Significant Differences Between Civilian & Military Divorce

At its heart, divorce is the same in most jurisdictions – two people want to cease being married, and to divide their assets and liabilities between them. However, the ‘little details’ that differ from place to place can make a major difference in how the divorce progresses, and this goes double for those divorces where one or both people are in the military. There are small but significant differences between civilian and military divorces, and understanding them can help ensure that you get what you want out of your divorce.

Choice Of Jurisdiction Matters. Civilian divorces in many states, including Florida, require that at least one of the parties must have resided in that state for at least six months before they can file for divorce there. While this also applies for military divorces, that residency requirement may be more difficult to fulfill because of deployments or orders changing rapidly. If a military spouse must remain in another state, for example, because of their children’s school obligations, it may be better for them to file for divorce in that state than in Florida, even if the servicemember spouse is stationed here.

Deployment May Stay Proceedings. Unlike in civilian divorce cases, where proceedings are very rarely stayed, a military servicemember may file to effectively stop the proceedings if they are deployed. The federal Servicemembers’ Civil Relief Act (SCRA) allows servicemembers to file for 90-day stays to postpone most civil proceedings, including divorce. It is within the jurisdiction of the court to grant more than one 90-day stay, but it is not uncommon for the deployed servicemember to postpone the divorce until they return from deployment.

Division Of Benefits Can Be Complex. In any divorce, benefits and liabilities are divided between the two parties in the most appropriate manner possible. Florida is an equitable distribution state, meaning that assets and debts are divided in the most equitable (‘fair’) way possible, rather than 50-50 as in some other states. With regard to military benefits, however, it may require more steps to determine who gets what. In general, a spouse is entitled to part of a servicemember’s retired pay after a divorce, but it can take time to determine exactly how much and for how long.

Call A Hollywood, FL Military Divorce Attorney

If your military family is headed for divorce, it is important to understand your options, and to sufficiently understand the differences between civilian and military divorce requirements. The better grasp you have of the legal process, the more likely it is that your divorce will go smoothly. A Hollywood, FL military divorce attorney from the Law Offices of Steven A. Mason, P.A. can work with you to increase the odds. Call our office today at (954) 963-5900 to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2021/61.021