Ending a marriage can be challenging, especially for military families dealing with time apart and unique legal considerations. At Mindful Divorce, P.A. in Palm Beach County, we focus on reducing stress by providing clear guidance and a straightforward approach to help you through the process.
If you and your spouse prefer a more cooperative path, consider collaborative divorce. Rather than leaving decisions to a judge, both of you, along with professionals, shape an agreement that respects your family’s needs, preserves privacy, and helps everyone move forward with greater peace of mind.
Below, we highlight key issues in Florida military divorce cases. We hope these insights help ease your worries. If you have questions or need help, reach out to us today.
The Basics of Military Divorce in Florida
Initiating a military divorce in Florida requires a grasp of specific factors that set it apart from civilian divorce. One of the first steps is meeting the state’s residency requirements to ensure the Florida court has jurisdiction over your case.
Residency Requirements
Florida law requires that one spouse has lived in the state for at least six months before filing. Active-duty service members who are stationed here generally count as residents. This may help smooth out the legal process. That said, if one spouse has never stepped foot in Florida, it can create questions about where and how to proceed. We are here to talk through these issues so that you feel certain that all steps are taken correctly.
Grounds for Divorce
Florida uses what is known as “no-fault” rules. This means that you do not need to show wrongdoing to file for divorce. Even if you are serving overseas or your spouse is away on military orders, the basic reasons remain the same. Usually, it is enough to show that the marriage is broken and cannot be repaired.
Servicemembers Civil Relief Act (SCRA)
Active-duty service members are granted certain safeguards under the SCRA. These safeguards may allow extra time before court proceedings move forward and can prevent being placed at a disadvantage if duties take you away from the case. Our firm can help explain how these rules work and ensure that you know your rights.
Division of Military Benefits
Dividing marital assets in a military divorce involves unique considerations, particularly when it comes to military benefits earned during the marriage.
Military Pensions and Retirement Benefits
Military pensions may be divided during divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat retirement pay as marital property. The “10/10 rule” (ten years of marriage overlapping ten years of service) can play a role when dividing benefits, but pensions may still be divided even if that requirement is not met. Disability pay and other forms of compensation can have their own rules, and it is important to address them with care.
Other Military Benefits
Divorces involving service members may raise questions about TRICARE coverage or access to commissary privileges. Unlike civilian cases, these matters often involve extra steps. We can help outline a path forward so that you and your family have a clear view of what to expect.
Child Custody and Support
Child custody and support orders in military divorce cases require careful consideration due to the unique challenges posed by military life.
Custody Considerations
Frequent moves or deployments often disrupt family routines. Courts put children’s well-being first. If one parent is abroad or often moving, flexible custody plans may be needed. We help create arrangements that support the child and acknowledge the demands of service.
Child Support
Child support often includes base pay, housing, and allowances. Florida limits total support to a percentage of a service member’s pay. We’ll explain how these numbers work. If duty or income changes, support can be adjusted.
Division of Property
Dividing marital property in a military divorce requires careful consideration of both traditional assets and those unique to military service.
Military-Specific Assets
Military retirement pay is often a valuable asset in divorce. Separating these benefits can involve close attention to detail. It is essential to understand exactly what counts as marital property and how best to divide it.
Separate and Marital Property
Assets purchased or earned during marriage are often considered marital property. In a service member’s life, this might include pay, certain benefits, or investments. Assets owned before marriage may remain separate property. The key is to identify which property belongs in which category.
How Mindful Divorce, P.A. Can Help?
We have experience working with marriages that involve active-duty service. Our team aims to help you work through your case with as little confusion as possible, always with an eye on what you value most.
Collaborative Approach
Collaborative divorce helps military spouses find workable solutions without courtroom battles. Both partners, alongside attorneys and neutral professionals, discuss the details in a calm setting.
This approach can address the special challenges posed by deployments, relocations, and certain benefits, allowing everyone to shape agreements that respect their priorities. In the end, it often means more stable outcomes and less stress, so families can move forward with a clearer path.
Facing a Military Divorce in Florida? We Are Here to Listen.
If you feel anxious, you are not alone. We listen, answer honestly, and invite you to call or send a message with your concerns. There’s no reason to go through this alone. Contact Mindful Divorce, P.A. by phone at (561) 567-9379 or online, and let’s talk about the path forward.