Divorce can be complicated no matter what issues a couple faces. Each family situation is different and unique in its own way. Some married couples involve adopted children, some don’t have any children at all, some couples are involved in same-sex marriages, and some couples are “married to the military”.
The more factors involved in a family’s situation, then the more difficult the divorce process becomes. You might have questions such as: Where can you file for divorce? What happens to your military benefits after a divorce? Where will the children live? What about medical care for the non-military spouse? These are all common questions families face when divorce is in their future.
Visit here to learn more about the divorce process in Florida with a Coral Gables divorce attorney.
How Divorce Affects Military Retirement Benefits?
In general, military members with a minimum of 20 years of service are eligible for military retirement pay. Under the Uniformed Services Former Spouses Protection Act, state courts have the authority to divide a service member’s “disposable retired pay” between the spouses in a divorce as long as the court has jurisdiction over the military member.
The court can establish jurisdiction over the service member when the military member is domiciled in the state, when the military member resides in the state, or when the military member consents to jurisdiction.
Read more about the USFSPA here.
Where Can I File?
In Florida, an individual can file for divorce as long as one party has lived in the state for at least six months, which satisfies the state’s residency requirement.
If you are married to the military, then this means that a military spouse can file for divorce in Florida even if the military member lives in another state.
However, if you are a military spouse who wants the court to divide your spouse’s military retirement benefits, it is important to ensure the Florida court has jurisdiction over your service member spouse.
Read more about Florida laws on divorce here.
Married to the Military or Not…
Regardless of whether you are “married to the military” or not, if you are just beginning the divorce process in Florida, or if you foresee divorce in your future, then it is best to discuss your situation with a Coral Gables divorce attorney as soon as possible to answer your questions and to begin the necessary steps towards divorce.
If you have minor children, it is also important for your attorney to understand how being a military family may affect your child custody arrangement. If one spouse is serving in the military overseas, then it is possible the case will involve disputes involving visitation time and even parental relocation.
Obviously, your children are the most important people in your life. Child custody and child support issues can be emotional and complicated; it is critical to work with an attorney who can help you resolve them efficiently and as amicably as possible.
A Coral Gables Family Law Attorney Stand Up for You and Your Family
If you are considering divorce, then you probably have a lot of questions. You may even feel confused or anxious about the prospect of ending your marriage. You might not even know where to begin.
If your spouse is accustomed to giving out orders to subordinates, you may be struggling with feeling like you have the resources and knowledge you need to make sure your rights are protected.
Your Coral Gables family law attorney can help you navigate the state and federal laws that apply to your case. Whether you are concerned about spousal support, child custody, child support, or other important matters, it is important to get legal help as soon as possible.
Visit here to learn more about how a Coral Gables family law attorney can assist you in your divorce.