Florida’s Military Divorce Rules
Military divorce in Florida has unique challenges, especially during deployment. Learn how residency rules, SCRA protections, custody, and asset division work and why a Florida-based attorney is essential for deployed service members and spouses.
Can a Deployed Service Member File for Divorce in Florida?
Yes, a deployed service member can file for divorce in Florida, but there are additional steps and considerations. Florida requires that at least one spouse meets the residency requirement, which typically means living in the state for six months before filing. Deployment does not remove the residency requirement, but the court will accommodate military members by allowing representation through an attorney and electronic filings.
Special Protections Under the Servicemembers Civil Relief Act (SCRA)
The SCRA provides legal protections to active duty service members, including those deployed. It can delay court proceedings if the service member’s duties prevent participation. This act helps ensure that neither spouse is disadvantaged by the deployment. Learn more about the SCRA at the U.S. Department of Justice.
Child Custody and Support During Deployment
Child custody and support decisions must prioritize the child’s best interests. Florida courts recognize the challenges of deployment and allow temporary modifications to parenting plans. For details, see Florida’s parenting plan guidelines.
Dividing Military Benefits
Military pensions, retirement accounts, and other benefits are subject to division under Florida law. Federal rules such as the Uniformed Services Former Spouses Protection Act (USFSPA) may also apply. Understanding these laws ensures a fair division of assets. Find more information at the Defense Finance and Accounting Service.
Why Work with a Florida Divorce Attorney Experienced in Military Cases
Military divorce requires navigating state and federal laws, residency rules, and deployment schedules. An attorney familiar with Florida family law and military regulations can simplify the process, ensure deadlines are met, and protect your rights.
So yes, you can file for divorce while deployed, but you will need to plan ahead and understand Florida’s specific requirements. With the right legal support, service members and spouses can navigate this process more smoothly.
Florida Military Divorce FAQ’s
1. Can I file for divorce in Florida if I am stationed overseas?
Yes. If you or your spouse meet Florida’s six-month residency requirement, you can file even if you are deployed. An attorney can handle filings on your behalf.
2. Does deployment delay the divorce process?
The Servicemembers Civil Relief Act (SCRA) allows for delays if deployment duties prevent active participation. Learn more at the U.S. Department of Justice.
3. What happens to child custody if I am deployed?
Florida courts allow temporary changes to parenting plans during deployment to prioritize the child’s best interests. See Florida’s parenting guidelines.
This article is meant to provide general guidance. For specific advice regarding military divorce, we recommend you consult with Attorney O’ Connor.
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Attorney O’Connor has a strong background in family law and military divorce and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
