Military Divorce In Florida
Finding a Divorce Attorney for Military Families in Florida
Living in Tampa, many of our clients are in the military personnel on assignment at MacDill Air Force Base. We understand the unique challenges that face our military families. While moving every two years might feel exciting at first, after six or seven moves, a marriage can become strained.
Deployment and the stress of a military career can take its toll on even the strongest of marriages. In these cases, a military divorce attorney will help you navigate the laws associated with a military divorce — especially if you have children together.
Florida Statutes address military service and deployment with laws that place emphasis on the best interest of the children while still recognizing the impact military service will have on time sharing.
Devising a time-sharing schedule for the parenting plan is a high priority during a military divorce, especially if one of the parents will be moving. These parenting plans take into consideration how weekends, summers and holidays will be handled. They address future deployments and moves with a detailed plan in place.
Outside of agreements with children involved, the process for getting divorced in the military can be difficult. The SCRA allows active-duty members to request a “stay” to delay their proceedings or child support if their duties prevent them from participating in the court action. The initial stay request lasts for 90 days.
There is a 10-10-rule that means in order for the military to provide direct retirement payments to an ex-spouse, the couple must have been married 10 years overlapping with 10 years of service.
If all three of these apply you are entitled to full base privileges as long as you don’t remarry:
- You were married to your former spouse for at least 20 years
- Your ex-spouse was in the military for at least 20 years
- Your marriage overlapped the time in service by at least 20 years
LaFrance Law will help you assess the calculation of the marital component of military retirement, addressing the Survivor Benefit Plan, the possible retention or receipt of this benefit and the allocation of its cost. We have experience in handling military divorces which benefits our clients both in negotiating a resolution of their case and in litigating the issues in Court, if necessary.