Five Things You Need To Know About Military Divorce In Fort Lauderdale
Military members make significant sacrifices in serving our nation, as do their families. Unfortunately, moving to different bases, lengthy deployments, and other demands can make it difficult to maintain a marriage.
If you are considering a military divorce in Fort Lauderdale, you may have heard horror stories about how hard it is. Our experienced Fort Lauderdale divorce lawyer helps clients facing this situation. Military divorces are not as complex as some would have you think, but there are important things you need to know about the process:
- You have options in where you file for divorce.
Under the Florida Statutes, you must reside in the state for six months to get a divorce, but the courts are generally willing to make accommodations with military members. Also, if you are stationed here but own property in another state, you may have options regarding where you file.
- Getting a military divorce can take longer.
Once your spouse is served with a divorce petition in Fort Lauderdale, they have 20 days to respond. If they fail to do so and are absent at hearings, you can be granted a summary judgment in your favor.
This does not apply to military members. Under the Soldiers’ and Sailors’ Relief Act, those on active duty or in training are permitted extra time and cannot be penalized for failing to appear. This may delay getting a final divorce order.
- Dividing marital assets may be more complex.
You are entitled to an equitable share of any marital assets in a Florida divorce, including retirement benefits and money in financial accounts. To obtain your fair share of a Thrift Savings Plan (TSP), the military’s version of a 401k, you need a special court order.
Regarding other retirement benefits, the military follows the 10/10 rule. You must have been married to a military member for at least ten years, during which they must have completed at least ten years of service.
- You may be entitled to spousal support payments.
Military spouses often sacrifice their careers or education to support their partner. If this describes your situation, you may be entitled to spousal support payments in a Fort Lauderdale divorce.
Spousal support payments in Florida are typically not available for short-term marriages. However, with the extenuating circumstances surrounding military marriages, the court may make an exception.
- Child time-sharing is likely to be more complex.
Child time-sharing is one of the most sensitive issues addressed in a Fort Lauderdale divorce. Military members have the same parental rights as any citizen, but deployment, frequent moving, and other issues can make negotiating a parenting plan more complex.
Schedule A Consultation With Our Experienced Fort Lauderdale Military Divorce Lawyer
As an experienced Fort Lauderdale military divorce lawyer, Vanessa L. Prieto understands the special challenges these families face. We provide caring support throughout the divorce process and take the legal actions needed to protect you. To schedule a consultation, call or contact our office online today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
militarypay.defense.gov/Benefits/Servicemembers-Civil-Relief-Act/
tsp.gov/planning-for-life-events/divorce-annulment-and-legal-separation/
browardclerk.org/Divisions/Family
