TAMPA DIVORCE ATTORNEY
Military Divorce Attorney Tampa Florida
If you are an active duty member, retired from active duty, or the spouse of an active duty or retired member, it is very important that you select an experienced Tampa military divorce attorney. The most important assets during a military divorce are related to the military pension, preserving insurance benefits, and survivor benefits. Each person enlisted is entitled to a military pension for life. If these benefits are earned during the marriage they are considered marital property and subject to equitable distribution in Florida. The Tampa military lawyer you choose not only needs to know these state laws but also the Former Spouse Protection Act, a federal statute. Court orders must be properly drafted to comply with both state and federal law. Top Family Law Attorney Mark G. Rodriguez will also know how to solve other divorce issues like division of property, child custody and child support, time sharing issues, alimony (spousal maintenance), asset division, and debt division.
KNOW THE LAW, KNOW YOUR RIGHTS!
Requirements of Military Divorce in Florida
The residency requirement for a Florida military divorce is that you or your spouse must reside in Florida for a minimum of six months before the petition for dissolution is filed and your spouse must be stationed in Florida.
Florida Statute 61.052 – Dissolution of Marriage Are:
- The marriage is irretrievably broken, or
- One of the spouses suffers mental incapacity (evidence must be substantiated).
Per the Service Members Civil Relief Act of December 2003, a “stay of proceedings” may be given, at the discretion of the court, which would allow for the postponement of divorce proceedings:
“At any stage thereof any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within sixty days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in this Act unless, in the opinion of the court, the ability of plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service.” (50 U.S.C. App. § 521)
This right to postponement may be waived by the active duty member.