The Servicemembers Civil Relief Act and Divorce in Florida

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Military families face unique challenges during divorce, especially when one spouse is actively serving in the armed forces. Fortunately, the Servicemembers Civil Relief Act (SCRA) provides certain protections to military personnel that can affect divorce proceedings in Florida. If you or your spouse is serving in the military, understanding how the SCRA applies is important for navigating the legal process.

What Is the Servicemembers Civil Relief Act (SCRA)?

The SCRA is a federal law designed to ease legal and financial burdens on active-duty military members. Enacted in 2003 to replace the Soldiers’ and Sailors’ Civil Relief Act of 1940, the SCRA provides a wide range of protections, including:

Postponement of civil court matters
Protection from default judgments
Relief from certain lease and contract obligations

These protections apply while the servicemember is on active duty and, in some cases, for a short time afterward.

How the SCRA Affects Divorce Proceedings in Florida

Delaying Divorce Proceedings

Under the SCRA, a Florida court may stay (postpone) divorce proceedings if the active-duty spouse cannot participate due to military service. This is especially important for deployments or assignments that prevent the servicemember from attending hearings or meeting court deadlines.

A stay isn’t automatic. It must be requested. The servicemember must:

Provide a written request for a stay
Explain how military duties prevent court participation
Include a statement from their commanding officer confirming duty-related unavailability

The initial stay is typically 90 days, but courts may grant additional time as needed.

Protection from Default Judgments

If a servicemember is not present to respond to a divorce filing, the SCRA protects them from default judgments (i.e., when a court makes a decision in their absence). Florida courts must determine whether the non-responding spouse is in active military service and, if so, appoint an attorney to represent them or delay proceedings until participation is possible.

This protection ensures that no major decisions, such as property division or child custody, are made without the servicemember’s input.

Residency Requirements and Military Divorce

Under Florida law, at least one spouse must reside in the state for six months before filing for divorce. For military families, this can include:

The active-duty servicemember being stationed in Florida
The non-military spouse residing in Florida

This flexibility allows many military families to file for divorce in Florida even if they are frequently relocated.

Division of Military Benefits in Florida Divorce

Military divorces often involve the division of military retirement benefits, which is governed by both Florida divorce law and federal rules like the Uniformed Services Former Spouses’ Protection Act (USFSPA).

Key considerations include:

Length of the marriage overlapping with military service
Whether the non-military spouse is entitled to a share of retirement benefits
Tricare, commissary, and other benefit eligibility after divorce

A qualified family law attorney can help ensure compliance with both state and federal guidelines.

Child Custody and Deployment

When a servicemember faces deployment, it may impact custody arrangements. Florida courts must consider the best interest of the child, but the SCRA and state laws provide safeguards so that deployment alone does not result in permanent custody loss.

Temporary modifications may be made to accommodate deployment, with provisions to reinstate previous orders upon return.

Why Legal Guidance Is Important

Military divorces are more complex than civilian cases due to overlapping federal and state laws. Florida courts recognize the unique circumstances of military life, but ensuring fair and legal outcomes often requires experienced representation.

An attorney familiar with both Florida family law and military legal protections can:

Navigate the SCRA properly
Protect your rights during service or deployment
Ensure benefits and responsibilities are divided fairly

The Servicemembers Civil Relief Act plays a crucial role in protecting the rights of active-duty military members during divorce in Florida. Whether you’re serving in the military or married to someone who is, understanding how the SCRA interacts with Florida divorce law can help you prepare and protect your interests. If you’re considering divorce and military service is a factor, consult a qualified attorney to help you manage the process with confidence.

This article is intended to provide general guidance. For specific guidance regarding military divorce, we recommend consulting with Attorney O’ Connor.

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Attorney O’Connor is experienced with Florida 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.