Filing For A Fort Lauderdale Divorce When Your Spouse Is A Military Member
Deciding to end your marriage is never easy. When your spouse is an active-duty service member, the process comes with a unique set of legal challenges that civilian divorces do not face.
Questions about where to file, how to serve papers, and what happens to military benefits can feel overwhelming. Our experienced Fort Lauderdale military divorce lawyer explains what makes these cases different and how to navigate both Florida law and federal regulations.
What Makes Military Divorces In Fort Lauderdale Different
Military divorces are subject to state and federal laws. In general, at least one spouse must have lived in the state for a minimum of six months before filing for a Broward County divorce.
However, Florida Courts recognize legal domicile for service members, even if they get stationed or deployed elsewhere, provided they maintain a Florida driver’s license, property, or other ties to the state.
Additional divorce protections are available through the Servicemembers Civil Relief Act (SCRA):
- Deployed service members can request a stay for an initial period of at least 90 days if military duties prevent participation in divorce proceedings.
- You can extend the stay beyond 90 days if military obligations continue to prevent participation.
- Courts cannot enter a default judgment against a service member for failing to respond to court filings while deployed.
- SCRA protections generally continue through active duty and for a short time after service ends.
- A service member may voluntarily waive SCRA protections in writing, allowing the divorce to proceed during deployment.
Serving a Broward County divorce petition on a deployed spouse presents additional complications. However, if the service member agrees to the divorce, they can sign a waiver acknowledging receipt of the papers, simplifying the process.
Protecting Your Financial Rights in a Fort Lauderdale Military Divorce
In addition to dictating divorce timelines, both state and federal laws also impact property division in a Fort Lauderdale military divorce, including the right to military benefits.
Under the Uniformed Services Former Spouses’ Protection Act, or USFSPA, Florida courts can divide military retirement pay as a marital asset, provided the marriage overlapped with at least 10 years of qualifying military service.
Other important issues to address that could impact your financial rights in a Broward County military divorce include:
- Treatment of housing allowances and special pay in support calculations.
- Health insurance coverage for the non-military spouse.
- Child support calculations that account for total military compensation.
- Survivor Benefit Plan elections, which affect long-term financial security.
If possible, taking action before deployment gives you the best opportunity to protect your financial interests and reach a fair resolution.
Contact Our Experienced Fort Lauderdale Military Divorce Lawyer Today
Military divorces in Broward are complex. To protect your rights in a settlement, get our experienced Fort Lauderdale military divorce lawyer on your side.
At Vanessa L. Prieto Law Offices, we help you navigate the situation and explain how both state and federal laws apply. For trusted legal guidance, contact our office and request a consultation today.
Sources:
flsenate.gov/Laws/Statutes/2023/61.021
uscode.house.gov/view.xhtml?path=/prelim@title50/chapter50&edition=prelim
dfas.mil/Garnishment/usfspa/legal/
