attorney in the Tampa Bay Area, military divorce lawyer Wendy Doyle-Palumbo is ready to represent you. Contact us today.
Florida military divorces are subject to a variety of circumstances, mainly regarding jurisdiction, division of retirement benefits, and parental relocation. For this reason, it’s always best to proceed with a competent and highly skilled Pasco County, Florida divorce lawyer who can guide you through each phase of the process ahead.
Florida Divorce Law provides an exception for active-duty military personnel who are seeking to file for divorce.
Divorcing couples who are on active duty may file in the State where they are stationed or they can file for a divorce in the State under the following guidelines:
Deciding where to file for a Florida military divorce can seem complicated so it’s important to consult with a Tampa Bay military divorce lawyer who is experienced in this area of divorce and family law. Wendy Doyle-Palumbo can help you to determine whether filing for a divorce in Florida would be in your best interest, and can also discuss and navigate through the various challenges that military couples most often encounter when divorcing.
The Soldiers and Sailors Civil Relief Act of 1940 govern the law that states that every person who is filing for a dissolution of marriage must file a Military Affidavit declaring whether one or both spouses are members of the military and if so, whether or not they are on active duty.
It is important to discuss the specifics and purpose of this declaration with experienced military divorce lawyers in Florida.
Division of property or equitable distribution is the same for military divorces in Florida, however questions about the division of military retirement plans often arise.
The length of service in the military not the duration of the marriage actually determines whether a spouse is entitled to military benefits paid directly from the military. State Statutes govern entitlement to your spouse’s military benefits, and although you may not meet the service requirement of a minimum of 10 years, a judge can still set forth a direct payment plan based on entitlement.
A court cannot order retirement benefits to be paid directly from the military if the duration of service is in question, however, the courts can award a payment obligation that would come directly from your spouse.
There are many unique circumstances specific to the division of military retirement. It’s important to discuss this with a family law attorney.
We understand that this is a difficult time in your life, and we’re here to assist you through it in any way we can. For help navigating your military divorce, please contact us online or call us to schedule a consultation.