Fort Lauderdale Military Divorce Lawyer
Military service can take a toll on military members and their families. In some cases, married couples with one or both military spouses will decide they want to end their marriage. While military members will have to follow the same steps as any other divorcing couple to legally dissolve their marriage, military divorces do have some additional legal issues that may arise. For this reason, you should always discuss your situation with a Fort Lauderdale military divorce lawyer who has specific experience handling military divorces in Florida.
The following are some of the possible differences between a civilian divorce and a military divorce:
Where you file — There may be special requirements for where you file for divorce, especially if military retirement benefits will be an issue in your divorce. A lawyer will examine the state in which you are a permanent resident, the state where you are currently living, and other factors to determine the best place to file.
Active duty spouses — If one spouse files for divorce while the other is overseas on active duty, the Service members Civil Relief Act provides certain protections. Specifically, it allows the deployed spouse to postpone the divorce proceedings until they are able to appear and protect their rights and interests in court.
Child timesharing — While Florida timesharing and visitation laws lean toward joint responsibility in most situations, military service can complicate parenting time determinations. Because a military parent may frequently move or be deployed, timesharing plans should be specifically tailored to this situation.
Child support — Military parents are expected to pay child support like anyone else, though determining the amount of support may be more complicated due to different tax-free military allowances and specialty pay rates during deployment. The Leave and Earning Statement issued by the military is an important document when determining child support payment amounts.
Division of retirement benefits — Military retirement benefits can be divided along with other property in a divorce. You may have many options for division of these benefits, however, such as taking a lump sum or waiting until the military member retires. It is important to carefully weigh these options with your attorney.
Military benefits — A civilian spouse’s continuing access to health care and other military benefits will strictly depend on factors including the length of the marriage and the length of the military member’s service. If the marriage or service was relatively short, the civilian spouse will likely have no access to benefits following divorce.
Contact a Fort Lauderdale Military Divorce Lawyer Today
Not every family lawyer is familiar with the unique issues that can arise in a military divorce and you should always ensure that your lawyer knows how to handle your type of case. At the Vanessa L. Prieto Law Offices, LLC, we know how to represent individuals facing divorce in a wide variety of circumstances. We will walk you through every step of your divorce case with personalized attention and compassion. If you are considering divorce, please call our office today at 954-817-0402 for representation you can trust.