Are you or your spouse in the military and considering a divorce in Orlando, Florida? At the Law Office Of Paulette Hamilton Divorce Lawyers, our experienced Orlando military divorce lawyers are here to help you through this process. Contact our office at (407) 420-2311 to schedule a confidential case evaluation.
Military divorces involve unique challenges. These challenges require knowledge of both military and Florida law. We will help ensure the best outcome for you and your family.
With more than 15 years of combined experience in handling military divorce cases, we are well-prepared to help you. We are dedicated to providing comprehensive legal support to service members and their families. Reach out today to learn how we can support you through this process.
How the Law Office of Paulette Hamilton Divorce Lawyers Can Help You With Your Military Divorce in Orlando, FL
Military divorces require a deep understanding of how state, federal, and military laws intersect. At the Law Office of Paulette Hamilton Divorce Lawyers, we help our clients address these specific issues. We simultaneously ensure that their rights are protected throughout the process.
By working with our Orlando family law attorneys, you’ll gain a team of compassionate advocates who can:
- Listen to your needs and tailor an approach to fit your family’s situation
- Guide you through the military divorce process
- Handle all negotiations with your spouse’s legal representatives
- Help mediate any complex issues
- Create a customized divorce strategy that meets your goals
If you’re in Orlando or Central Florida, reach out today to discuss your case in a free consultation. Understanding your options is the first step toward a successful and amicable dissolution proceeding.
Overview of Military Divorce Laws in Florida
To file for divorce in Florida, one spouse must be a resident for at least six months before the proceedings begin. Additionally, the couple must file in the county where they reside. Orlando residents will typically file for divorce in Orange County. For military families, Florida allows members stationed in the state to file as residents. Otherwise, these service members may choose to file in their state of permanent residence.
In some states, you must provide reasons for your divorce. These are called “fault” grounds. Fault grounds can include allegations of adultery, abuse, substance abuse, or abandonment. Florida is a “no-fault” divorce state. This means you do not need to provide reasons for your divorce.
Military deployments can complicate matters, and it can be challenging to serve divorce papers. While Florida normally requires physical delivery of papers, deployed military members can choose to waive service if the divorce is uncontested.
Understanding the Servicemembers Civil Relief Act (SCRA)
The federal Servicemembers Civil Relief Act (SCRA) protects active-duty service members. This law allows them to delay or suspend civil obligations if their service interferes. In Florida, an individual has 20 days to respond after being served with divorce papers. For service members, the SCRA allows a response delay of up to 90 days. This delay can be potentially longer if the circumstances warrant it. To activate SCRA protections, the active-duty spouse must request relief from the court.
Generally speaking, finalizing a divorce will take longer than 20 days. For military divorces, the process can take several weeks, months, or even longer. Given the complexities of military divorces, it is always a good idea to work with an experienced divorce attorney. At the Law Office of Paulette Hamilton Divorce Lawyers, we understand how financially and emotionally challenging this process can be. We will guide you through every step of the process to ensure you achieve the best possible outcome.
Grounds For Military Divorce in Florida
In Florida, divorce begins when you file a petition for dissolution of marriage in a court. Once this is filed, you will be required to serve the petition on the other spouse. It is common for law enforcement, like a sheriff or police officer, to serve the divorce papers. If the other spouse fails to respond to the petition, the court may enter a default divorce judgment in favor of the filing spouse.
If the non-filing spouse answers the petition, the divorce can proceed in a number of directions. When the parties agree on the terms they can file a proposed divorce settlement with the court. When the parties disagree, the case will be categorized as contested. A contested divorce may proceed to trial, or the spouses may be able to settle their disagreement through mediation.
Florida is a no-fault divorce state. This means that military divorce follows the same requirements as civilian divorce. Grounds for divorce include:
- The marriage is irretrievably broken
- One spouse suffers from a mental illness lasting at least three years
Most divorces in Florida cite irretrievable breakdown as the reason. Usually, either party is allowed to end the marriage without placing blame on the other spouse.
Child Custody Issues in Military Divorce
Child custody is a sensitive issue in any divorce. It is particularly challenging when one spouse is in the military. Custody arrangements can become complex due to the potential for frequent deployments.
Florida courts use the “best interests of the child” standard. This standard prioritizes the child’s welfare over parental rights. Key factors the court considers include:
- Each parent’s involvement in the child’s life
- Stability of the child’s routine and any special needs
- Each parent’s health, ability to provide financial support and relationship with the child
Military deployments don’t automatically result in a non-military parent receiving sole custody. However, frequent deployments can lead to a custody arrangement where the non-military parent has primary custody. Parents may create a custody plan that accommodates the military spouse’s schedule. This schedule cannot be altered while one parent is deployed unless it is in the child’s best interests.
Spousal Support or Alimony in Military Divorce
Spousal support, or alimony, can be critical for anyone going through a divorce. This obligation can provide for the financial stability and security of one spouse in a divorce. Military members, like civilians, must meet spousal support obligations. When determining spousal support, the court considers several factors:
- Duration of the marriage
- Each spouse’s financial independence
- Career sacrifices made by either spouse
- The couple’s standard of living
In military divorces, federal law caps the amount of spousal support awarded. If you have questions regarding spousal support, our experienced family law attorneys can guide you to the right answer. At the Law Office of Paulette Hamilton Divorce Lawyers, we are well-versed in the complexities of spousal support laws. We won’t stop fighting to make sure your former spouse is obligated to contribute a fair and reasonable amount. We can help ensure adequate support by:
- Examining your eligibility for spousal support under Florida and military law
- Gathering evidence to strengthen your request for spousal support
- Negotiating with your former spouse’s counsel to reach a reasonable settlement
- Representing your interests before the court if it becomes necessary
Our skilled divorce attorneys have extensive knowledge and experience with family law. We will support you at every stage of the military divorce process. We will defend your rights and pursue the spousal support you deserve.
Child Support in Military Divorce
Child support claims in a military divorce can be challenging. These claims are often met with resistance from the parent obligated to make payment. Providing for your child may not be difficult while you are married, but it can be burdensome after a divorce. In this situation, you may need to seek a child support order to make sure your children receive adequate support.
In Florida, each parent is expected to provide for their children’s emotional and financial needs. Florida law states that children must receive emotional and financial support from both of their parents. To make sure this is accomplished after a divorce, the custodial parent can ask the court to order child support. This order is a legal obligation to provide for the health, education, welfare, and safety of a child. These support obligations must be fully resolved before a court will finalize a divorce in Florida.
Division of Marital Assets and Liabilities
Florida follows equitable distribution principles. These principles require fair, but not always equal, division of marital property. Military divorces bring additional complexity, as military retirement benefits must also be divided. Under the Uniformed Services Former Spouses Protection Act (USFSPA), certain benefits may be subject to division. These benefits can include pension and survivor benefits.
For benefits through the United States government, the couple must have been married for at least 10 years. However, a service member may still owe some military benefits to their spouse, even if the 10-year rule doesn’t apply. Working with an experienced military divorce lawyer is essential to ensure your interests are defended.
Contact an Orlando Military Divorce Lawyer For a Free Consultation
The Law Office of Paulette Hamilton Divorce Lawyers understands the unique challenges of a military divorce. Whether you or your spouse is in the military, when you are considering divorce, you can count on us to help. We are ready to provide knowledgeable, empathetic representation to help secure the best possible outcome. Contact us today to schedule an absolutely free consultation with an Orlando military divorce lawyer.
