What Are the Unique Challenges of a Military Divorce?
All divorces can be challenging. However, divorce can be even more challenging if one spouse is in the military. If you are about to get a divorce, and you or your spouse are in the military, you need to know about the unique issues of military divorces. You need to know about the unique challenges you may face along the way and take them into account before you start the divorce process. These challenges pertain to, among others, jurisdiction, property division, timesharing, and alimony.
Service men and women and their families are constantly moving from state to state. This can make it challenging to know where to file for divorce if you are in the military or are married to someone in the military. If you are in the military or your spouse is in the military, it is crucial for you to know that where you were married does not have anything to do with where you can file for divorce. A service member can file for divorce in the state where they are stationed, and the good news is that in most states, there are residency requirement exceptions for service members who choose to file for divorce in the state they are posted. Florida is among the states with these exceptions. There may also be other options for military members and their spouses. You can file for divorce in the state where you have property, where you and your spouse last lived as a married couple, or where you have permanent residence. Speak with a skilled Florida divorce attorney about filing for your military divorce in Florida and what is best for you.
If you are in the military or are married to someone in the military, you must also consider the issue of property division. This can be a complex issue in a military divorce. Usually, when deciding how to divide property between spouses, the court considers marital and non-marital property. Only marital property is divisible between spouses. In Florida, military couples, just like other couples, are entitled to equitable distribution. In a military divorce, the court will award marital property between the spouses. However, benefits such as military benefits, retirement pay, and pensions can make the property division process more complex. It can be challenging to determine the value of these benefits.
When it comes to timesharing, formerly called child custody, matters such as deployment and relocation can make the situation quite complicated. Determining timesharing is a huge concern in military divorces. Usually, when it comes to timesharing matters, the courts consider all the necessary factors to determine what is in the best interest of any children involved.
Finally, the issue of alimony can be contentious in military divorces. It is crucial to take into consideration matters that may arise in regard to spousal maintenance. For example, spouses who give up their career and/or life to follow their military spouse around are often given special consideration. Also, spouses may be entitled to part of their military spouse’s retirement pay, depending on marriage length and time spent in service.
Contact an Orlando Divorce Lawyer
Contact a skilled Orlando divorce lawyer at the Arwani Law Firm for legal guidance if you are facing a military divorce.