Orlando Military Divorce Lawyer
Going through divorce is already an emotional and complicated process, so you could be overwhelmed by the specific laws that apply when one party is a member of the military. Regardless of whether it’s you or your spouse – or both – who are serving, there are unique factors you need to understand to protect your rights.
At the Arwani Law Firm, our team has in-depth knowledge of the relevant laws and extensive experience representing clients who are going through military divorce. We can assist in attempts to reach agreement on the key issues, but we’re ready to go to court to safeguard your interests. Please call to set up a meeting with an Orlando military divorce lawyer. You might also benefit from reviewing some of the basic legal concepts.
How Military Divorce Works in Florida
The general process of divorce is the same for members of the military, though the rules on jurisdiction are somewhat relaxed. Either spouse can file to initiate the proceedings, at which point the parties will address:
- Division of assets and debts acquired during the marriage;
- Spousal support, including whether it’s appropriate, the amount, the type, and duration; and,
- Custody, visitation, and support for minor children.
Military divorce laws may apply differently on these issues because of the specific factors described below. However, the parties can still attempt to work out an agreement on property division and alimony, and the court will likely accept it as long as it’s fair. Parents can also enter into an agreement regarding minor children, but the judge will review it to ensure that it complies with the child’s best interests standard.
If the parties cannot agree on some or all of these issues, the court must conduct a hearing. After reviewing arguments, evidence, and testimony, the judge will apply the relevant laws in making a decision.
Unique Factors in Military Divorce
Though the process is similar, there are some implications in military divorce that aren’t present when other couples decide to end their marriage. Our attorneys at the Arwani Law Firm can explain them in more detail and advise you on their application, but the unique factors include:
- Child custody can be complicated since military parents are subject to deployment, relocation, and leave.
- Military retirement is governed by federal law, which requires that the marriage must be at least 10 years for the spouse of a service member to receive benefits.
- Child support is calculated according to off-duty and active duty pay.
- Health care benefits for children are covered after divorce, and may be available for the ex-spouse who is not a member of the military.
Set Up a Consultation with an Orlando, FL Military Divorce Lawyer
Considering the unique factors at stake alongside the typical divorce issues, it’s wise to retain legal counsel for assistance with military divorce. If you’re dealing with a current case or contemplating filing, please contact the Arwani Law Firm to schedule a case assessment with one of our Orlando military divorce attorneys. We can explain the process and advise you on your options once we review your situation.