If you or your spouse are currently serving in the United States Armed Forces, you know your life looks considerably different than that of the average person. However, you may not anticipate that a divorce will be markedly different as well. Unfortunately, many who file for a military divorce may be unsure of what to expect, especially as the process can drastically differ. As such, the following blog explores what you should expect during this process, including the major differences and the importance of working with experienced Tampa divorce lawyers to guide you through this process.
How Do Residency Requirements Impact a Military Divorce?
Generally, most states impose residency requirements for couples looking to file for divorce using that state’s laws. As such, Florida generally requires that at least one spouse be a permanent resident of the state for six months before filing the divorce petition. However, because members of the armed forces are often restationed, you may be unsure where to file. Florida, however, understands that military members may not meet the requirement due to the nature of their job. As such, if you wish to file for divorce under Flordia law, the residency requirment may be waived.
You should note that, generally, you are eligible to file in the state where you are stationed, the state where you are a permanent resident , or where you maintain domicile. Having these options can allow you to choose where you file and the statutes in place. For example, if you reside in California but you are stationed in Florida, you may want to file under Florida law, as the state adheres to the equitable distribution method as opposed to Californias community property method.
What Happens to Pensions?
One of the most difficult matters to navigate in any divorce is the division of retirement funds. Generally, under the Uniformed Services Former Spouse Protection Act (USFSPA) these assets are legally considered marital property during court proceedings. As such, you may be entitled to direct payments of your spouse’s military pension if you are eligble under the 10/10 rule.
The 10/10 rule allows direct payments to a spouse so long as they were married for at least ten years, and their spouse served 10 years of eligible service during the course of their marriage. Spouses who do not qualify for the 10/10 rule can still receive a portion of their spouses pension, though it will be divided according to the court’s ruling with the rest of the marital property and must be paid directly from a military member to their spouse.
Are There Any Other Differences?
One final, considerable difference you should familiarize yourself with if you are undergoing a military divorce is what happens if your spouse is active duty or deployed. Typically, when a divorce petition is filed and a spouse is served, under Florida law, they have 20 days to file a response to the petition. Failure to respond within this time can result in a default judgement in which the court hears the divorce without the other party’s input. However, due to the nature of active duty and deployment, a spouse may not have the opportunity to file a response. As such, the Servicemembers Civil Relief Act (SCRA) grants those served while on active duty additional time to respond to the petition.
As you can see, getting a divorce when one or both spouses served in the military can be incredibly overwhelming. That is why it’s critical to ensure you understand your rights during this process by connecting with an experienced attorney with Tampa Law Group. We can help you understand this process and our rights to ensure you can fight for the best possible outcome. Contact us today to learn more.
