Should I File My Military Divorce In Florida?

Divorce when one or both spouses are members of the U.S. Armed Services is both similar and different to a civilian dissolution of marriage. The same issues will appear in both – asset division, parenting time questions, marital versus individual property, and the like. However, it is crucial to be aware of the differences – failure to do so can bog down the proceedings, making it difficult or even impossible for you and your spouse to start fresh.

Does Florida Have Jurisdiction?

One of the most common factors that can affect a military divorce is the issue of residency (and thus, jurisdiction). In order to file for divorce in Florida, at least one of the parties must have resided in the state for at least 6 months before filing. This is meant to discourage forum shopping (that is, choosing to file a complaint in a court where the law will be most favorable), but it also gives Florida the right to rule in the case.

The legal principle of jurisdiction holds that a court can only rule on matters that involve those with ties to its locale. For example, a state district court in Miami can only rule on matters that either took place in its district, or involve people residing or doing business in its district. If a person received orders to move to Florida a week ago, they are not sufficiently tied to the area where the local court would have the authority to hear their case.

Equitable Distribution For Asset Division

Another factor as to whether Florida is the best place to seek a military divorce is the method by which Florida law divides marital assets. Florida follows an equitable distribution system of asset division, meaning that unlike ‘community property’ states in which assets are divided 50-50, assets and debts from a marriage are divided as equitably (fairly) as possible. Questions like the length of the marriage or each spouse’s contribution will be factored into the court’s decision.

This is particularly relevant with regard to retired pay. State courts have the right under the Uniformed Servicemembers’ Former Spouses’ Protection Act (USFSPA) to divide disposable retired pay as a marital asset. If the marriage lasted 10 years while at least one spouse put in 10 years’ service, the former spouse can receive their portion directly from the Armed Forces’ Defense Finance & Accounting Services (DFAS), but if not, the state court may divide the disposable retired pay of its own volition.

Contact A Hollywood, FL Military Divorce Attorney

Divorce is never easy, but trying to go through the process while juggling military responsibilities can be difficult. If you think Florida may be the right place to file your divorce, a Hollywood, FL military divorce attorney from the Law Offices of Steven A. Mason, P.A. may be able to assist. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.021.html