Military Divorce In Fort Lauderdale: Four Ways Divorce Is Different For Military Members
Going through a breakup can leave you feeling devastated and overwhelmed. The situation is often even more difficult when one of the spouses is a military member. While the same laws apply as in any Fort Lauderdale divorce case, specific policies and procedures may be dramatically different.
Our Fort Lauderdale military divorce attorney has devoted her career to family law. She provides trusted, experienced legal representation to military members and their families and explains four ways a military divorce differs.
Ways In Which Getting A Military Divorce In Fort Lauderdale Is Different
The Florida Statutes detail all of the legal requirements for getting a divorce in Fort Lauderdale and provides guidelines for resolving divorce-related issues. These laws apply equally to all residents, including military members. At the same time, there are some significant ways in which military divorces differ:
- Determining Where To File For A Military Divorce
Florida requires a minimum of six months of residency to get a divorce in Fort Lauderdale. However, military members move frequently, so the rules are more flexible. You can file in any of the following states:
- Where you and your spouse established legal residency;
- Where the military member is currently stationed;
- Where the non-military member resides during active duty.
Filing a divorce through the Broward County Courts could benefit you in terms of a settlement, as opposed to other states.
- The Amount Of Time It Takes To Get A Divorce Order
When filing a divorce petition in Fort Lauderdale, your spouse is served with a copy and has 20 days to respond. If they fail to do so, a summary judgment may be awarded in your favor. However, there is an exemption for military members.
As they may be deployed or otherwise unable to receive or respond to correspondence, the Servicemembers Civil Relief Act (SCRA) protects their rights, requiring courts to allow additional time and prohibiting default judgments in their absence.
- Child Custody and Parenting Plans
Shared custody is generally encouraged in any Fort Lauderdale divorce case involving parents, but this can prove challenging for military members. Moving around frequently can make creating a parenting plan more difficult and may prompt frequent changes or modifications. A court-approved backup parenting plan should be included as well, in the event the military member gets deployed.
- Equitable Division of Pension Benefits
Under Florida law, you are entitled to receive a fair share of all marital property and assets, including your spouse’s retirement benefits. However, military pensions are subject to the Uniformed Services Former Spouses’ Protection Act (USFSPA), which imposes the 10/10 rule. You must have been married for ten years with at least ten years of military service for you to be entitled to your spouse’s military pension benefits.
To Discuss Your Options, Schedule A Consultation With Our Fort Lauderdale Military Divorce Attorney
Military divorce is different from other types of divorce. Fort Lauderdale military divorce attorney Sandra Bonfiglio provides the experience, trusted legal representation needed to protect your rights. Reach out today and schedule a consultation to discuss your options.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
occ.treas.gov/topics/consumers-and-communities/consumer-protection/servicemembers-civil-relief-act/index-servicemembers-civil-relief-act.html
comptroller.defense.gov/Portals/45/documents/fmr/archive/07barch/07b_29_Feb09.pdf
