Military Divorce in Florida
Military divorces often must address issues unique to the military status of the divorcing spouses. When choosing your attorney, experience in this niche area of family law is important. Talk to a Stuart, FL divorce lawyer with The Law Offices of Travis R. Walker to learn more about our history representing active duty service members and veterans going through a divorce, and how we can help you. It is our honor to serve the military families along Florida’s Treasure Coast including, West Palm Beach; throughout Indian River, Okeechobee, and Martin Counties; and up to Tallahassee.
Military Divorces Are Unique
Military divorces must answer many of the same questions that civilian divorces answer such as how to divide assets and liabilities, how to apportion child custody, and whether spousal support must be paid. On the other hand, they carry some atypical complications such as compliance with federal laws and the impact active duty has on the process. Working with an experienced attorney is the best way to ensure things are done right.
Divorcing a Service Member
Because of laws like the Uniformed Services Former Spouse’s Protection Act and the Servicemembers Civil Relief Act, military divorces are distinguishable from non-military proceeding in the following ways:
- Where the divorce may be filed – Active duty military members have several options for where they may file for divorce – the state where they are stationed, the state where the filing spouse resides, or the state where the military member is a legal resident. The laws of the state of filing will determine matters like alimony and child support, however federal laws regarding military service will also apply. These jurisdictional issues can complicate your rights and obligations, so the venue you choose warrants careful consideration.
- Default procedures – State and federal laws protect those on active duty from being found in default in a divorce proceeding. They may be granted a postponement to protect them from disadvantage while engaged in military service.
- Division of assets – Some property may be divided according to the same principles that govern Florida’s equitable distribution in non-military divorces. However, federal protections impact matters like the division of military pensions.
- Spousal Support, Child Support, and Child Custody – Custody and financial support obligations are impacted by how much time the non-residential spouse spends with the child and whether the non-military spouse works outside the home. Since military service impacts these factors, they require special attention during a divorce.
Divorcing a Military Veteran
Divorces involving retired service members must consider any benefits awarded under the United States Department of Veterans’ Affairs (VA). For example, under federal law, some benefits like VA disability benefits are not treated as marital property and cannot be divided in a divorce. However, VA disability benefits do count as income for purposes of calculating child support and alimony.
For the unsuspecting party or even a divorce attorney who has not handled many military divorces, these issues can cause setbacks. Therefore, military veterans or those planning to divorce a military veteran, are well-advised to speak with an experienced military divorce lawyer for the most reliable legal advice.
Trusted Divorce Lawyers Serving Florida’s Military Members and Spouses
The Law Offices of Travis R. Walker is known all over Florida for our aggressive, compassionate representation and advocacy. We offer family law representation to both military and non-military clients and can act on your behalf from filing to trial, attending mediation to drafting final agreements. Together, we will cover all your concerns about:
- Equitable Distribution
- Child Custody and Parenting Plans
- Child Support
- Spousal Support
- Prenuptial and Postnuptial Agreements
- Alternative Dispute Resolution
We will listen with empathy and without judgment. We look forward to hearing what you have to say. Please contact us to schedule a private consultation.
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