Share This Post
The Process of a Military Divorce in Florida
What You Should Know About the Process of a Military Divorce in Florida
No matter what state you currently live in, military divorce laws and processes greatly differ from civilian ones. The final outcome and the grounds will remain the same, however, there is considerably more protection for an active duty service member compared to a regular civilian seeking a divorce in the State of Florida.
If you are married to an active duty service member or you are one, and you’re considering filing for divorce in Florida, there are a few key things you really should know before getting started. We’ve highlighted a couple of the most important points below, so please keep reading to help you know and understand your rights and options.
Can You File for a Military Divorce in Florida?
This is the first area you really need to consider before paying any fees or filing any papers. Since military families are constantly on the move and in many cases living apart, filing for a divorce in Florida may not be an option for you. Whether you are an active duty service member or not, either you or your spouse must be a legal Florida resident or the military spouse must be currently stationed in this state.
Not sure if you are a legal resident? Typically, in order to file for a divorce in Florida, you must reside here for at least six months. If you recently moved here, you may have to consider additional options such as filing in your home state or in the most recent state where you both resided together.
Whether military or civilian, child custody is often a complex matter. However, if you are the active duty spouse in the marriage, and you are frequently deployed or TDY, the courts may decide to place the children in the care of the other parent to help provide the best possible chance of stability. As with all custody issues, there are so many factors to consider.
The good news on child custody and the process of military divorce in Florida is, the military service member has some protections whether you are residing or you are currently stationed here. One example of a Florida protection is, a court cannot make any changes to a current custody order while you are deployed. Additionally, the SCRA has protections in place to ensure judgments are not entered against you while you are deployed.
The divorce laws and protections for military spouses and active-duty members can be complicated and is a process not easily understood. This is why, if you are in the military and are seeking a divorce in Florida, then you should hire an experienced Miami divorce attorney to help you know your rights and options.