In order to obtain a divorce in Florida, one or both of the parties must live in that state for 6 months prior to filing the petition. If one of the parties is on active duty he can meet the residency requirement for the purposes of a court’s jurisdiction if he has really maintained a residence in Florida for 6 months or if he declares Florida to be his home state, even if he’s deployed elsewhere. The following will look into military divorce in Florida to determine how it is done.
Pittsfield, MA -- (SBWIRE) -- 01/03/2013 -- Military divorce in Florida is generally the same as civilian divorce. When there are children involved. A Parenting Plan must be developed, child support must be calculated, alimony and any other relevant issues involved with the divorce must be decided, and division of pensions and marital property must be settled upon. It is up to the state family court to decree whether or not retired military pay is to be considered part of the marital assets. If it is, the Uniformed Service member Former Spouses’ Protection Act (USFSPA) provides a method for it to be paid to the ex-spouse through the Department of Defense.
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While the USFSPA does not automatically guarantee that a former spouse will receive a portion of the retired military personnel’s pension, it does acknowledge that the ex-spouse may be entitled to it. A former spouse must be awarded part of the pension as property in the final divorce decree. The USFSPA also makes provision for child support payment, so long as the amount of the support never exceeds 60% of the service member’s pay.
There are laws in place to protect a military member from being held in “default” because he did not respond to the divorce action. If the service member is on active duty at the time the divorce petition is filed, the entire divorce action can be suspended for the length of his tour and for up to 60 days beyond it. These laws were enacted to allow the military personnel to concentrate solely on the protection of the United States rather than risk being distracted by personal issues. Military divorce in Florida really isn’t that different from civilian divorce in that or any other state. However, Florida does offer an online military divorce process for service members. It does not matter if the soldier or sailor is on active duty at the time he is serving or being served with divorce documents; he can file for and be granted a divorce easily by doing it online.
Legal-yogi.com, an online repository of all manner of legal information located in Pittsfield, Massachusetts, has more to share on this topic, and is always available to do so.
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