Military Divorce Attorney
If you are seeking a military divorce in Boca Raton, West Palm Beach or Fort Lauderdale, it is important to have a divorce lawyer experienced with the unique implications of military divorces on your side. Military divorces can differ in a number of ways from civilian ones, and knowing that you have an attorney in Florida that understands what entails is an important step in ensuring that your rights and best interests are protected.
A military divorce refers to the dissolution of a marriage between an active, retired or reserved military member and his or her spouse. Military divorces are settled through the civil court system in the same way as other divorces, but there are implications that do not occur in divorces between two civilians. For example, issues such as military housing privileges, medical coverage, retirement and pension benefits, as well as the division of property and asset allocation, can be affected when a military marriage ends in divorce.
Unfortunately, the stresses of a military career can be difficult at best and can lead to divorce. Just as issues during the marriage can be more cumbersome to navigate than a civilian marriage, so too can issues surrounding the dissolution of a military marriage. Whether you are in the military or are the non-military spouse and you are considering a divorce, it is in your best interest to a lawyer experienced in military divorces in Boca Raton, West Palm Beach and Fort Lauderdale. Doing so will help you navigate through military-specific issues that need to be addressed when a military marriage ends, as well as other considerations that affect all marriages, such as division of marital assets, child custody, child support, and alimony.
Free Military Divorce Consultation in Boca Raton, West Palm Beach or Fort Lauderdale
We offer free consultations in Boca Raton, West Palm Beach and Fort Lauderdale, servicing all areas of South Florida. If you are considering a divorce, you can learn more about the intricacies involved during your no-cost, no-obligation consultation. We offer compassionate yet tenacious guidance and representation to ensure that your best interests are protected during a military divorce.
Contact Our Military Divorce Law Firm Today
For additional information about military divorce in Boca Raton, Fort Lauderdale or West Palm Beach, call the Boca Raton attorneys at Klein Law Group at 561-367-5166 or fill out the form on the side of this page and one of our experienced lawyers will call you.
Divorce gives you the freedom to start fresh. At Klein Law Group, our lawyers in Boca Raton, West Palm Beach and Fort Lauderdale are dedicated to helping you move forward with confidence.
Florida Military Divorce FAQs
There is no distinct process to get a military divorce in Florida as compared to a civilian one. Divorces between a military member and his or her military or non-military spouse are handled in the civil court system. The difference lies primarily in how benefits are affected when a military marriage ends. In order to get a divorce in Florida, you or your spouse must have been a resident in the state of Florida for six months or more, or you must currently be stationed in Florida. Any active, reserved or retired member of the U.S. military that goes through the process is considered to have a military divorce if military benefits are at stake in the dissolution of the marriage.
A marriage in which one or both partners are, or have been, a member of the Army, Navy, Air Force Marines or Coast Guard is considered to be a military divorce. Service members can be on active duty, on reserve or retired. The differentiating factor between a military divorce and a civilian is how any military benefits are affected through the process, such as military housing, medical benefits, disability pay, retirement or pensions.
There are a number of differences in how the allocation of benefits or division of assets is determined in a military divorce in comparison to a civilian divorce. Here are a few points to keep in mind:
Establishing military benefits requires more than just a state court order
To retain benefits, the non-military spouse can only remarry after age 55
If the non-military spouse remarries and the new marriage ends in death or divorce, benefits may be reinstated
Divorced non-military spouses are not entitled to a service member’s disability pay
Military retirement pay is considered marital property but may be treated differently by different jurisdictions
If the couple was married for more than 20 years, medical coverage for the non-military spouse and any children may continue
A military divorce proceeds in a similar fashion to a civilian since the process is handled in civil court. However, there are laws in place that protect military members on active duty from being held in default by failing to respond to an action in a timely manner. The Soldiers and Sailors Civil Relief Act allows for the postponement of a proceeding while a member of the military is on active duty and for 60 days after they return from active duty, although the military member can choose to waive this right.
Although many of the decisions related to the division of property, assets and liabilities, as well issues concerning child custody and support, are made in accordance with Florida state divorce laws, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement benefits are calculated and divided between spouses upon divorce of a military member. This federal law requires that the non-military spouse has been married to a service member on active military duty for ten or more years during the marriage.
We offer legal services in Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Fort Lauderdale, and surrounding areas.